Appeal of court decision to quash A5 upgrade ‘being explored’

An appeal of a court decision to quash the A5 road upgrade is being explored, Minister for Infrastructure Liz Kimmins has said.

The Belfast High Court last week quashed an Executive decision to proceed with the A5 redevelopment on the basis that it breached Stormont’s commitment to reach net-zero carbon emissions by 2050.

She said they are “working through” the possible grounds for appeal before the proposal is brought to the Executive, but would not be making any “knee-jerk” decisions.

“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,” Ms Kimmins said.

Ms Kimmins said the A5 upgrade was an Executive flagship project and there are “wider implications” from the High Court judgement.

“Everything remains on the table. We will look at all the options available to us. My priority and my determination is that we find a solution and we get this road built, so that no more lives are lost.”

There have been more than 50 deaths on the A5, which links Derry with Aughnacloy in Co Tyrone, since 2006.

Welcoming the news, Mayor of Derry City and Strabane District Council, Councillor Ruairí McHugh, said it was appropriate that the Department for Infrastructure explore grounds for an appeal, and that it would give much comfort to families. “I warmly welcome the news that all options are being considered in finding some solution to this impasse. I know that local families were devastated last week when they faced yet another obstacle in the campaign to upgrade this treacherous road where too many lives have been lost.

“I stand firmly with them in their campaign, and I want to voice my support for the department as they work through this process and urge that definitive action is taken quickly to set the wheels in motion on this vital infrastructure project before we see any further tragedy.”

Niall McKenna, of the A5 Enough is Enough group, said they would welcome an appeal and had “implored” the Department to act “decisively”.

He said: “The judgement itself last week said that the one thing that is certain about the A5 is that further delay will lead to further deaths.

“The harsh reality of this road is that it kills somebody every three months, that’s the cold hard facts on it, so it needs to be a matter of urgency.”

Chair of the infrastructure committee Deborah Erskine said there was still “no certainty” for people.

“The minister has said she is minded to bring forward an appeal in relation to the High Court decision but we need to see the Attorney General’s advice in relation to the Executive and any future steps forward in relation to this,” the DUP MLA said.

“There’s no certainty around any of this and it’s important that the minister gets to grips.”

Mark Durkan, SDLP MLA, welcomed that she was minded to appeal against last week’s judgement.

“However, in terms of what the minister actually said, I’m trying to work out what that was.

“There’s a lack of definite action, she wasn’t too certain it would seem in terms of what grounds she would be appealing on and was unable to answer even the most basic questions from the press gathered in the Great Hall for this announcement.

“Today’s announcement is basically to demonstrate some sort of activity, however it’s clear that there’s a lot of work to be done by DFI in terms of this appeal.”