AN EXECUTIVE DECISION to proceed with the A5 road upgrade has been quashed at the High Court in Belfast.

Mr Justice McAlinden told the court that he was aware his ruling would bring “fresh anguish” to the families of those who had lost loved ones on the road.

But he said the proposed scheme breached elements of the Climate Change Act 2022.

Infrastructure Minister Liz Kimmins was at the Royal Courts of Justice to hear the ruling on Monday and said it was an “extremely disappointing day”.

The Northern Ireland Executive gave the green light for the long-awaited upgrade, which was designed to significantly improve the safety of the road, in October.

However, judicial review proceedings were brought against the Department for Infrastructure by nine applicants, including residents, farmers and landowners opposed to the £1.2 billion (€1.4 billion) scheme.

There have been more than 50 deaths on the A5, which links Derry with Aughnacloy in Co Tyrone, since 2006. A scheme to turn the road into a dual carriageway was first approved by the Executive in 2007 but it has been held up by legal challenges and uncertainty over funding.

In his findings, Mr Justice McAlinden pointed out that the road scheme was not mentioned in Stormont’s draft Climate Action Plan published last week.

He quashed the ministerial decision to proceed with the project, stating that it breached section 52 of the Climate Change Act as well as Article 8 human rights issues identified by the Planning Appeals Commission (PAC).

The judge said there had been a lack of evidence presented that the road upgrade project would not contribute to Northern Ireland failing to meeting the Act’s net-zero carbon emissions target by 2050.

The judge said that he was “acutely aware” that the decision will bring “significant, fresh anguish” to those who have been injured or who had lost loved ones as a result of road traffic accidents on the existing A5 road.

Infrastructure Minister Liz Kimmins speaking to the media outside Belfast High Court about the legal challenge taken against the A5 road upgrade today. Alamy Stock Photo Alamy Stock Photo

“One of the primary justifications for the construction of this new road is that it will be much safer than the existing road and that, over time, many lives will be saved and many serious injuries prevented and many families will be spared the utter heartbreak of the sudden and shocking loss of a loved one.

“It is likely that delays in the progression of this scheme will coincide with the occurrence of further loss of life and serious injury on the existing road.”

The judge added: “However, the decision to proceed with the scheme must be taken in accordance with the law and the principle of the rule of law cannot be subverted, even if the motivation for doing so is to achieve what is deemed to constitute a clear societal benefit.

“The shortcomings and shortcuts in the decision-making highlighted in this judgment are capable of being remedied.

“The relevant ministers, departments and officials should redouble their efforts to deal with these shortcomings and that may involve the finalisation of a CAP (climate action plan) which is long overdue.

“But irrespective of the difficulties in overcoming these shortcomings, concerted efforts must be made by all concerned so that sooner, rather than later, a new and safer A5 dual carriageway may come into operation and the long list of names of those who have perished on that road will not be added to.”

Reaction

Sinn Féin Donegal TDs Pearse Doherty and Pádraig Mac Lochlainn described today’s high court ruling against the A5 road upgrade as “a devastating blow for our communities”.

In a joint statement, the two TDs said the ruling is “extremely disappointing”. 

“Our communities have waited and suffered long enough, and our first thoughts are with all those families who have tragically lost loved ones on this road.

“Building the A5 will save lives, create jobs, and significantly reduce journey times between the north-west and Dublin.”

They added that although today’s ruling marked a “setback”, Sinn Féin are determined to see the upgrade and would work with their colleagues in Stormont to see it applied.

Two SDLP MPs similarly described the ruling as “devastating” and “disappointing” respectively.

MP Colum Eastwood said, “The A5 is one of the most important infrastructure projects in Ireland by any measure. It has the potential to save lives, reduce road tragedies that leave people with life-changing injuries and connect communities in the North West like Donegal and Derry with Dublin.”

Includes reporting by Emma Hickey