Regulation of offshore wind development varies throughout the world. This is sometimes justified with claims that the sector is nascent, i.e., emerging, and consequently some countries are only in the process of developing policy.

However, much of Ireland’s environmental law is grounded in long-standing EU laws and Directives which are applicable within all Member States. This includes the Marine Strategy Framework Directive (2008/56/EC), the Birds Directive (2009/147/EC), the Habitats Directive (92/43/EEC), the Strategic Environmental Assessment Directive (2001/42/EC), the Environmental Impact Assessment Directive (2011/92/EU), and the EU Maritime Spatial Planning Directive (2014/89/EU). Ireland has continued to process applications for offshore wind without regard to a number of these Directives. This failure to comply with the Directives has resulted, on a number of occasions, in Ireland being found to be in breach of EU law.

A recent judgement against Ireland, (21 November 2025) was welcomed by Sinéad O Brien, CEO of the Sustainable Water Network (SWAN), who stated “After years of warnings, this ruling is a national embarrassment.  The government has had 25 years since this law came into force; it must now act urgently to put this right. It must show that it is actually committed to safeguarding our rivers, lakes and seas, and our priceless water wildlife, by meeting its obligations under EU law”.  

Similarly, the government has had 25 years to bring Ireland’s offshore planning regime into line with EU law. But instead of putting in place a robust, compliant system and enforcing it, government is now seeking to silence the concerned public, by limiting access to justice in the courts. Access to justice rights are conferred on all citizens by the Public Participation Directive (2003/35/EC).  A comprehensive briefing note prepared by Coastal Concern Alliance outlines the diverse consenting processes for ORE in different EU countries to clarify Ireland’s position.