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Minister defends department’s role in A5 legal controversy

THE Minister for Infrastructure has defended her department’s role in the legal process which eventually led to the quashing of approval for the A5 dual carriageway earlier this year.

Liz Kimmins was responding to a written question from West Tyrone SDLP MLA, Daniel McCrossan. He had asked for detail of the steps being taken to ensure that there is no repeat of the ‘legal errors’ that resulted in the decision of Mr Justice McAlinden in the High Court in Belfast.

An appeal against that decision is expected to be heard in December. But ahead of that, Liz Kimmins, has said the Department has worked closely with legal representatives to ensure that points raised in the 100-page judgement are addressed.

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She added that the appeal was necessary to ‘get the road built and save lives’. A total of 57 people have been killed on the A5 since the upgrading to dual carriageway status was first made 18 years ago.

“I must point out that my Department worked extremely closely over recent years with very experienced Senior and Junior Counsel, and in particular during the extensive development of my Department’s detailed response to the PAC recommendations,” she said.

“In fact, in the most recent case, the Senior Counsel who advised my predecessor is now a High Court judge.

“Their advice was followed diligently at all times by my officials.

“The barristers also worked hand-in-hand with my officials in preparing the voluminous and complex documentation which was laid in front of both my predecessor and the Executive for consideration in taking the Decision to Proceed with the scheme in October 2024.

“While my immediate priority remains the preparation of a robust appeal, the ultimate aim is to ensure the delivery of this flagship project and I am determined to do all that I can to ensure that happens so that no more lives are lost.”

Extensive preparatory work has already taken place along the proposed route of the road through West Tyrone.

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