The Critical Infrastructure Bill, introduced last week by the Minister for the Environment, Dick Roche, could allow "profit-driven" projects to side-step the planning process and would reduce the input of the public into controversial projects, said Philip Jones, the IPI's secretary.

Under the new legislation, a new division will be established within An Bord Pleanala to deal with major infrastructure projects.

Developers can apply directly to this new division and will not have to apply for planning permission to a local authority.

However, the IPI has voiced its concerns over which projects will qualify for the fasttracking process. According to Jones, the new legislation could be used by private developers to fast-track controversial, profit-driven projects.

"We would be concerned that private sector developers could use this as a back-door to get their projects through the planning process", he said. "Nobody will argue with projects such as the Dublin Metro or the Western Rail Corridor using the new process, but we would be concerned that controversial projects such as shopping centres or office blocks . . . projects that are profit-driven as opposed to being for the public good . . . may use this new legislation".

According to Jones, the wording of the bill leaves open the possibility that such private developments could receive critical infrastructure status and, therefore, bypass the normal planning process.

An Taisce has also criticised the new legislation and has questioned its constitutionality. According to its chairman Frank Corcoran, by taking away the right to appeal to the Supreme Court, the legislation may be in breach of the constitution.

"It will mean that it will no longer be possible to challenge bad decisions", he says.

"That is based on the thought that High Court judges don't make mistakes, but they do".

Corcoran has also claimed that the bill "takes away democratic safeguards and makes it easier for private developers to get infrastructure through".

The bill was first mooted in 2003 by then environment minister Martin Cullen as a way to speed up the construction of major projects.

However, it faced opposition from Michael McDowell, who opposes the construction of an incinerator in his constituency. It was confirmed last week that the incinerator in question will not be granted critical infrastructure status.