Minister may pursue appeal pending executive approval

Infrastructure Minister Liz Kimmins has said she is looking at “pursuing” an appeal into a ruling that the construction of the A5 project should not go ahead in its current form.

The 58-mile (94km) £1.7bn project was given the green light by Stormont ministers in October last year.

However, on 23 June a judge ruled that the construction of the project should not go ahead in its current form, saying the Department for Infrastructure’s plans did not comply with climate change targets.

At a press conference on Tuesday, Kimmins said: “It is my intention that we will look at pursuing an appeal that will require executive agreement and we’re exploring the logistics in relation to that.”

More than 50 people have died on the A5 since 2006 and campaigners have called for the road to be upgraded.

Kimmins said last week’s ruling had been “disappointing,” but wanted to reinforce the message to the public that was a determination to “find a way around this”.

She said “everything remains on the table”.

Kimmins said her priority was that “we find a solution and we get this road built so that no more lives are lost”.

She added that she wanted both the “best” and “quickest” solution.

“That is very complex, we need to do that very carefully, which is why I will not be knee jerking in terms of any decision.”

Caoimhe O’Brien was killed in a crash on the A5 between Londonderry and Strabane in October 2016.

Speaking to BBC Radio Ulster’s Evening Extra programme, her mother Marie O’Brien questioned whether this will be “another disappointment” for families.

“Will it go to court again? Will it be another disappointment for the families?”

“I don’t want any other family getting that knock (from police) that I got. I’m only talking from a mummy’s point of view of losing my daughter. That’s the most horrifying thing that can happen in your life, getting a knock on the door to say that your loved one has been killed on the roads, especially the A5,” she said.

She said the A5 issue feels “never ending”.

“It was a huge disappointment when the verdict came out because I was really expecting it to go ahead this time. It was gut-wrenching and heartbreaking,” Ms O’Brien said.

“I don’t think, honestly, it’ll ever be built.”

The judicial review proceedings that culminated in Judge McAlinden’s decision on 23 June, involved a group of residents, landowners and farmers who mounted a fresh challenge against the decision to begin construction work.

The umbrella group, known as the Alternative A5 Alliance, contended it would breach legislative targets to achieve net-zero greenhouse gas emissions by 2050.

The High Court judgement blocking the upgrade of the A5 road – because the plans did not comply with government climate change targets – shows the reach and impact of Stormont’s climate change legislation – but the judgement is clear that shortcomings in the project can be remedied.

A solicitor for the Alternative A5 Alliance campaign group, which brought the successful case, said his clients’ efforts had been “vindicated” and it was an important day for the environment.

Safety campaigners from the Enough is Enough group said they were disappointed with the decision but added the judgement provided a “roadmap” for how the upgrade could proceed.

First Minister Michelle O’Neill said there was meeting with members of Enough is Enough on Tuesday.

The road is the Northern Ireland part of the major arterial route that connects the north-west of the island – Donegal and Londonderry – to Dublin, via towns including Strabane, Omagh and Aughnacloy.

The dual carriageway scheme was first announced back in 2007, but has been beset by a number of delays.