Latest news with #JusticeMcAlinden
BreakingNews.ie
06-08-2025
- Politics
- BreakingNews.ie
Appeal lodged over High Court ruling that A5 scheme cannot proceed
A notice of appeal has been served against a court ruling that the construction of the new A5 road should not go ahead in its current form, Infrastructure Minister Liz Kimmins has said. The minister has insisted she is determined to see the ambitious roads project completed, despite the setback in the High Court in June. Advertisement Then Mr Justice McAlinden quashed the Stormont Executive's move to approve the £1.2 billion roads scheme following a legal challenge from a group including residents, farmers and landowners. Road signs for the A5 on the outskirts of Aughnacloy, Northern Ireland. Photo: Liam McBurney/PA. The judge said the proposals breached sections of Northern Ireland's Climate Change Act as they did not demonstrate how they would comply with the commitment to reach net-zero carbon emissions by 2050. There have been more than 50 deaths on the A5, which links Derry with Aughnacloy in Co Tyrone, since 2006. A scheme to turn the road into a dual carriageway was first approved by the Executive in 2007, but it has been held up by legal challenges and uncertainty over funding ever since. Advertisement Speaking as the appeal was lodged on Wednesday, Ms Kimmins said: 'I am determined to see this project go ahead and therefore it is important that we appeal the decision made in the High Court on June 23. 'Too many lives have been lost on the A5, and far too many have been injured. 'We owe it to those people and their families to use every opportunity available to us to improve road safety in this area.' The minister added: 'The A5 Western Transport Corridor is a vital infrastructure project; my team and I have been working around the clock and will continue to do so. Advertisement 'We are determined to build the A5.' The deadline to lodge an appeal against the court ruling was Friday. When he delivered his judgment in June, Mr Justice McAlinden said he was aware it would bring 'significant, fresh anguish to the doors of those who have been injured and maimed and those who have lost loved ones as a result of road traffic accidents on the existing A5 road'. He said: 'One of the primary justifications for the construction of this new road is that it will be much safer than the existing road and that, over time, many lives will be saved and many serious injuries prevented and many families will be spared the utter heartbreak of the sudden and shocking loss of a loved one. Advertisement 'It is likely that delays in the progression of this scheme will coincide with the occurrence of further loss of life and serious injury on the existing road.' The judge added: 'However, the decision to proceed with the scheme must be taken in accordance with the law and the principle of the rule of law cannot be subverted, even if the motivation for doing so is to achieve what is deemed to constitute a clear societal benefit.' The judge said the 'shortcomings and shortcuts' in the proposals for the roads scheme could be remedied.
Irish Times
23-06-2025
- Politics
- Irish Times
Upgrade of A5 road to Derry quashed by High Court in Belfast
A decision by Northern Ireland's Executive to proceed with the upgrade of the A5 road to Derry has been quashed at the High Court in Belfast. Mr Justice McAlinden told the court that he was aware his ruling would bring 'fresh anguish' to the families of those who lost loved ones on the road, but said the proposed scheme breached elements of the Climate Change Act 2022. The North's Infrastructure Minister Liz Kimmins was at the Royal Courts of Justice to hear the ruling on Monday. The Executive gave the green light for the long-awaited upgrade to the A5 in October. READ MORE However, judicial review proceedings were brought against the Department for Infrastructure by nine applicants, including residents, farmers and landowners opposed to the £1.2 billion (€1.4 billion) scheme. There have been more than 50 deaths on the A5, one of the North's main road arteries that links Derry with Aughnacloy in Co Tyrone, since 2006. The road connects the northwest – Donegal and Derry – to Dublin through regional towns including Strabane and Omagh. A scheme to turn the road into a dual carriageway was first approved by the Executive in 2007 but it has been held up by legal challenges and uncertainty over funding. This is the third time in 18 years that approval for the road's upgrade has been overturned in court. Many relatives and friends of people killed and injured on the road have long campaigned for a modernised road to improve public safety on the route. Justice McAlinden acknowledged in his judgment that it was 'likely that delays in the progression of this scheme will coincide with the occurrence of further loss of life and serious injury on the existing road'. But he added that 'the decision to proceed with the scheme must be taken in accordance with the law'. 'The principle of the rule of law cannot be subverted, even if the motivation for doing so is to achieve what is deemed to constitute a clear societal benefit.' – Press Associatio n
Glasgow Times
14-05-2025
- Politics
- Glasgow Times
Definition of Troubles victim compensation scheme ‘very restrictive'
Mr Justice McAlinden, president of the Victims' Payment Board, described the definition of the current scheme as 'very restrictive'. He said he regrets that those who were bereaved in the Troubles are excluded from the Troubles Permanent Disablement Payment Scheme. However he also said he 'utterly rejects' claims that going through the application process was 'dehumanising, cruel, re-traumatising and ritual humiliation'. 'That's not the scheme that I am administering, it's not features of the scheme that I accept or that I consider are appropriate comments in the context of this scheme,' he said. Appearing before the Stormont Executive Office committee Mr Justice McAlinden said it is a victim-centric scheme which tries to recognise the harm and hurt caused through the Troubles and provide financial support for those suffering from permanent disablement. The committee heard that so far £90 million has been paid out by the scheme, which has been open for applications since 2021, and is set to close to new applications in August 2026. Mr McAlinden said they have tried to extend the scheme. 'They are a section of those directly affected by the Troubles that are still left outside the scope of a bespoke scheme,' he said. 'A person is entitled to payments under the scheme if they suffer an inquiry which was caused by a Troubles-related incident when they are present at the Troubles-related incident or in the immediate aftermath. 'That is a very restrictive definition of entitlement… we've tried to extend that as far back as possible. President of the Victims' Payments Board Mr Justice McAlinden gives evidence to the Stormont Executive Office committee (NI Assembly/PA) 'What we are trying to do is stretch the boundaries of this limited scheme to ensure that the clear deficiency and deficit, the absence of a scheme bespoke for the bereaved, does not have a hard edged damaging impact as it otherwise would.' Mr Justice McAlinden also described the issues with the scheme as a 'microcosm' of the problems faced by Northern Ireland society as a whole. He invited Stormont politicians to come together and develop a 'more rounded scheme'. 'The whole issue of victimhood is a divisive issue within our society, and it is so divisive that the local elected representatives were unable to agree a scheme that facilitated all views in terms of victimhood,' he said. 'So we had Westminster take up the baton and in essence impose a scheme which I think no one is very happy with. 'We have quite a limited and narrow definition of a Troubles-related incident, and we have quite a limited and narrow definition of victimhood and we have the exclusion of the bereaved. 'Those are issues that locally this Executive, this Assembly could deal with if they could agree. If they could bring their heads together, they could reconstruct this scheme.' He went on to say he fully appreciates that paying money to someone who was injured as a result of involvement in an act of violence themselves 'retraumatises the innocent victims'. He said it is a 'really thorny issue' and challenged MLAs on the committee to use good will and their life experience to try to reach agreement. He added: 'This scheme is a microcosm of the problem that is societal. 'This scheme is a microcosm of the inability of people to recognise what went on in the past, recognise that there was fault on both sides, apologise and open up for the hurt and harm that they caused, and that's where I am very strongly of the view that this whole legacy process is so one-sided, because we have the state that has to open up, and we have the paramilitaries that are basically keeping shtum. 'That is unacceptable, if you want to move forward, everyone has to open up, everyone has to open the book, and everyone has to apologise sincerely for the harm and hurt that they caused. 'Now that's where this scheme attempts to give definition to the issue of reconciliation, because this scheme, even by its shortcomings, highlights the societal issues that we have to address as a society.'
Western Telegraph
14-05-2025
- Politics
- Western Telegraph
Definition of Troubles victim compensation scheme ‘very restrictive'
Mr Justice McAlinden, president of the Victims' Payment Board, described the definition of the current scheme as 'very restrictive'. He said he regrets that those who were bereaved in the Troubles are excluded from the Troubles Permanent Disablement Payment Scheme. However he also said he 'utterly rejects' claims that going through the application process was 'dehumanising, cruel, re-traumatising and ritual humiliation'. 'That's not the scheme that I am administering, it's not features of the scheme that I accept or that I consider are appropriate comments in the context of this scheme,' he said. Appearing before the Stormont Executive Office committee Mr Justice McAlinden said it is a victim-centric scheme which tries to recognise the harm and hurt caused through the Troubles and provide financial support for those suffering from permanent disablement. The committee heard that so far £90 million has been paid out by the scheme, which has been open for applications since 2021, and is set to close to new applications in August 2026. Mr McAlinden said they have tried to extend the scheme. 'They are a section of those directly affected by the Troubles that are still left outside the scope of a bespoke scheme,' he said. 'A person is entitled to payments under the scheme if they suffer an inquiry which was caused by a Troubles-related incident when they are present at the Troubles-related incident or in the immediate aftermath. 'That is a very restrictive definition of entitlement… we've tried to extend that as far back as possible. President of the Victims' Payments Board Mr Justice McAlinden gives evidence to the Stormont Executive Office committee (NI Assembly/PA) 'What we are trying to do is stretch the boundaries of this limited scheme to ensure that the clear deficiency and deficit, the absence of a scheme bespoke for the bereaved, does not have a hard edged damaging impact as it otherwise would.' Mr Justice McAlinden also described the issues with the scheme as a 'microcosm' of the problems faced by Northern Ireland society as a whole. He invited Stormont politicians to come together and develop a 'more rounded scheme'. 'The whole issue of victimhood is a divisive issue within our society, and it is so divisive that the local elected representatives were unable to agree a scheme that facilitated all views in terms of victimhood,' he said. 'So we had Westminster take up the baton and in essence impose a scheme which I think no one is very happy with. 'We have quite a limited and narrow definition of a Troubles-related incident, and we have quite a limited and narrow definition of victimhood and we have the exclusion of the bereaved. 'Those are issues that locally this Executive, this Assembly could deal with if they could agree. If they could bring their heads together, they could reconstruct this scheme.' He went on to say he fully appreciates that paying money to someone who was injured as a result of involvement in an act of violence themselves 'retraumatises the innocent victims'. He said it is a 'really thorny issue' and challenged MLAs on the committee to use good will and their life experience to try to reach agreement. He added: 'This scheme is a microcosm of the problem that is societal. 'This scheme is a microcosm of the inability of people to recognise what went on in the past, recognise that there was fault on both sides, apologise and open up for the hurt and harm that they caused, and that's where I am very strongly of the view that this whole legacy process is so one-sided, because we have the state that has to open up, and we have the paramilitaries that are basically keeping shtum. 'That is unacceptable, if you want to move forward, everyone has to open up, everyone has to open the book, and everyone has to apologise sincerely for the harm and hurt that they caused. 'Now that's where this scheme attempts to give definition to the issue of reconciliation, because this scheme, even by its shortcomings, highlights the societal issues that we have to address as a society.'
South Wales Guardian
14-05-2025
- Politics
- South Wales Guardian
Definition of Troubles victim compensation scheme ‘very restrictive'
Mr Justice McAlinden, president of the Victims' Payment Board, described the definition of the current scheme as 'very restrictive'. He said he regrets that those who were bereaved in the Troubles are excluded from the Troubles Permanent Disablement Payment Scheme. However he also said he 'utterly rejects' claims that going through the application process was 'dehumanising, cruel, re-traumatising and ritual humiliation'. 'That's not the scheme that I am administering, it's not features of the scheme that I accept or that I consider are appropriate comments in the context of this scheme,' he said. Appearing before the Stormont Executive Office committee Mr Justice McAlinden said it is a victim-centric scheme which tries to recognise the harm and hurt caused through the Troubles and provide financial support for those suffering from permanent disablement. The committee heard that so far £90 million has been paid out by the scheme, which has been open for applications since 2021, and is set to close to new applications in August 2026. Mr McAlinden said they have tried to extend the scheme. 'They are a section of those directly affected by the Troubles that are still left outside the scope of a bespoke scheme,' he said. 'A person is entitled to payments under the scheme if they suffer an inquiry which was caused by a Troubles-related incident when they are present at the Troubles-related incident or in the immediate aftermath. 'That is a very restrictive definition of entitlement… we've tried to extend that as far back as possible. 'What we are trying to do is stretch the boundaries of this limited scheme to ensure that the clear deficiency and deficit, the absence of a scheme bespoke for the bereaved, does not have a hard edged damaging impact as it otherwise would.' Mr Justice McAlinden also described the issues with the scheme as a 'microcosm' of the problems faced by Northern Ireland society as a whole. He invited Stormont politicians to come together and develop a 'more rounded scheme'. 'The whole issue of victimhood is a divisive issue within our society, and it is so divisive that the local elected representatives were unable to agree a scheme that facilitated all views in terms of victimhood,' he said. 'So we had Westminster take up the baton and in essence impose a scheme which I think no one is very happy with. 'We have quite a limited and narrow definition of a Troubles-related incident, and we have quite a limited and narrow definition of victimhood and we have the exclusion of the bereaved. 'Those are issues that locally this Executive, this Assembly could deal with if they could agree. If they could bring their heads together, they could reconstruct this scheme.' He went on to say he fully appreciates that paying money to someone who was injured as a result of involvement in an act of violence themselves 'retraumatises the innocent victims'. He said it is a 'really thorny issue' and challenged MLAs on the committee to use good will and their life experience to try to reach agreement. He added: 'This scheme is a microcosm of the problem that is societal. 'This scheme is a microcosm of the inability of people to recognise what went on in the past, recognise that there was fault on both sides, apologise and open up for the hurt and harm that they caused, and that's where I am very strongly of the view that this whole legacy process is so one-sided, because we have the state that has to open up, and we have the paramilitaries that are basically keeping shtum. 'That is unacceptable, if you want to move forward, everyone has to open up, everyone has to open the book, and everyone has to apologise sincerely for the harm and hurt that they caused. 'Now that's where this scheme attempts to give definition to the issue of reconciliation, because this scheme, even by its shortcomings, highlights the societal issues that we have to address as a society.'
