Families of A5 victims will be heartbroken by court ruling, minister says

The families of those killed and injured on the A5 will be heartbroken by a court judgment quashing an Executive decision to go ahead with a major upgrade of the road, Infrastructure Minister Liz Kimmins has said.

The minister insisted she would not be giving up on plans to make the road safer following the ruling at the High Court in Belfast.

Ms Kimmins was in court as Mr Justice McAlinden said that the proposed £1.2 billion road upgrade breached Stormont’s Climate Change Act.

Speaking afterwards, the minister said it was an “extremely disappointing day”.

She said: “I want to start off by paying tribute to all the families who have lost loved ones on the A5.

“No doubt this will be heartbreaking for each and every one of them.

“But their campaign will hopefully not go unnoticed.”

She added: “This is a very detailed judgment and I will have to take time with my legal team to consider the detail within that.

“I am determined we will deliver a safer A5 that will protect lives. We will not be giving up in relation to that.”

The court hearing was attended by several members of the A5 Enough is Enough group, which has campaigned for safety upgrades on the road where more than 50 people have died since 2006.

Chairman Niall McKenna said: “We are obviously disappointed with the decision this morning. I think the judgment itself narrates it most appropriately in that he admits it will lead to more anguish for the families.

“We believe that is correct.

“We find it ironic that the law is there to serve and protect the people, it is there to serve and protect society, and the judgment acknowledges this scheme would have major societal benefits.

“So, it seems ironic to go against the societal benefit, the law should be there to serve and protect us, not to work against us.

“It does (the judgment) provide a clear and unambiguous roadmap for the scheme to go ahead and I hope that will happen very quickly.”

The legal challenge against the road project was brought by the Alternative A5 Alliance.

The umbrella group contended it would breach legislative targets to achieve net-zero greenhouse gas emissions by 2050.

Solicitor Ciaran O’Hare said it was a “truly remarkable day” for his clients.

He said: “One has to applaud the tenacity of the Alternative A5 Alliance.

“They have battled tirelessly for 16 years and now their sustained efforts have been vindicated in court.”

The lawyer added: “I must make clear that my clients have never disregarded the safety concerns on the current A5 road.

“My clients have always argued that the current A5 road should be upgraded to minimise the adverse actions on our land.”

While Mr O’Hare was speaking outside court, he was heckled by SDLP MLA Daniel McCrossan, who said the court judgment was “not a victory”.

Mr McCrossan said: “Today’s ruling is a bitter disappointment for bereaved families and campaigners.

“But it must not be used as an excuse to shelve this project. The department and the Executive must urgently take whatever steps are necessary to address the legal issues and finally deliver this road.”

DUP MLA Deborah Erskine, who chairs the Stormont Infrastructure Committee, said: “What is most concerning now is the uncertainty this judgment creates – not just for grieving families and road safety campaigners, but also for local farmers, landowners and the wider community who have waited far too long for answers.

“For example, will the department now rescind vesting orders? People are asking the question what happens next?”

West Tyrone MP Orfhlaith Begley said: “Building the A5 will save lives, create jobs, and significantly reduce journey times between the north-west and Dublin.

“While today is another setback, Sinn Fein remains determined to see this road transformed.”