Debate contribution: A5: Court of Appeal Judgement

Debate contribution by Ms Liz Kimmins on 6 October 2026.

MLA: Ms Liz Kimmins
Party at the time: Sinn Féin
Date: 6 October 2026
Type: Debate contribution (made as a minister)
Business: Ministerial Statement
Heading: A5: Court of Appeal Judgement
Assembly identifier: Official Report component 5777171

Text

I wish to update Members on the recent Court of Appeal judgement on the A5 western transport corridor. It will come as no surprise to Members that I am absolutely delighted with the court's judgement, which represents a significant milestone for this vital road safety and infrastructure project. I know that the outcome will come as a considerable relief to many people, particularly the families who, tragically, have lost loved ones on the existing A5 and campaigned tirelessly over many years for a safer road. They campaigned for it through unimaginable grief and loss, and they never gave up. My thoughts are primarily with them as we move into the delivery phase of this life-saving project. Today is their day. I will take time to consider the detail of the judgement. It does, however, provide important legal clarity and vindicates the Department's position throughout the case that it had complied with the requirements of the Climate Change Act 2022. It is a welcome outcome that provides the certainty that is needed not only for the A5 western transport corridor but for the delivery of major infrastructure projects across the North. I will continue to work with the DAERA and Executive colleagues to support infrastructure delivery while maintaining our climate ambitions. The need for the A5 has never been clearer. Fundamentally, the scheme is about improving road safety, saving lives, supporting economic growth and delivering a modern transport connection for communities across the north-west. My officials will work at pace to ensure that construction on that important strategic route can begin as soon as possible. That will involve completing the remaining checks and approvals, as well as agreeing costs with the current contractors. Members will appreciate that any party to the litigation may seek leave to appeal. The Department will respond appropriately to any such application and will continue to act in accordance with legal advice, due process and all statutory requirements.
I appeal to anyone who is considering further legal action to reflect carefully on the lives that are at risk on the existing A5 and the consequences of any further delay, and to refrain from taking action that could prevent that vital road safety project from moving forward. I also recognise that the judgement has significant implications for the landowners who are affected by the scheme. Many have experienced years of uncertainty as a result of the prolonged legal process. My officials will engage directly with the landowners to explain the implications of the judgement, provide updates on the anticipated next steps and ensure that they continue to receive clear and timely information as the project progresses. Over the coming weeks, I will continue to engage with my Executive colleagues, the Assembly's Infrastructure Committee, local representatives, contractors, supply chain partners and North/South stakeholders. The Department will also publish updated information and guidance to ensure that communities and stakeholders remain informed as matters progress. Today's decision marks a pivotal moment for the project and is a significant step towards its successful delivery. As I have consistently said, I remain fully committed to progressing the A5 as quickly as possible. Above all, the project is about saving lives. For too long, communities along the A5 have witnessed the devastating consequences of a road that falls short of the standard that people deserve. Too many families have suffered unimaginable loss, and too many have waited for far too long to see progress. While important legal and governance processes remain, the judgement brings us a significant step closer to delivering the safer, modern road network that people across the north-west need and deserve. I am determined that we will now build on the momentum, continue to progress the project responsibly and lawfully and do everything possible to bring forward a safer A5 for current and future generations.
I outlined the answers to some of those questions in my statement. Let me be very clear: moving ahead with the project is my top priority. We should have started work two years ago, and today the court vindicated that position. The Lady Chief Justice made it very clear that the decision was correct, that the Department had taken the right steps and that my predecessor, John O'Dowd, was correct in his decisions. We have lost two years, and we need to ensure that there are no further delays. The families are at the forefront of my mind, and I will ensure that we continue to move at pace. I have already instructed officials to get on with it because we need to get the road built.
As I said in my statement, officials will be in contact with the landowners at the earliest possible stage, and, for me, that is imminently. My understanding of the ruling is that the lands that were previously vested will return to the ownership of the Department.
Absolutely. When I came out of the courtroom today, the emotion from the families, the campaigners and everybody involved in the project was something that I will take with me for the rest of my life, because that is what it is all about. It encapsulates the importance of the A5. It is about saving lives. I know that this will not take away the grief of those families, and it will sadly not bring their loved ones back, but their determination, commitment, courage and efforts to ensure that we never gave up — I gave them the commitment that I would not give up — have led us to where we are today. Therefore, I absolutely commend them, and I hope that they can take some comfort that their efforts have not been in vain and that we will see the road built sooner rather than later.
While we still have to consider the judgement in full in greater detail, the Lady Chief Justice's analysis to the court today was very clear that that absolutely is the case: we can build major infrastructure projects while remaining within our statutory obligations under the Climate Change Act, which we reaffirmed at every stage. I thank the Member's colleague the AERA Minister for his work and that of his Department. Their collaboration helped us to get to this point. It shows very clearly that, as an Executive flagship project, it was known across the Executive from day 1 that it was something that we intended to pursue, because we know that it is in the greater public interest. It is a very important ruling not just for the A5 but for other infrastructure projects that may have been affected. Some have been delayed as a result. My priority is to keep moving forward and keep making progress, and let us deliver for people.
As the Member may be aware, in the legislation, it remains under November 2024 values. That is not within my remit to change. However, every case will be looked at on its own merits, and my officials will engage with those landowners in the time ahead.

1,164 words. Text as published by the Northern Ireland Assembly.

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