Andrew Muir to back Stormont colleague’s appeal against halting of A5 road upgrade

Ms Kimmins, the Infrastructure Minister, is seeking to overturn a finding that the dual carriageway scheme did not comply with climate change targets.

Senior judges confirmed today that Mr Muir’s Department can participate at next month’s hearing in the Court of Appeal.

Intervenor status was also granted to environmental campaigners Friends of the Earth.

The legal battle centres on the decision to approve the 58-mile development between Derry and Aughnacloy, Co Tyrone in October last year.

According to official figures, 57 people have been killed on the road since 2006.

The project, which forms part of a proposed key cross-border business route linking Dublin and the north west, has already been held up by previous legal actions.

A fresh challenge against the decision to authorise construction work was mounted by an umbrella group of local residents and landowners known as the Alternative A5 Alliance.

One ground of challenge involved claims that approval breached a goal in the Climate Change (Northern Ireland) Act 2022 to get to net-zero greenhouse gas emissions by 2050.

In June this year the High Court quashed the Department for Infrastructure’s decision to give the scheme the go-ahead.

A judge held that the decision was irrational based on a lack of evidence it would not prevent Northern Ireland meeting the climate change targets.

With Ms Kimmins and her Department preparing to appeal his verdict, formal requests were made by both the Department of Agriculture, Environment and Rural Affairs (DAERA) and Friends of the Earth for intervenor status.

At a review hearing today any objection to both applications was withdrawn.

Counsel representing both new participants stressed their involvement in the case will be limited.

Tony McGleenan KC, for DAERA said: “We will be addressing the climate change legislation only.”

Meanwhile, the campaign group A5 Enough is Enough will continue to have similar participation status at the legal battle in support of the upgrade.

Formed after Tyrone Gaelic footballer John Rafferty, 21, was killed in October 2022, the group has expressed frustrations at the repeated delays in improving what their lawyers branded “a deathtrap of a road”.

Lady Chief Justice Dame Siobhan Keegan, sitting with Lord Justice Treacy, confirmed the appeal hearing is to begin on December 10.