A5 appeal to be heard in December - Minister

THE appeal of a High Court judgement on the A5 project will be heard in December, the Infrastructure Minister has confirmed.

The NI Executive's decision to proceed with the road was quashed by a judge on the basis that in its current form, the Department for Infrastructure's (DfI) plans did not comply with climate change targets.

The judicial review proceedings were brought forward by the Alternative A5 Alliance (AA5A), a group of residents, landowners and farmers, who are opposed to the new road contending it would breach legislative targets to achieve net-zero greenhouse gas emissions by 2050.

Judge McAlinden's decision on June 23 is the latest in a series of setbacks for the road on which more than 50 people have died since 2006.

First announced in 2007, the 58-mile (94km) £1.7bn project was given the green light by Stormont ministers in October last year, but its delivery has been beset by delays, including issues over funding and previous legal challenges.

Infrastructure Minister Liz Kimmins confirmed last month that she intended to appeal the ruling, and on Monday, she confirmed the timetable for the hearing during ministerial question time in the Assembly.

She had been asked by her party colleague and West Tyrone Sinn Féin MLA., Declan McAleer, for an update on the appeal.

"It is no surprise that the outcome of the ruling was extremely disappointing - that is probably an understatement - not just for me and the department but for everyone involved, including the local representatives who have long supported the project," Minister Kimmins said.

"We lodged the appeal, which is now due to be heard in December. That is necessary in order to resolve the important points of law that will affect all the concerned parties.

"While my immediate priority is the preparation of the most robust appeal that we can submit, as I have said previously, my ultimate aim remains the delivery of the A5.

"I am fully committed to doing all that I can to ensure that we get to that point as quickly as possible.

"At present, we are working through the appeal and the legal case, and it would be remiss of me to say more than that at this stage."

Mr McAleer also asked the Minister: "Given the huge importance of the project for the North-West of Ireland, for no one more than the families who have tragically lost loved ones along the route, will the Minister agree that it is important that we all work together to make sure that the scheme comes to fruition?"

Liz Kimmins replied: "Absolutely. We all want to see the same thing and get there as quickly as possible.

"Any more time without the new road means a risk of more lives being lost.

"The judge said that lives would be lost if we did not get the scheme delivered as soon as possible.

"I have engaged with groups such as the Enough is Enough campaign and have worked closely with representatives from the area, because I recognise that, if we work collaboratively, we can achieve exactly what we want to achieve."

Welcoming the Minister's comments, Mr McAleer said: "I welcome the Minister’s firm commitment to the A5 project and her determination to see this vital scheme delivered as quickly as possible.

"The Minister clearly recognises the importance of the A5 not only for the North-West’s economic development, but crucially for road safety.

“As I highlighted in the Assembly, no one feels the urgency of this project more than the families who have tragically lost loved ones along the current route.

"The Minister's engagement with campaign groups such as Enough is Enough is encouraging and reflects a shared determination to prevent further loss of life."

He said the planned appeal hearing in December "is a crucial step", adding: "It’s essential that all political representatives and stakeholders continue to work together to ensure the project progresses without further delay.

''The application by the Agriculture Minister for an intervention to support the A5 appeal is also a welcome step.

“The A5 has been talked about for far too long but now it’s time for delivery.

''The project remains a strategic priority for Sinn Féin and we are committed to seeing this vital piece of infrastructure built.

"We will continue to work closely with the Minister, local communities, and all relevant parties to help bring the project to fruition.''

Also responding to the Minister's remarks, West Tyrone SDLP MLA., Daniel McCrossan, said she must ensure there is no repeat of June's court ruling that halted the long-delayed road upgrade.

“For months I have been pressing the Minister to update the public on the status of the A5 appeal," he said.

"For many people living in this area, and those who travel the A5 every day, this is their most important issue.

"There has been huge frustration at the lack of clarity and the silence from the Minister and her department.

“I welcome confirmation that the appeal will go ahead in December, and I also welcome the AERA Minister's commitment to intervene in this case.

"The Infrastructure Minister must now act to ensure there is no repeat of past failures."

He added: "People in this community have had their hopes raised and dashed far too many times.

"Bereaved families have shown outstanding strength and bravery, and the Enough is Enough campaign has worked tirelessly for progress.

"The stakes are simply too high for another setback - this time, the Minister must deliver.”