A5 ruling reverberates through Stormont and beyond
The Judicial Review court in Belfast's Royal Courts of Justice was stiflingly warm for the judgement.
The irony was not lost on those who had crammed into it to hear whether Northern Ireland's single biggest infrastructure project complied with Stormont's new climate change legislation.
The courtroom windows do not open.
They are bullet and blast proof - a throwback to the days of the Troubles. There was no choice but to tough it out during the two-and-a-half hour proceedings.
At the heart of the case was the planned upgrade of the A5 - a road that has become synonymous with death and serious injury.
It runs from the Co Monaghan border at Aughnacloy to Co Derry and is an important link to the wider northwest and Donegal.
The plan is to build a new dual carriageway along the entire 85km route at the eye-watering cost of £2.1 billion (€2.4bn).
It is a flagship project of the Stormont Executive and has the support of the Government, which has promised €600 million.
It is a staged development, so the section which had been advanced and was being challenged in the courts was a 55km section linking Strabane and Ballygawley.
The bill for that section currently sits at £1.2bn.
It may be a key infrastructure project, but it has been hanging around for a very long time. It was first proposed in 2007.
Since then, more than 50 people have been killed along the road, and hundreds more injured, as the project became embroiled in a series of legal battles.
Three times now, landowners have successfully gone to court to thwart the project.
They are opposed to the impact on farms and homes and say the existing road could be improved rather than building a new one.
The land vested runs to more than 3,000 acres and affects more than 300 farms.
Stormont's Infrastructure Department has been its own worst enemy in failing to progress the scheme.
Northern Ireland's Planning Appeals Commission, which held a public inquiry into the A5 development, has pointed out the "unforced errors" the department made over the years.
They include failing to carry out proper environmental assessments, taking decisions it did not have the power to take and ignoring its own flood risk experts' advice.
All handed ammunition to those challenging the scheme in the courts.
So, there was a lot at stake in the judicial review court last Monday as Mr Justice McAlinden walked in to deliver his 100-page judgement, including to Sinn Féin Infrastructure Minister Liz Kimmins, who had turned up in person.
There had been a huge public campaign to deliver the project this time.
At the heart of it were the families of those who had lost loved ones along the route.
The GAA in Co Tyrone had mounted an effective media strategy to put them front and centre in the debate.
The relatives had attended the hearings several times, requiring the case to be moved to a larger courtroom to accommodate them.
But none of them turned up on Monday, an indication perhaps of uneasiness about the outcome.
As it turns out, it was well placed.
Mr Justice McAlinden had a lengthy written judgement. At the outset, he made a copy available to the legal teams and provided one copy to the media.
As he began to read it people in the court approached journalists for an indication of the outcome.
For the backers of the A5, it was bad news. It had gone against them. The judge had ruled in favour of the landowners.
Mr Justice McAlinden knew what this meant, saying: "It is likely that delays in the progress of this scheme will coincide with the occurrence of further loss of life and serious injury on the existing road.
"However, the decision to proceed with the scheme must be taken in accordance with the law and the principle of the rule of law cannot be subverted, even if the motivation for doing so is to achieve what is deemed to constitute a clear societal benefit."
The law which could not be subverted was Stormont's Climate Change Act of 2022 and in particular, section 52.
It puts an onus on Stormont departments to act in such a way that ensures Northern Ireland meets its emissions targets and carbon budgets on the way to the legislation's goal of net zero by 2050.
Mr Justice McAlinden said he had seen insufficient evidence that the building and operation of the new A5 fitted with this legal requirement, especially as Northern Ireland already looked to be on course to breach its interim targets.
This rendered the Infrastructure Department's decision to embark on the A5 upgrade "non-compliant" with its obligations under the Climate Act.
"Rather than basing its decision on evidence … it based its decision on the aspirational assumption that as the executive regarded this as a priority project, accommodation would be made to ensure that the (department) could proceed with the project and at the same time the Climate Act targets would be achieved and the budgetary allowances would not be exceeded," the judgement said.
It was a crushing section of the judgement.
Earlier, Mr Justice McAlinden had referred to this approach by the department as the "alright on the night" approach, a reference to a 1970s TV blooper show.
It was all quite embarrassing.
Minister Kimmins left the court, pausing only to issue a short statement to waiting camera crews and declining to take any questions.
She remained committed to building the A5, she said, something she doubled down on in the assembly later that day and again later in the week.
But the question remains, how?
Last year, it was revealed that £110m had already been spent on the A5. That bill will continue to rise.
With the orders to begin the work quashed by the court, land which has been vested will have to be returned to landowners and remedial work undertaken to restore it to its previous condition.
There are other costs too.
To the reputation of Stormont and its ability to progress big infrastructure projects.
To the northwest, which has suffered from historic underinvestment and was relying on this road to give the regional economy a major boost.
To politicians, especially nationalist ones, who promised the predominately nationalist electorate west of Lough Neagh a rebalancing of public investment there.
The judgement also lays down an important legal precedent - any big infrastructure project must now show it can jump the hurdle of compliance with the Climate Act.
People should not think this is just a northern issue. The decision of Belfast's High Court was raised in the Dáil this week.
Five councils, including Monaghan and Donegal County Council, sit on an A5/N2 cross-border committee, which was briefed by Minister Kimmins in the wake of the ruling.
Letterkenny Chamber of Commerce said the A5 was "central" to its regional development strategy.
And of course, there is €600m the Government has promised and which it said is still available to the project.
The judgement of the High Court was complex. It did contain a few crumbs of comfort for those in favour of the A5.
The judge said the "shortcomings and shortcuts" he had highlighted were capable of being "remedied".
Ms Kimmins told a Stormont Committee on Wednesday that the judgement is not "insurmountable".
One avenue proposed by the SDLP is an emergency amendment to the Climate Change Act so that it cannot delay measures that will protect human life.
Another option is to appeal the High Court judgement to Northern Ireland's Court of Appeal, something Ms Kimmins said remained a possibility.
The families of the bereaved said they had been "heartbroken" by the judgement, which some found "unbearable".
Mr Justice McAlinden also expressed his hope that there could be a resolution of the impasse so that "sooner or later" the list of names of those who had perished on the road would not be added to.
It is an aspiration with which many may agree.
But the experience of the A5 saga to date is that day may come later rather than sooner.
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RTÉ News
a day ago
- RTÉ News
A5 ruling reverberates through Stormont and beyond
The Judicial Review court in Belfast's Royal Courts of Justice was stiflingly warm for the judgement. The irony was not lost on those who had crammed into it to hear whether Northern Ireland's single biggest infrastructure project complied with Stormont's new climate change legislation. The courtroom windows do not open. They are bullet and blast proof - a throwback to the days of the Troubles. There was no choice but to tough it out during the two-and-a-half hour proceedings. At the heart of the case was the planned upgrade of the A5 - a road that has become synonymous with death and serious injury. It runs from the Co Monaghan border at Aughnacloy to Co Derry and is an important link to the wider northwest and Donegal. The plan is to build a new dual carriageway along the entire 85km route at the eye-watering cost of £2.1 billion (€2.4bn). It is a flagship project of the Stormont Executive and has the support of the Government, which has promised €600 million. It is a staged development, so the section which had been advanced and was being challenged in the courts was a 55km section linking Strabane and Ballygawley. The bill for that section currently sits at £1.2bn. It may be a key infrastructure project, but it has been hanging around for a very long time. It was first proposed in 2007. Since then, more than 50 people have been killed along the road, and hundreds more injured, as the project became embroiled in a series of legal battles. Three times now, landowners have successfully gone to court to thwart the project. They are opposed to the impact on farms and homes and say the existing road could be improved rather than building a new one. The land vested runs to more than 3,000 acres and affects more than 300 farms. Stormont's Infrastructure Department has been its own worst enemy in failing to progress the scheme. Northern Ireland's Planning Appeals Commission, which held a public inquiry into the A5 development, has pointed out the "unforced errors" the department made over the years. They include failing to carry out proper environmental assessments, taking decisions it did not have the power to take and ignoring its own flood risk experts' advice. All handed ammunition to those challenging the scheme in the courts. So, there was a lot at stake in the judicial review court last Monday as Mr Justice McAlinden walked in to deliver his 100-page judgement, including to Sinn Féin Infrastructure Minister Liz Kimmins, who had turned up in person. There had been a huge public campaign to deliver the project this time. At the heart of it were the families of those who had lost loved ones along the route. The GAA in Co Tyrone had mounted an effective media strategy to put them front and centre in the debate. The relatives had attended the hearings several times, requiring the case to be moved to a larger courtroom to accommodate them. But none of them turned up on Monday, an indication perhaps of uneasiness about the outcome. As it turns out, it was well placed. Mr Justice McAlinden had a lengthy written judgement. At the outset, he made a copy available to the legal teams and provided one copy to the media. As he began to read it people in the court approached journalists for an indication of the outcome. For the backers of the A5, it was bad news. It had gone against them. The judge had ruled in favour of the landowners. Mr Justice McAlinden knew what this meant, saying: "It is likely that delays in the progress of this scheme will coincide with the occurrence of further loss of life and serious injury on the existing road. "However, the decision to proceed with the scheme must be taken in accordance with the law and the principle of the rule of law cannot be subverted, even if the motivation for doing so is to achieve what is deemed to constitute a clear societal benefit." The law which could not be subverted was Stormont's Climate Change Act of 2022 and in particular, section 52. It puts an onus on Stormont departments to act in such a way that ensures Northern Ireland meets its emissions targets and carbon budgets on the way to the legislation's goal of net zero by 2050. Mr Justice McAlinden said he had seen insufficient evidence that the building and operation of the new A5 fitted with this legal requirement, especially as Northern Ireland already looked to be on course to breach its interim targets. This rendered the Infrastructure Department's decision to embark on the A5 upgrade "non-compliant" with its obligations under the Climate Act. "Rather than basing its decision on evidence … it based its decision on the aspirational assumption that as the executive regarded this as a priority project, accommodation would be made to ensure that the (department) could proceed with the project and at the same time the Climate Act targets would be achieved and the budgetary allowances would not be exceeded," the judgement said. It was a crushing section of the judgement. Earlier, Mr Justice McAlinden had referred to this approach by the department as the "alright on the night" approach, a reference to a 1970s TV blooper show. It was all quite embarrassing. Minister Kimmins left the court, pausing only to issue a short statement to waiting camera crews and declining to take any questions. She remained committed to building the A5, she said, something she doubled down on in the assembly later that day and again later in the week. But the question remains, how? Last year, it was revealed that £110m had already been spent on the A5. That bill will continue to rise. With the orders to begin the work quashed by the court, land which has been vested will have to be returned to landowners and remedial work undertaken to restore it to its previous condition. There are other costs too. To the reputation of Stormont and its ability to progress big infrastructure projects. To the northwest, which has suffered from historic underinvestment and was relying on this road to give the regional economy a major boost. To politicians, especially nationalist ones, who promised the predominately nationalist electorate west of Lough Neagh a rebalancing of public investment there. The judgement also lays down an important legal precedent - any big infrastructure project must now show it can jump the hurdle of compliance with the Climate Act. People should not think this is just a northern issue. The decision of Belfast's High Court was raised in the Dáil this week. Five councils, including Monaghan and Donegal County Council, sit on an A5/N2 cross-border committee, which was briefed by Minister Kimmins in the wake of the ruling. Letterkenny Chamber of Commerce said the A5 was "central" to its regional development strategy. And of course, there is €600m the Government has promised and which it said is still available to the project. The judgement of the High Court was complex. It did contain a few crumbs of comfort for those in favour of the A5. The judge said the "shortcomings and shortcuts" he had highlighted were capable of being "remedied". Ms Kimmins told a Stormont Committee on Wednesday that the judgement is not "insurmountable". One avenue proposed by the SDLP is an emergency amendment to the Climate Change Act so that it cannot delay measures that will protect human life. Another option is to appeal the High Court judgement to Northern Ireland's Court of Appeal, something Ms Kimmins said remained a possibility. The families of the bereaved said they had been "heartbroken" by the judgement, which some found "unbearable". Mr Justice McAlinden also expressed his hope that there could be a resolution of the impasse so that "sooner or later" the list of names of those who had perished on the road would not be added to. It is an aspiration with which many may agree. But the experience of the A5 saga to date is that day may come later rather than sooner.
Irish Times
a day ago
- Irish Times
‘People don't care that much': Frustrated sighs audible as students asked the ‘British or Irish' question
The students of Northern Ireland 's first integrated school, Lagan College in Belfast , visibly shudder when faced with a question about identity late in a conversation about the future they seek. 'How many of you would describe yourselves as Irish, and how many would describe yourselves as British?' they are asked. The sighs of frustration roll forward from the back of the P13 AS Government & Politics class. 'We get annoyed at the question because it's quite stereotypical. I would consider myself Irish, but I wouldn't exactly take issue with anybody else saying otherwise,' one student says. READ MORE 'Slowly over time, especially among our generation, it's becoming less of a problem. People don't care that much. It depends on your background, but most don't really care where you're from, don't really care what your identity is,' says another. Contrary to the image offered by this month's anti-immigration riots in Ballymena and elsewhere, the question, however, highlights changing attitudes among swathes of Northern Ireland's youth. For them, if not for everyone, identities of all kinds are fluid, important enough to be respected, or not important enough to fight over, even if many come from still-segregated communities. Facing often vicious opposition, Lagan was set up in September 1981 during some of the darkest days of the Troubles by Catholic and Protestant parents, who wanted their children to learn together. A total of 28 children came on the first day – 14 Catholic, 14 Protestant. Today, Lagan has grown to 1,460 pupils, with 200 new arrivals each year on a campus beside Gregagh Glen – one of 71 integrated schools in Northern Ireland. It's a warts-and-all approach, we don't stifle debate within the classroom. Everybody has an opinion, and they're all entitled to it, as long as they express it respectfully — Fergal McGuckin On a Tuesday afternoon, the P13 class and their teacher, Fergal McGuckin, interrupt class to talk about the lessons students have learned from going to Lagan, and their lives outside. Student Cillian Connolly has no doubts about the benefits. 'I have friends here from obviously Protestant backgrounds, from Catholic backgrounds, and Muslim backgrounds and everything else. 'In our group, no one would even know what you are, or care. I've been here for four years and I didn't even know if my mates were Protestant or Catholic half of the time,' he tells The Irish Times. Lagan College history teacher, Fergal McGuckin However, Northern Ireland's changing face is evident elsewhere, too, he asserts, citing the belief of friends in denominational schools who often, nevertheless, think that their own school is integrated. 'They'll say, 'There's loads of Catholics in our school.' So, they think it is integrated because of the numbers of other faiths, even though it isn't integrated, as such. That's kind of good, really, that they would think like that, it's unofficial integration.' Outside the classroom, however, students are still often badged by their first, or second names, or where they live: 'Sometimes, someone will say, 'Oh, you can just tell you're a Catholic,'' he says. Later generations will find the debate about integrated education puzzling, he believes. 'Our grandkids will look back and think, 'Wait, there were Catholic schools and Protestant schools? That's so odd.' Lagan College, Belfast, was set up in September 1981 during some of the darkest days of the Troubles. Photograph: Liam McBurney/PA Wire 'It's like us looking back and thinking that it was completely mad that there were separate toilets for black and white people in the United States. They'll think that it was all completely mad,' he says. Just eight per cent of Northern Ireland's students go to integrated schools, even though, depending on the poll, nearly 80 per cent of parents say that they want more such schools. 'However, none of the 8 per cent of places that we have were established by the government, or by government planning,' says Paul Caskey, chief executive of the Integrated Education Fund charity. The Irish language is studied by all first-year Lagan students. Dubbed 'enrichment Irish', it shows where it 'has come from and (explains) the significance it has, in place names, etc', says principal, Amanda McNamee. Sixteen years in post, principal of Lagan Colllege, Amanda McNamee. Photograph: Liam McBurney/PA Wire The numbers studying fall away in later years, she says: between six and 12 students take GCSE Irish examinations, while an A-Level option was dropped because it did not have enough demand. Students usually study three A-level subjects, so choices must narrow: 'And it is a difficult language, and I say that as an English teacher; it's not easy,' McNamee says. However, the first-year experience leaves its mark: 'The children love the songs, the cultural side. Some, though, find it difficult to pick up – from all different ability levels,' she says. Most of the P13 students are interested in some political issues, but have little interest in politicians – and very little, it has to be said, in the workings of the Stormont Assembly and Executive. Connolly's classmate, Francesca Keenan, voices an unhappiness shared by others: 'They're not really helping the majority of ordinary people. Even though they seem to have differing ideas of what should go on, they're really serving their own interests.' For the last 16 years, the English-accented Amanda McNamee, born in England to Irish parents, has led the school in a career honoured by an MBE from Queen Elizabeth, one that began in Omagh before the Real IRA bombing . [ End of segregation in Northern Ireland is a long way off, report finds Opens in new window ] Shortly after 3pm on August 15th, 1998, McNamee, then newly married, was preparing with her husband to pick up a new kitchen in a shop near the courthouse in the bustling Co Tyrone town. Nearing Omagh, she changed her mind: 'We'd been out the night before. I said to Adrian, 'Oh, we're tired and jaded. Let's go home,'' she says. A few minutes later, the bomb exploded, killing 29. Life's journey can be decided by a turn of the wheel. Today, McNamee's passion for the social value of integrated education, fuelled by her time in Drumragh Integrated College in Omagh, is evident. Lagan has a clear code based on the Christian principles of equality, service, reconciliation and respect, she says, 'where everyone is expected to be exposed to, and to respect, the beliefs of others'. Students gathered to consider the legacies of the queen and Pope Francis when they died 'because for many people in our school they were important parts of their lives' she says. 'If it's important to some of us, it needs to be respected by all of us, so it's not that someone can opt out of such an assembly because they don't recognise the queen, or the Pope – they can't,' she says. Years ago, Lagan students' uniforms marked them out, though such problems have faded. However, students coming from still-divided communities are often regarded locally as 'different'. 'Sometimes, you'll hear other people say things that you just haven't been exposed to here, because it's so normalised for me to be with people of other religions and stuff,' says one student. Coming to Lagan was 'like night and day' compared to elsewhere, another student says, 'the way people treat one another, attitudes to language and stuff, you get none of that hate'. Lagan's students are well versed in the Troubles throughout their school years, says McGuckin, right up to the end: 'So, they're probably sick of it by then. 'It's a warts-and-all approach, we don't stifle debate within the classroom. Everybody has an opinion, and they're all entitled to it, as long as they express it respectfully.' 'Students learn to be comfortable in their own skin, about being a nationalist or a unionist, or whatever.' The bonds made in Lagan last. 'Friendships made here endure. It's like a badge of honour,' he says.
Irish Post
4 days ago
- Irish Post
Omagh bombing victims demand full accountability
NEARLY 27 years after the deadliest attack of the Troubles, victims and survivors of the Omagh bombing are demanding more than condolences and symbolic gestures. They want the full truth - and they believe that can only be achieved through meaningful cooperation from both the British and Irish governments. The Omagh bombing on August 15, 1998, carried out by the Real IRA, killed 29 people, including a pregnant woman expecting twins. It happened shortly after the signing of the Good Friday Agreement, shocking both sides of the Irish border. Despite civil actions in 2009 that found four men liable, no one has ever been criminally convicted for the attack. Today, an ongoing public inquiry that began in january, chaired by Lord Turnbull is investigating whether the bombing could have been prevented. While the inquiry primarily focuses on the actions of British authorities, victims' families have expressed deep frustration with the perceived lack of genuine cooperation from the Irish government. Barrister Alan Kane KC, representing several families, did not mince words. Speaking during the inquiry's recent hearings, Kane said the victims are 'sick and tired of platitudes, false assurances and broken promises' from Dublin. The Republic of Ireland's failure to establish a parallel inquiry or to engage in what the families consider meaningful cooperation is a central point of contention. 'There is a moral, human and legal imperative for the Republic of Ireland to establish its own inquiry,' Kane said. 'The perpetrators of the bombing found cowardly refuge in the Republic, and there are serious concerns about intelligence failures on that side of the border.' A memorandum of understanding (MOU) signed earlier this year was supposed to allow the inquiry access to relevant materials held by Irish authorities. However, Kane described the MOU as 'wholly unsatisfactory' and 'redundant', criticising its clauses that allow the Irish government to unilaterally decide what is deemed relevant. The inquiry also heard troubling revelations about missing documents and alleged intelligence gaps. Counsel Hugh Southey KC highlighted concerns that intelligence-sharing between British and Irish security services was ineffective, noting that the Garda Síochána rarely provided actionable intelligence to preempt threats. He also raised the disturbing possibility that state informants were allowed to operate without oversight, possibly endangering public safety. Families have likened the current inquiry to inspecting only the engine of a vehicle when the whole car - including where the bomb was planted - is what's truly relevant. As one victim's representative put it: 'This inquiry can only examine the parts of the car made in the UK. It cannot examine the rest of the car where the terrorists sat or the boot area where the deadly bomb was hidden.' For many, this limitation underscores the need for a full, transparent parallel inquiry in the Republic of Ireland. Without it, they argue, the truth will remain incomplete and justice unfulfilled. Taoiseach Micheál Martin has defended his government's position, insisting that cooperation has been full and transparent. Speaking to RTÉ, he called accusations of bad faith 'not fair comment' and pointed to the MOU as proof of their willingness to collaborate. However, the families remain unconvinced. They see years of inaction and redacted documents as evidence of evasion, not engagement. 'There is reason to believe that intelligence was known by the Garda but not the RUC,' said Southey. 'Effective protection would have required cooperation across the border, and that simply didn't happen.' As the Omagh Bombing Inquiry continues, the families hope their long pursuit of truth and accountability will finally yield results.
