Belfast Court of Appeal overturns High Court ruling blocking A5 road upgrade

Mixed · 2The Court of Appeal in Belfast has quashed a High Court ruling that the delayed A5 road upgrade could not proceed in its current form, clearing the way for Northern Ireland's largest ever road project. 1 2 Mixed · 2The cost is given as €2 billion by the Irish Times and £1.7 billion by GB News; the Irish Times describes a 93km stretch between Derry and Aughnacloy, Co Tyrone, while GB News says 58 miles. 1 2 Left · 1The Department for Infrastructure approved the plans in 2024. In June last year a High Court judge, Judge McAlinden, ruled in favour of the Alternative A5 Alliance, a group of local residents and landowners, which claimed the upgrade would harm farmland and the environment. 1

Left · 1McAlinden found the scheme had not been shown to comply with the targets in the 2022 Climate Change Act, which requires Stormont departments to work towards net zero by 2050. He also found flaws in the consideration of human rights issues, because no time limit was imposed for construction, and in compliance with an Environmental Impact Assessment. He said further consultation was needed on estimating greenhouse gas emissions from induced traffic. 1 Left · 1Infrastructure Minister Liz Kimmins appealed, and Agriculture, Environment and Rural Affairs Minister Andrew Muir intervened in support. Their lawyers argued the High Court analysis was flawed. 1 Mixed · 2Siobhan Keegan, the Lady Chief Justice, delivered the judgment. She said net zero by 2050 is not a prohibition on authorising a new road assessed, as far as possible, as consistent with emission reduction obligations, and that the High Court judge's fundamental error was failing to consider how the decision fitted within climate targets across Northern Ireland as a whole. GB News reports the court overturned the earlier ruling on all grounds. 1 2

Right · 1Keegan also criticised the departments' conduct of the litigation, saying their approach was "unsatisfactory and caused delay" and that the explanation the court received did not satisfy it that full thought had been given to the case at the appropriate stages. 2 Left · 1The campaign group Enough is Enough, which represents families of people killed on the road, backed the appeal, arguing that rights to life and public safety must outrank any alleged breach of privacy. More than 50 people have been killed on the A5 since 2006, according to official figures. 1 Right · 1Outside court, the group's Niall McKenna said he felt pride but that it was "not a time for celebration", because families' loved ones were already gone. 2

Right · 1Taoiseach Micheál Martin welcomed the decision, saying the Irish Government supported the project and had guaranteed €600 million (£509 million) towards it, and that the road would bring road safety and economic benefits to the North-West. 2