A5 court judgment will be appealed, Kimmins confirms

A court ruling that the new A5 road should not go ahead is to be appealed, Infrastructure Minister Liz Kimmins has confirmed.

Speaking during a visit to Ballygawley, Co Tyrone, Ms Kimmins said her department would be pushing forward imminently ahead of the deadline for an appeal on Friday.

In June, High Court judge Mr Justice McAlinden quashed the Executive move to approve the roads project following a legal challenge from a group including residents, farmers and landowners.

The judge said the proposed scheme breached sections of Stormont’s Climate Change Act as it did not demonstrate how it would comply with the commitment to reach net-zero carbon emissions by 2050.

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

Ms Kimmins said: “I certainly will not be found wanting in terms of the work that has gone into this and that will continue to go into this to ensure that we get this road built and get it built in the shortest possible time.

“Just today we have heard of another collision. That is at the forefront of my mind in absolutely everything we do.

“We have been working across the weekend, this is the priority every single day and will continue to be.

“I will ensure that we present the most robust case.”

Ms Kimmins said her department would be working closely with the Enough is Enough group, which has campaigned for the road to be upgraded, as part of the appeal.

She said: “This was the very first test of the (Climate Change) Act and officials are working very closely with officials in Daera to look at this and looking at how we can rectify that.

“We are looking at everything here and an appeal is our first step.”

DUP MLA Deborah Erskine said the appeal was a “valid legal route”, but it would “inevitably take time”.

She added: “What is unclear from the minister is how the appeal will address Justice McAlinden’s clear reference to climate targets supported by Sinn Fein, the Alliance Party and the SDLP in his ruling.

“These targets were a key factor in the project being blocked by the court, and unless those parties act to resolve the consequences of their own policies, they risk holding up not just the A5 but a range of vital infrastructure projects across Northern Ireland.”

Mr Esrkine said: “The reality is that work on the A5 is not going to commence any time soon.

“These legal processes are lengthy, and the minister should also be looking urgently at what other steps can be taken now to make the A5 safer for all road users, and how to deal fairly with landowners impacted by the failures of DfI.”

Welcoming the announcement by Infrastructure Minister Liz Kimmins that she has secured Executive approval to appeal the recent High Court decision regarding the A5 Western Transport Corridor (A5 WTC) project, Mayor of Derry City and Strabane District Council, Cllr Ruairí McHugh, said: “This is a significant and welcome development for our region.

"The A5 dual carriageway upgrade is a vital piece of infrastructure, not just for Derry and Strabane, but for the entire Northwest, including our neighbours in Donegal. It represents a critical link that will unlock economic potential, improve connectivity, and, most importantly, enhance road safety for thousands of daily commuters and travellers.”

Highlighting the urgent need for the upgrade, the Mayor added: "The existing A5 has tragically claimed over 50 lives since the dual carriageway scheme was first proposed, earning it the unenviable reputation as one of the most dangerous roads in Ireland. The ongoing delays have a profound human cost, and the appeal offers a renewed pathway to delivering a safer, more efficient road for everyone.

"This project is about more than just a road; it’s an investment for future generations.  Derry and Strabane District Council looks forward to the appeal process and remain steadfast in our commitment to seeing this crucial infrastructure project delivered for the benefit of all."