Latest news with #A5Upgrade
Irish Times
05-07-2025
- Business
- Irish Times
Appeal for prevention of more A5 road deaths following court order quashing upgrade
A man whose father was killed in a crash on the A5 in Northern Ireland has warned more people will lose their lives on the road because of a court ruling that has quashed its upgrade. On Monday Mr Justice McAlinden at the Belfast High Court said he was aware his ruling would bring 'fresh anguish' to bereaved families, but the proposed scheme breached elements of the Climate Change Act 2022. 'My appeal is to the minister, infrastructure officials in the department, to get this [upgrade] over the line, get the evidence that the judge has said is required delivered at pace and get moving on this,' Stephen Kelly, whose father, Terry, was killed on the road in 1995, said afterwards. 'Pull everybody together first thing and get working, because in the time it's going to take between now and whenever this project comes forward again, more people are going to lose their lives, and that is completely unacceptable.' READ MORE Mr Kelly, who is chief executive of Manufacturing NI , also said the A5 was a 'critically vital piece of economic infrastructure' for the west, and was needed 'from an economic, a political and a familial point of view'. In a statement following Monday's ruling, the North's minister for infrastructure, Liz Kimmins, said it was a 'disappointing day' and re-emphasised her commitment to the A5 upgrade. She saidshe would 'take time to carefully consider the judgment in full, including any implications for the scheme, and the department's next steps'. The upgrade of the A5, which runs from Derry to the Border at Aughnacloy, Co Tyrone and connects the northwest to Dublin, was first announced in 2007 but has been mired in delays and legal challenges. In that time more than 50 people have lost their lives on the road. The £1.2 billion (€1.4 billion) scheme was approved in October but judicial review proceedings were brought against the Department for Infrastructure by nine applicants including residents, farmers and landowners. The judge acknowledged it was 'likely that delays in the progression of this scheme will coincide with the occurrence of further loss of life and serious injury on the existing road' but he said the decision to proceed 'must be taken in accordance with the law'. Mr Kelly's father Terry, 45, was on his way home to Derry from his construction job in Omagh when he died in a collision 'on that bad corner in Bready', Co Tyrone. 'My father was just a normal working man in the construction industry, he left to go to work early in the morning of 31st August 1995 and he never returned home.' His son was 24. 'I'll never forget,' Mr Kelly said. 'This young police officer had to come to my family home, where I answered the door. 'He was visibly upset and stressed, and I was taken away in the police car to go down to Altnagelvin [Hospital] and identify his body. That's an experience that will always live with you. 'That corner has been slightly improved since then but there's been next to no improvement on that road in the 30 years since he lost his life.' Niall McKenna, chairman of the A5 Enough is Enough campaign group, also warned it was 'inevitable ... that delay will cause deaths'. He said the judge's decision had caused more 'anguish' to bereaved families who could not understand why, 'when there's a scheme there, and the vast majority of people want it, the money's there to build it, why can it not go ahead?' 'What is wrong with our legal system? What is the dysfunctionality of our system, a lot of our systems, that cannot deliver things that are for huge societal benefit?' he said. Additional reporting – PA.
BBC News
02-07-2025
- Automotive
- BBC News
A5: Bereaved daughter 'relieved' over A5 road appeal
The daughter of a woman who died after being hit by a car on the A5 has said she is relieved an appeal is being considered after a court blocked an upgrade of the road. Angela O'Neill's elderly mother Kathleen McGarvey was among more than 50 people who died as a result of collisions on A5 since week, a judge ruled in favour of a group of landowners who object to the new A5 route which will run through a number of family farms and private property. But on Tuesday, Stormont's Infrastructure Minister Liz Kimmins said looking at "pursuing" an appeal into the ruling. "This is absolutely what needs to happen," Ms O'Neill told the BBC's Good Morning Ulster programme. "There will likely be delays but hopefully there still will be some light at the end of the tunnel for this road."The A5 is the Northern Ireland part of the major arterial route that connects the north-west of the island - Donegal and Londonderry - to runs through towns including Strabane, Omagh and Aughnacloy. Ms O'Neill is among campaigners who want a major upgrade to proceed to improve safety on what is considered one of Northern Ireland's most dangerous roads. Her 72-year-old mother died in January 2018, two weeks after sustaining serious injuries on the A5. Ms McGarvey had been crossing the road to go to Mass at St Matthew's Church in Garvaghy, County Tyrone, when she was hit by a car. The last phonecall the pensioner made to her daughter before the collision was to offer to babysit for her, which Ms O'Neill previously said was "typical of her nature".Long read: A5 crossroadsHaving lost her mother on the A5, she continues to worry about the safety of the rest of her family who still have to use the existing route. She told the programme the upgrade "was initially meant to have started in 2006 when my son was born - he's now 19 years of age"."He drives up and down that road several times a week to Garvaghy for his football training. "He is the third member of his team to have lost a close family member on that road." Why did the court rule against the new A5? Last Monday, High Court judge Mr Justice McAlinden ruled the A5 project should not go ahead in its current form, saying the Department for Infrastructure's plans did not comply with climate change his 97-page judgement, he ruled there had been an "inadequacy of information for the purpose of lawful decision making"."There is no specific mention of the proposed new road or its potential impact on climate change objectives and yet it would appear that overall, Northern Ireland may have difficulty staying within the first carbon budget that has now been set."The case was brought by the Alternative A5 Alliance - a group of residents, farmers and landowners who face their property being vested to make way for the new McAlinden's judgement said the project would necessitate the demolition of three homes and temporarily affect direct access to more than 130 said the Department for Infrastructure did not make any reference to the human rights issues that had been raised by the Planning Appeals Commission. "I feel that the sentiments from Justice McAlinden are that he would like this road to go ahead, but the Department of Infrastructure have to do their homework and he has to follow the law," Ms O'Neill said. "He said there was a lack of detail about how this project will satisfy the greenhouse gas emission targets."So they need to go back and review the Climate Change Act and present that evidence."Ms O'Neill said Minister Kimmins and her Sinn Féin colleague, First Minister Michelle O'Neill both spoke passionately about their determination to proceed with the A5. But she added: "With all due respect, we've heard this narrative for almost 20 years now."The campaigner said the clash with climate change legislation was "really a problem of Stormont's own making" and responsibility for the future of the road was now in the Department of Infrastructure hands. 'Stuck behind a tractor on the A5' Karen McShane, a civil engineer and expert on infrastructure, told Good Morning Ulster the Department for Infrastructure has little choice other than to appeal."It's the biggest infrastructure project in Northern Ireland," she said. "If the minister doesn't appeal this decision, we're back to square one."What do you do? You then have to submit a new [planning] application and start the process all over again."Ms McShane said the department now needs to demonstrate to a court how the A5 plan will comply with the 2022 Climate Change suggested officials could do that by showing how the new road would improve the uptake of public transport. "Those services need to be a guaranteed journey," she explained. "Whats happening currently is they are stuck behind a tractor on the A5 and you can't run them to a proper timetable. "So having that road, with connected park-and-ride facilities, you can take cars off the road network and actually improve the carbon reduction."Asked if she thinks the A5 will ever be completed, Ms McShane said: "I do believe it will go ahead in my lifetime. "I'm not so sure the appeal will be successful, but we'll wait and see."
The Independent
24-06-2025
- Politics
- The Independent
Stormont Infrastructure Minister pressed over next steps after A5 setback
Northern Ireland's Infrastructure Minister has been pressed to urgently outline the next steps for the proposed upgrade of a road known as the most deadly in Ireland. The A5 project suffered a major knockback on Monday when the Stormont Executive's decision to proceed with the upgrade was quashed at the High Court in Belfast. Mr Justice McAlinden said the proposed scheme breached elements of the Climate Change Act 2022. There have been more than 50 deaths on the road, which links Londonderry with Aughnacloy in Co Tyrone, since 2006. Liz Kimmins appeared at the Assembly for an urgent question on the situation on Tuesday afternoon. She described to MLAs a 'hugely disappointing day' on Monday for her, as well as the families of those who have died on the road. She said it had been a 'very detailed judgment' that her and her officials will 'take time to carefully consider in full, including any implications for the scheme and the department's next steps'. 'It was the first legal test for the Climate Change Act and for the Climate Action Plan, something that every department will now have to deal with the outworkings of,' she told MLAs. 'It's deeply regrettable that we have received this decision as we continue to see so many lives lost on this road, deaths that cause so much pain to families and tear our communities apart. 'It is undoubtedly the most dangerous road in Ireland, so my priority remains the safety and wellbeing of all road users, and I am determined that we will deliver the A5. 'Building the road will save lives, will create jobs, and will significantly reduce journey times between the north west and Dublin. 'So despite this setback, I'm determined to find a way forward that sees this road built to ensure that we save lives, and every single day of delay risks more avoidable heartbreak, and as infrastructure minister, I'm determined to ensure that a new A5 is delivered.' Stormont Infrastructure Committee chairwoman Deborah Erskine put it to Ms Kimmins that the situation is an outworking of 'unrealistic and punitive climate targets'. 'Her party was joined by the SDLP and Alliance in imposing unrealistic and punitive climate targets despite the explicit warnings from the then agriculture and environment minister about the long-term impacts of those varied targets on other government departments, including the Department for Infrastructure,' the DUP MLA said. 'Will you now take responsibility for the real world impacts of virtue signalling that has led us to this point, and apologise for it and outline how you intend to solve this mess of which other parties and your party created here.' Ms Kimmins responded saying it was 'not the time for point scoring'. 'Across the world people are taking action in terms of climate change and our responsibilities to deal with that,' she said. 'I think in the context of what we are talking about here today, I think it's important to remember the families who are impacted by this decision. This is not a time for point scoring, this is a time about looking for solutions. That's what I'm committed to doing, and that's what I'm determined to do.' SDLP MLA Daniel McCrossan also criticised Ms Kimmins, contending she 'should have provided clarity on the immediate next steps for this life-saving project', instead of saying they will take time to consider the judgment in full. 'This is time she does not have, people's lives are at stake every day on the A5,' he said. 'The minister, her predecessor John O'Dowd, and the Department for Infrastructure must take responsibility for this latest delay. 'The SDLP Opposition has brought forward a proposal to amend the climate legislation to enable the A5 upgrade to proceed. 'We are willing to do whatever is necessary to make progress and get this road built. We now need to see the same urgency from the minister to deliver this project and save lives.'
BBC News
24-06-2025
- Politics
- BBC News
A5: Fair compensation needed for route landowners
The deputy president of the Ulster Farmers Union (UFU) has said farmers and landowners on the A5 route have been left in a state of uncertainty and must be compensated fairly. John McClenaghan said some landowners have not accepted any compensation although they have "not been able to use their land" since last October. On Monday a High Court judge ruled the construction of the new dual carriageway project should not go ahead in its current form, because the plans do not legally comply with Stormont's climate change urged officials to make "concerted efforts" to address issues so a safer road can be built. Infrastructure Minister Liz Kimmins said it was an "extremely disappointing day" but added she was not giving up on delivering a safer A5. More than 50 people have died on the A5 since 2006 and campaigners have called for the road to be road is the Northern Ireland part of the major arterial route that connects the north-west of the island - Donegal and Londonderry - to Dublin, via towns including Strabane, Omagh and dual carriageway scheme was first announced back in 2007, but has been beset by a number of delays. The State of Us: The A5 upgrade has been blocked… againJudge rules against the long-delayed A5 road project A5 ruling shows impact of Stormont climate change legislation The 58-mile (94km) £1.7bn project was given the green light by Stormont ministers in October last to BBC's Good Morning Ulster programme Mr McClenaghan said "land was taken away" from farmers last October and "they have not been able to use that level of compensation has not yet even been determined and farmers have been reluctant to accept offers which may have been made because they don't know what the final costs will be"."Our feeling is that if our farmers are to be displaced they should be fairly compensated," he added. "Twenty years this has been going on and the important thing is that the A5 is safer for all the people that use it". "We need to get on with improving the A5 road and we do not disagree with that."It's ridiculous how long it's been left," he said there are 330 farmers affected."This is there home where they've lived, there's an attachment on the land that goes passed any value or compensation amount and there are other farmers that want to get on with their business. 'Chilling' comments for victims' families Stephen Kelly's father Terry was killed instantly when the van he was a passenger in left the road at Bready, on the stretch of the A5 between Strabane and Kelly said he was disappointed by the decision, which he described as "the latest episode" in the "disaster" of trying to deliver a critical piece of said the judge's comment that the delay would cause more loss of life was "chilling"."The judge is trying to make clear there is a strong moral case for this to be done … but as a family member, to hear a member of the judiciary saying it's very likely more people are going to die as a result of his decision yesterday didn't go down very well with me certainly."Mr Kelly said the judge's request for the department to provide more information "did leave the door open" for the scheme to progress in the future, which was "one thing to take away". The Chair of Stormont's Infrastructure Committee, Deborah Erskine, said there were worries over how new road projects will be delivered."We are going to have to look at climate change legislation. It has huge implications for major road infrastructure projects across NI," she told Good Morning Ulster She added that there were "major questions" going forward for the Department of Infrastructure. "Why was land ripped up and made unrecognisable while a high court judgement was underway? And when will these farmers received this land back? "I've had farmers who've been chatting to me, very worried about those facts," she said. What happened in court? The High Court judgement blocking the upgrade of the A5 road - because the plans do not comply with government climate change targets - shows the reach and impact of Stormont's climate change legislation - but the judgement is clear that shortcomings in the project can be McAlinden urged officials to make "concerted efforts" to address them so a safer road can be built.A solicitor for the Alternative A5 Alliance campaign group, which brought the successful case, said his clients' efforts had been "vindicated" and it was an important day for the campaigners from the Enough is Enough group said they were disappointed with the decision but added the judgement provides a "roadmap" for how the upgrade could proceed. 'It's certainly not the end' Kieran Kennedy, chair of Strabane Business Improvement Districts group, said Monday's judgement was a shock."We in the north west depend on infrastructure to carry goods along the A5 is just a severe blow to business in Strabane and the north west in general," he told BBC Radio Foyle's North West Today programme."I think about the families who have lost loved ones. There are obviously going to be more families affected in the future by this judgement."Mr Kennedy said it is now time to "work to try and make sure we get everything lined up, to make sure this road can go ahead."He he it was a set back but "not the end".
Irish Times
23-06-2025
- Politics
- Irish Times
Upgrade of A5 road to Derry quashed by High Court in Belfast
A decision by Northern Ireland's Executive to proceed with the upgrade of the A5 road to Derry has been quashed at the High Court in Belfast. Mr Justice McAlinden told the court that he was aware his ruling would bring 'fresh anguish' to the families of those who lost loved ones on the road, but said the proposed scheme breached elements of the Climate Change Act 2022. The North's Infrastructure Minister Liz Kimmins was at the Royal Courts of Justice to hear the ruling on Monday. The Executive gave the green light for the long-awaited upgrade to the A5 in October. READ MORE However, judicial review proceedings were brought against the Department for Infrastructure by nine applicants, including residents, farmers and landowners opposed to the £1.2 billion (€1.4 billion) scheme. There have been more than 50 deaths on the A5, one of the North's main road arteries that links Derry with Aughnacloy in Co Tyrone, since 2006. The road connects the northwest – Donegal and Derry – to Dublin through regional towns including Strabane and Omagh. A scheme to turn the road into a dual carriageway was first approved by the Executive in 2007 but it has been held up by legal challenges and uncertainty over funding. This is the third time in 18 years that approval for the road's upgrade has been overturned in court. Many relatives and friends of people killed and injured on the road have long campaigned for a modernised road to improve public safety on the route. Justice McAlinden acknowledged in his judgment that it was 'likely that delays in the progression of this scheme will coincide with the occurrence of further loss of life and serious injury on the existing road'. But he added that 'the decision to proceed with the scheme must be taken in accordance with the law'. '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.' – Press Associatio n
