FLAC calls on Minister to carry out a major redraft of controversial Judicial Review Bill in light of Oireachtas Justice Committee report recommendations, and to undertake consultation and research before any changes proceed

26 June 2026

FLAC has welcomed the publication of the Joint Committee on Justice, Home Affairs & Migration’s Report on Pre-legislative Scrutiny of the General Scheme of the Civil Reform Bill 2025.
In March, FLAC appeared before the Justice Committee and highlighted that the proposed legislation, as presently drafted, would radically limit access to judicial review and that it would have a disproportionately negative impact on the ordinary people that FLAC represents who are trying to establish and vindicate their rights in relation to very basic public services.
The Justice Committee “has concerns in relation to [the General Scheme’s] compatibility with international agreements, EU law and the Constitution.”
Across 45 recommendations, the Justice Committee has effectively called for the Bill to be overhauled. The Committee has adopted FLAC’s key recommendations, including in relation to the time limits for taking cases, the threshold for getting permission to take a case, access to appeals, the court’s discretion to grant judicial review, and the need to ensure that successful litigants are awarded their costs.
The Committee’s report also calls for further consideration of the proposed legislation “as a whole”, for research “to ensure policy making in relation to judicial reviews is informed by data and information around the reason why judicial reviews are taken”, and for further consideration of submissions made by groups such as FLAC. They have highlighted “issue[s] with the extent to which the General Scheme was robustly considered before [it was] published [by the Department]”.

FLAC Chief Executive, Eilis Barry, stated:

“The Justice Committee’s report highlights the serious flaws with the General Scheme as well as the lack of data and evidence to support the proposals contained within it. It is quite clear that the Minister and his Department need to go back to the drawing board before proceeding with changes to judicial review.

For over five years, FLAC has been calling for the Department to engage in consultation with stakeholders about changes to judicial review. The General Scheme was published before any such consultation took place and without any explanation of the policy rationale for the radical changes it proposes or the evidence basis for them. Consultation (in particular with the groups most likely to be impacted by changes to judicial review), research on the causes of and the need for judicial reviews, and data analysis are all needed to inform any changes in this area and to provide an evidence basis for any changes. The present Bill should be paused while that work is carried out.”

ENDS

The Committee’s Report on the Pre-Legislative Scrutiny of the General Scheme of the Civil Reform Bill may be accessed here.
FLAC’s full written submission to the Justice Committee may be accessed here. Eilis Barry’s statement to the Justice Committee may be accessed here.

About FLAC:

FLAC (Free Legal Advice Centres) is an independent legal, human rights and equality organisation, which works in a number of different ways to promote equal access to justice:

In 2024, our Telephone Information and Referral Line responded to 11,435 queries. FLAC also provides Phone Legal Advice Clinics.
Our independent law centre provides targeted legal services for the Traveller and Roma communities and also undertakes public interest litigation (i.e. cases which may have an impact beyond the individual).
FLAC also operates PILA which facilitates NGOs to obtain legal assistance from private lawyers via its pro bono referral scheme.
FLAC makes policy recommendations in relation to areas of law that most impact on people living in poverty and disadvantage, including equality and anti-discrimination law, social welfare law, housing law, human rights law, and access to justice.