Debate contribution: A5: Delivery
Debate contribution by Mr John O'Dowd on .
- MLA
- Mr John O'Dowd
- Party at the time
- Sinn Féin
- Date
- 5 March 2024
- Type
- Debate contribution (made as a minister)
- Business
- Adjournment
- Heading
- A5: Delivery
- Assembly identifier
- Official Report component 4253011
Read the official Assembly record
Text
First, I thank Nicola Brogan MLA for instigating this debate on the delivery of the A5 dual carriageway. I have listened with interest to the comments and issues raised by Members, and it is clear that the delivery of the A5 project is of huge importance for Members, as it is for me as Minister for Infrastructure. I have made clear on many occasions my commitment to taking this project forward in accordance with the statutory procedures. As Members have pointed out, with over 50 fatalities along the existing A5 since 2006 — a staggering and depressing figure, I have to say — the dangers to the users of the current A5 are evident for all to see and have caused heartbreak in too many family homes. Clearly, a new dual carriageway can significantly reduce collisions through the physical separation of vehicles travelling in opposite directions; by facilitating safe overtaking for the entire 85-kilometre length of the new dual carriageway; by enabling vehicles to travel at a consistent and safe speed; by minimising manoeuvres at busy junctions and side roads; by separating those on strategic long-distance journeys from those on local trips; and by providing significant relief to the many towns, villages — Colm pointed out the impact on Aughnacloy — and hamlets along the existing road that will no longer have to endure the burden of constant heavy traffic volumes through the heart of their local communities and local facilities such as schools and shops that adjoin the existing road. An example, if one is needed, that has been mentioned by several Members is the provision of the dual carriageway on the adjoining A4 between Dungannon and Ballygawley. That notorious road had 37 fatalities in 10 years, and the new dual carriageway was opened in 2010. While every fatality is, of course, regrettable, there have been just two since the opening of the A4. I had a conversation recently with a farmer who lost land as a result of the A4 scheme. He told me that, at the time that the A4 was being proposed, he was deeply frustrated and, indeed, angry that he was going to lose land. I know the connection between farmers and their land. He also had a business that was severely disrupted as a result. He is now proud that he contributed to the safety features of the A4. He has since rebuilt his business, and he said to me, "John, tell anyone who has concerns to come and talk to me because I am proud to be able to say that I helped save people's lives on the A4". The A5 is a similar example. While improving road safety has always been, and remains, one of the key objectives of the new road, it is not the only one. The new dual carriageway is also of significant strategic importance to the north-west region and to our wider island, as several Members have pointed out, and will help to tackle regional imbalance and improve the economy, job prospects, prosperity and the connecting of communities. I share the frustrations expressed by Members about the length of time that it has taken to get this transformative project through the statutory processes. My Department and I must, nevertheless, follow due process and apply due diligence. As the House will be aware, the A5 dualling project is an Executive flagship project: its origins are in the St Andrews Agreement and it was agreed through the North/South Ministerial Council in 2007. As a project to deliver 85 kilometres of new dual carriageway between Newbuildings and the border at Aughnacloy, it is a significant and ambitious by any standards. It is the biggest roads project ever to be undertaken here. My Department must comply with the statutory procedures governing the construction, improvements and acquisition of land for trunk roads as contained in the Roads (NI) Order 1993. Members will know the history of the project. For the record, following the first public inquiry in 2011, the statutory orders to allow the A5 to proceed were made in 2012. Subsequently, however, they were challenged by the Alternative A5 Alliance, a group that was opposed to the new road from the outset. The challenge led to the quashing of the statutory orders in April 2013, and it was judged that the Department had not fully met its obligations under the habitats regulations. That unprecedented ruling set a new compliance benchmark for the development of all major infrastructure schemes from that point onwards. Lessons were learned from that ruling, and further development work to address the deficiencies followed, leading to the publication of a consultation on a new environmental statement and draft statutory orders in February 2016. With almost 1,000 representations made, a public inquiry was deemed necessary, and the second inquiry took place in the latter half of 2016. The Planning Appeals Commission's (PAC) report from the inquiry was received by the Department in May 2015, and it advised that the project should proceed. In the absence of a Minister, a formal decision to proceed was made in November 2017 by the then permanent secretary of the Department. The decision, if unchallenged, would have represented the completion of the statutory procedures and allowed the project to move to the construction phase. However, the decision was again legally challenged by the Alternative A5 Alliance in December 2017. Some 10 grounds of challenge were listed, including the powers for the permanent secretary to make the decision in the absence of a Minister. After careful consideration of the relevant Court of Appeal's decision made during 2018 in Buick, as well as the provisions of the NI (Executive Formation and Exercise of Functions) Act 2018, the legal advice that was provided to the departmental officials indicated a high likelihood that the permanent secretary's decision would be quashed. It was concluded that it was not therefore in the public interest to continue defending the legal challenge, and, consequently, the decision to proceed was quashed, taking effect from 16 November 2018. Essentially, the quashing of that decision took the project back to the February 2016 position, effectively knocking it back three years. Since November 2018, the Department has carried out work to enable a decision by a new Minister. It is a requirement when assessing environmental impacts that decisions must be based on up-to-date environmental information. With that in mind, updated environmental information in the form of an environmental statement addendum was published for consultation in March 2019. By necessity, that information continued to relate to the base data contained in the original environmental statement of 2016. It is important to note that, with the passage of time, new and updated environmental standards are being continuously introduced through legislation and other technical guidance, and that can present a risk of challenge. With 264 representations made to the 2019 consultation exercise, the Department concluded that a further public inquiry would be necessary, and the third inquiry took place over seven days in February and March 2020. In September 2020, my Department received an interim report from the PAC on its findings from the inquiry. It was not a final report, as would be the normal procedure. The report contained two key recommendations on the need for further assessments: on flood risks and scheme alternatives. The PAC recommended that the assessments be incorporated into further addenda to the environmental statement and made available for further public consultation. The PAC therefore adjourned the inquiry, indicating that it could be reconvened when the Department had taken those steps. In an interim departmental statement issued in March 2021, DFI accepted the recommendations relating to flood risks and route alternatives. That led to the publication of and consultation on a further environmental statement in March 2022 and the release of information for consultation in November 2022 and January 2023. The 2020 public inquiry was reconvened in May 2023 and concluded in early June. Members will be aware that many members of the public also attended, including grieving families. The Planning Appeals Commission, which administered the public inquiry, issued its final advisory report to the Department on 31 October 2023. I have been fully briefed on the current progress and the advisory recommendations of the PAC. Work remains ongoing in considering those recommendations, and I hope to be able to make an announcement on the project in the coming months. In response to Mrs Erskine's comments, when I make my announcement, I will publish the PAC report at the same time. When I make my announcement on the Executive flagship project, I will do so in accordance with the relevant statutory procedures and on the basis of all the evidence, representations and advice that I have received from my officials; statutory agencies, North and South; members of the public; and other bodies that have participated in the process to date. Subject to the completion of all necessary statutory processes and environmental assessments, as I have outlined, the construction of the project could begin later this year. However, major projects such as the A5 are inherently complex and can be vulnerable to legal challenge. I appeal to the people who were behind the previous legal challenges to think carefully about their actions, to think about the greater good of our society as a whole and to think of our communities and future generations in getting a safe road in place that serves the needs of all road users. I thank Nicola for bringing forward this Adjournment topic. I also note and welcome the support of all Members who have spoken for the construction of the A5. I assure Members of my commitment, and that of my Department, to progress the project in accordance with the statutory procedures as far as possible to reach a decision within the shortest time frame that is reasonably possible. I also commend those grieving families who have made their voice heard in relation to the A5. Despite their grief, they have championed the cause of improved road safety for all users of the A5.
1,673 words. Text as published by the Northern Ireland Assembly.
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