Why John McManus believes the Bar Council is a trade union in disguise, not a voice of judicial reason

DCM Editorial Summary: This story has been independently rewritten and summarised for DCM readers to highlight key developments relevant to the region. Original reporting by The Irish Times, click this post to read the original article.

If you’re following the debate around judicial reviews in Ireland, you’ll know that the government wants to reform how legal challenges to planning and environmental decisions are handled. The aim is to reduce delays to major infrastructure projects by introducing predictable legal costs. Officials argue that too many developments are being stalled or scrapped due to minor errors in the application process, often exposed through judicial review. To fix this, they’re proposing new rules—including a fee structure—to limit what they see as unnecessary legal claims.

The Bar Council, which represents barristers in Ireland, has publicly pushed back against these changes. In its submission to the consultation, the Council claims the new rules could make it significantly harder for citizens and environmental groups to bring valid concerns to court. It argues that the reforms unfairly shift the financial burden of government mistakes onto the public—particularly those trying to ensure legal processes are followed.

However, critics of the Bar Council’s stance argue that it misrepresents the real purpose of most judicial reviews. Rather than being noble efforts to uphold environmental or planning law, opponents suggest they have increasingly become a tactic to delay or overturn decisions once all other appeal processes are exhausted. These critics accuse the Council of defending the current system mainly because it benefits its members professionally and financially.

The Bar Council maintains that when a judicial review is successful, it proves a legal failure occurred and thus serves the public interest. Still, critics counter that the greater public interest—like the need for more housing, better transport, and improved energy systems—is being undermined by these constant legal roadblocks. They caution that while the Bar Council may see itself as a defender of the law, it should avoid overstepping into political territory and allow elected officials to handle the broader reform agenda.