Summary

  • Judge rules against the long-delayed A5 road project going ahead in its current form, upholding a legal challenge taken by a group of landowners

  • It is the third time in 18 years approval for the road has been overturned in court

  • The judge said the plans breached Northern Ireland climate change targets and criticised "an inadequacy of information"

  • The 58-mile (94km) £1.7bn project had been given a fresh green light by Stormont ministers in October last year but a group of landowners brought a legal challenge

  • Infrastructure Minister Liz Kimmins said she was "not giving up" on delivering a safer A5 road while campaign group Enough is Enough said it was disappointing but that the judgement had "some positives"

  • Alternative A5 Alliance, who brought the legal challenge, said they had been vindicated by the ruling

  • More than 50 people have died on the A5 since 2006 and campaigners have long called for the road to be upgraded

  • The 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 Aughnacloy

  1. That's all from uspublished at 17:12 British Summer Time 23 June

    Ciaran McCauley
    BBC News NI

    We're wrapping up our live coverage of today's A5 court decision but there's plenty more this evening across BBC News NI.

    Evening Extra has all the reaction on Radio Ulster and BBC Sounds until 18:00 while BBC Newsline will be across all of today's events from 18:30.

    The State of Us podcast is also recording an episode on today's A5 latest that will be available on BBC Sounds from tomorrow and, in the meantime, all the latest will be covered on the BBC News NI website.

    Today's live page posts were written and edited by Eimear Flanagan, Catherine Doyle, Catherine Moore, Mike McBride, Daniel Logan, Jake Liggett, Conor Neeson and myself. Thanks for joining us.

  2. A5: What happened todaypublished at 17:09 British Summer Time 23 June

    Here's a round-up of all today's moves on the A5:

    • The judge said there was a lack of consultation and scrutiny of a new method for estimating greenhouse gas emissions, meaning there was inadequate information for "lawful decision making".

    • Safety campaigners from the Enough is Enough group said they were disappointed with the decision but added the judgement provides a "roapmap" for how the upgrade could proceed.

  3. "Complete disgrace" - people react in Aughnacloypublished at 17:03 British Summer Time 23 June

    A man in a green chequered shirt wears a green Gillet and camo hat. He stands on the pavement of a high street.

    BBC News NI's Chloe Gibson has been speaking to people on the streets of Aughnacloy, County Tyrone, which the A5 runs through just before it crosses the Irish border.

    Aidan (pictured above), from Sixmilecross who lost his cousin on the A5, says the ruling "was a complete disgrace".

    "I don't think much of the people that are trying to put it off, it's just unreal," he says.

    "They should just reverse the decision and build this road now."

    Fred, from Aughnacloy, says he uses the A5 quite often and that the decision is only going to cost more money.

    "The longer this goes on the more its going to cost, and people are going to have to pay more for it."

    He adds: "The road itself doesn't seem to be adequate for the amount of traffic.

    "I'd like to see it go ahead, we need to gather more support to get the job done."

  4. Kimmins - "something we will have to navigate our way through"published at 16:56 British Summer Time 23 June

    A woman in a white suit and balck and white striped top stands away from four microphones. She has long brown hair. Behind her is a grey haired man in a grey suit, pink shirt and pink tie.Image source, PA Media

    Infrastructure Minister Liz Kimmins says there will now be "a lot to consider in the aftermath" of today's court judgement.

    Speaking to Richard Morgan on Evening Extra, she adds: "It's a complex judgement and something we will have to navigate our way through, and about how we can move forward.

    "When we go through the judgment, then we will work out what are next steps are."

    In regards to appeasing the Climate Act 2022, the minister adds: "We must work very hard to overcome what Justice McAlinden has set out.

    "At this stage its too early to say if it's wrong or right.

    "I'm keen to continue to work with the groups and families involved to see the delivery of this road."

    You can here more of what the minister had to say after 17:00 BST on Radio Ulster and BBC Sounds.

  5. "Road needed not just for the economy, but for families"published at 16:53 British Summer Time 23 June

    For Stephen Kelly, today's court judgement is "another embarrassing episode" in Northern Ireland's inability to deliver critically important projects - and he has two reasons to be invested in the A5 issue, as the chief executive of Manufacturing NI and also as someone whose father died in a crash on the road almost 30 years ago.

    Kelly says "countless families" have had their lives destroyed because of the state of the A5.

    "This is a road that is needed not just from an economic perspective but a family perspective and the sooner we get it built the better."

    He adds that in terms of manufacturing, "there's billions of pounds of trade transacted annually" on the A5 and said that the Department for Infrastructure needs to get its act together.

    "I would hope the executive would rally together, the department would get the evidence that the judge is requiring over the line as soon as possible and we get back on track with this road."

  6. SDLP calls for emergency legislationpublished at 16:45 British Summer Time 23 June

    A red haired man with a sort red beard wears a blue suit jacket and white shirt, behind him, out-of-focus, is a cream brick building and a patch of green grass.Image source, PA Media

    Earlier we heard from the SDLP's Daniel McCrossan who claimed today's ruling was a "devastating outcome for the families and communities who have long campaigned for this life-saving infrastructure".

    The West Tyrone assembly member is now calling for the introduction of emergency legislation to amend the relevant section of 2022 Climate Change Act so that it "cannot be used to delay measures to protect human life".

    “Delay costs lives, and West Tyrone cannot afford to wait any longer," he says.

    "The new A5 is absolutely essential for public safety, and the minister must fight tooth and nail to deliver this."

  7. Judgement "unbearable for the community"published at 16:38 British Summer Time 23 June

    A woman is sitting at a table in an open-plan kitchen of a house. She is wearing a white and green top with a leaf pattern. It is sunny outside. In the background we can see a chair, a sofa and a kitchen.

    In an earlier post, before the court judgement, we highlighted the views of Angela O'Neill whose mum Kathleen was killed in a crash on the A5 - now, she says she is "lost for words at the decision".

    She tells Radio Ulster's Evening Extra that the ruling was “unbearable for the community and the people that use the road”.

    “It is Inevitable that there will be more deaths” she adds.

    She says she has “massive concerns” as her son uses the road most days to make his way to and from sports training.

    You can listen to her full interview on Evening Extra, external from 17:00.

  8. "A5 scheme dreamed up in era before climate emergency" - Green Partypublished at 16:30 British Summer Time 23 June

    The Green Party has welcomed today's court ruling and said Northern Ireland Executive ministers "need better ambition in 2025" than the A5 scheme.

    Its leader Mal O'Hara says there are ways to "address safety concerns and reduce fatalities and injuries, without a massive infrastructure spend on the A5 expansion".

    He adds the £1.7bn earmarked for the project could fund the Northern Ireland elements of the All-Island rail review "for almost six years", and criticised ministers for being "wedded to more roads and airports rather than more sustainable forms of transport".

    "This project has been stopped three times in 18 years," he says, adding that the project was "dreamed up in an era before we declared a climate emergency and passed the Climate Act".

  9. "Major set back to the economic environment" - Strabane BIDpublished at 16:21 British Summer Time 23 June

    Emma is looking away from the camera. She has curly hair and is wearing a stripped blouse. She's standing by a road.

    Emma McGill, from Strabane's Business Improvement District (BID), says her organisation is "immensely disappointed" at the decision.

    "Not only does it put further lives at risk but it's a major set back to the economic environment in the north west", she says.

    "It prolongs poor connectivity, stifles investment and stalls economic growth," she adds.

  10. "We need time to consider the detail" - Kimminspublished at 16:12 British Summer Time 23 June

    Kimmins is standing in the chamber. Other MLAs are sitting behind her. She wearing a black and white stiped dress.

    Infrastructure Minister Liz Kimmins has been back in the Stormont chamber talking about the A5 - not too long ago she faced questions from assembly members, including one from the DUP's Trevor Clarke.

    He says the judgement "ruled that your party (Sinn Féin) and others, in terms of their support for the climate change policy, has had a major impact".

    Clarke goes on to ask the minister how she believes the judgement will affect "your work going forward to try and improve road safety".

    Kimmins replies that it's been "a very disappointing day" and that she needs "time" to consider the detail of the ruling.

    She reiterates she's "committed" to getting the A5 scheme delivered.

  11. "We don't have a choice, everyone in school has to use this road" - principalpublished at 16:04 British Summer Time 23 June

    Chloe Gibson
    in Ballygawley for BBC News NI

    A man with thinning brown-grey hair and a black and white check shirt looks into the camera. He is standing outside a yellow building. It's an overcast day.

    St Malachy's Primary School Glencull is situated on the A5 just outside Ballygawley, County Tyrone - its principal said he is "greatly dissatisfied" at the court ruling and is urging Stormont to act fast to "get the job done".

    “Evidence is clearly stacked up that the road is needed," says Brian Gormley.

    “We don’t have a choice here - everyone in school, no matter if they want to go to the shop for a loaf of bread or to their place of worship, have to use the A5.

    "We’re being asked to step out onto this road knowing that it is not fit for purpose, there is an onus on all of us as individuals to ensure this road is delivered.

    He adds: “We’ve made our voices very loud and clear on this project that we feel it should go ahead. Swift action can be taken if there is a will amongst our politicians to get it done.”

  12. "I'm heartbroken over ruling" - bereaved motherpublished at 15:56 British Summer Time 23 June

    Two women stand in a kitchen. The one on the left has blond hair and is wearing a fushia formal dress. The one on the right is older and is wearing a dark jumper and has short blond hair.Image source, Marie O'Brien

    Like "a punch in the stomach" - that's how today's court ruling has left the mother whose daughter died in a crash on the A5.

    Caoimhe O'Brien (pictured above, left) was 23 when she was killed on the road between Derry and Strabane in October 2016.

    Her mother, Marie O'Brien (above, right), says she misses her daughter every minute of every single day and will not give up campaigning for the road to be upgraded.

    “I knew the announcement was going to be made today, but honestly, I didn’t expect this ruling. I thought it would finally get started,” she tells BBC Radio Foyle.

    “You don’t realise the devastation this news has on not just me, but all the families who have lost someone on that road.

    “How many more people are going to lose their lives on that road?

    “The road is not fit for purpose. It’s just such a dangerous road, and today is just really devastating.”

  13. A5: What's happened so far today?published at 15:40 British Summer Time 23 June

    Eimear Flanagan
    BBC News NI

    A red "reduce speed now" sign on the A5 in Northern Ireland. A van is driving along the road and there are trees and shrubs lining the route.

    A major upgrade to one of Northern Ireland's main roads has been thrown into doubt after a judge ruled in favour of a group of farmers, residents and landowners who challenged the legality of the project.

    The long-delayed A5 scheme, first announced 18 years ago, has now been knocked back three times by the courts - here is a snapshot of the latest twist in the road upgrade saga:

    • At the High Court in Belfast, Justice McAlinden ruled the construction should not go ahead in its current form because the plans do not comply with government climate change targets.

    • The judge said there was a lack of consultation and scrutiny of a new method for estimating greenhouse gas emissions, meaning there was inadequate information for "lawful decision making".

    • However, Justice McAlinden said the shortcomings identified are "capable of being remedied" and urged officials to make "concerted efforts" to address them 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.

    • 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 environment.

    • Safety campaigners from the Enough is Enough group said they were disappointed with the decision but added the judgement provides a "roapmap" for how the upgrade could proceed.

    • The DUP expressed concerns that the judgement on climate change targets could have "far-reaching implications for future infrastructure investment across Northern Ireland".
  14. Analysis: Nothing straightforward about court rulingpublished at 15:31 British Summer Time 23 June

    Niall McCracken
    BBC News NI Mid-Ulster reporter

    It’s fair to say the atmosphere in today’s judicial review court was tense and claustrophobic.

    Journalists, barristers, civil servants, ministers and campaigners all crammed in to what must be one of the smallest court rooms in Belfast’s Royal Courts of Justice.

    As the judge delivered his verdict, and a small number of copies were handed around the court, it was clear this was not going to be short or straightforward judgement.

    I, along with a number of other journalists, huddled around the one copy of the 100-page document that was handed out during proceedings.

    Afterwards there an was acknowledgment from all sides it will take days, if not weeks, for the full ramifications of the judgement to become clear.

  15. "Minister must fight tooth and nail for A5" - McCrossanpublished at 15:18 British Summer Time 23 June

    A group of campaigners are standing together holding banners.  Some state, enough is enough, while others state we've suffered enough.
    Image caption,

    SDLP West Tyrone MLA Daniel McCrossan (middle) says "no part of this road is safe"

    Daniel McCrossan (pictured above, centre), an SDLP assembly member for West Tyrone, says the ruling is a "devastating outcome for the families and communities who have long campaigned for this life-saving infrastructure".

    “No part of this road is safe; every single section has claimed lives," he adds.

    "Every day that passes without progress puts more people at risk. The new A5 is absolutely essential for public safety, and the minister must fight tooth and nail to deliver this."

  16. What does the A5 look like?published at 15:06 British Summer Time 23 June

    The A5 is more than 58 miles (94km) long and has more than 200 side roads connecting to it - its importance as is a major arterial route connecting Ireland's north west to Dublin via towns like Strabane, Omagh and Aughnacloy.

    However the road is single carriageway for most of its length, with overtaking lanes in some sections, and in many ways it's unchanged from the 1960s.

    Two years ago, BBC News NI travelled the length of the road with a dashcam - you can see what the A5 looks like with the time lapse video below.

    Media caption,

    A5 Crossroads: Ballygawley to Newtownstewart

  17. 'Urgent clarity needed' for big projects - Erskinepublished at 14:53 British Summer Time 23 June

    The issue of what happens next to major building projects, as per our last post from John Campbell, is something else DUP assembly member Deborah Erskine has concerns about.

    She says the A5 ruling raises "serious and potentially far-reaching implications for future infrastructure investment across Northern Ireland".

    The infrastructure committee chair adds that if climate change legislation is an obstacle for delivering major infrastructure schemes "then this will have to be looked at as a matter of priority".

    She calls for "urgent clarity from the department – both on the future of the A5 and on how it intends to strike the right balance between environmental responsibilities and the pressing need for safe, modern infrastructure".

  18. Analysis: What will today's ruling mean for big construction projects?published at 14:42 British Summer Time 23 June

    John Campbell
    BBC News NI economics and business editor

    The reach and impact of Stormont’s climate change legislation is now clear.

    The assembly passed the Climate Change Act in 2022, committing Northern Ireland to achieving net-zero greenhouse gas emissions by 2050.

    Up until now much of the controversy around the law has centred on what it means for agriculture, the biggest source of greenhouse gas emissions in Northern Ireland.

    The A5 ruling brings road building and other infrastructure projects centre stage.

    This judgement does not mean that no new roads can be built. It does mean that ministers will have to clear a higher bar to show that developments will comply with their climate change law.

    In 2023, the Welsh government decided to scrap all major road building projects over environmental concerns.

    There is no suggestion Stormont ministers will now take the same step, but this ruling may yet lead to policy travelling in a similar direction.

  19. "Will A5 vesting orders now be rescinded?" asks DUPpublished at 14:34 British Summer Time 23 June

    Deborah Erskine pictured outside Stormont last year.  She has shoulder-length brown hair and is wearing a bright green suit jacket over a ditsy floral print top or dress

    Democratic Unionist Party (DUP) assembly member Deborah Erskine (pictured) says the A5 ruling adds to uncertainty for campaigners on both sides of the dispute and has left people asking: "What happens next?"

    “Today’s ruling will come as a deep disappointment to many campaigners who have long supported the A5 scheme – particularly the families who have tragically lost loved ones on this road," she says.

    Ms Erskine, who chairs Stormont's Infrastructure Committee, says she has "consistently backed the need for this vital infrastructure project" but claimed the department's handling of the scheme was "deeply flawed".

    "What is most concerning now is the uncertainty this judgement 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?" she adds, referring to the mechanism by which the government takes ownership of land for constructing the road.

  20. A5 crash survivor upset by judgementpublished at 14:24 British Summer Time 23 June

    Keiron Tourish
    BBC News NI north west correspondent

    Jim Hunter has grey balding hair, he is wearing a black polo with red piping - there is a tyrone crest on his left chest and GAA on the right

    Jim Hunter, who almost lost his life in a crash on the A5 in the late seventies, says he is "really upset" about today's judgement.

    "That wouldn't even describe my feelings on it," he says.

    Mr Hunter says the stretch of road through Sion Mills is "the worst in the country", with potholes and a bad surface - and there are no speed cameras.

    "The police actually put a sheet over me as they thought I was dead," he adds.

    "So this road needs to be upgraded."