Climate ruling offers lessons for Northern Irish infrastructure projects

Belfast-based construction specialists Ciaran McNamara and Catherine Burns of Pinsent Masons were commenting after the High Court in Northern Ireland quashed (101-page / 673KB PDF) a ministerial decision and subsequent orders issued last autumn that provided for the construction of a new A5 dual carriageway.

Plans to upgrade the A5 road have been in the pipeline for decades. The Northern Ireland Executive has faced increasing pressure from road safety campaigners to deliver the scheme amidst a spate of accidents on the road that, in some cases, have resulted in fatalities.

In his recent ruling, the judge, Mr Justice McAlinden, acknowledged that the scheme is designed to deliver improved road safety standards, stating that he is “acutely aware” that his decision to quash the ministerial decision and orders 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”. Despite his acknowledgement of the public benefits of the new road, Mr Justice McAlinden upheld complaints raised by a group called the Alternative A5 Alliance, finding that the Executive had failed to meet its obligations under climate legislation in force in Northern Ireland before signing off the scheme.

Specifically, the judge said there was “evidential lacuna” that meant the Executive could not sufficiently show that its decision to approve the A5 improvement scheme was consistent with its duty to deliver on the emissions targets it has made legally binding under the Climate Change Act (Northern Ireland) 2022 (the Act).

In comments relevant to other infrastructure projects in planning in Northern Ireland, Mr Justice McAlinden said: “My considered view is that in order to comply with its section 52 duty [under the Act] when making a decision such as this, the [Department for Infrastructure] needs to be able to produce cogent evidence that its decision has been made following careful planning, synchronisation and co-ordination between all Northern Ireland government departments, the result of which demonstrates that the project fits into plans, strategies and policies which map out a realistic and achievable pathway for Northern Ireland to achieve net zero by 2050, meeting the interval targets on the way and staying within the carbon budgets that have now been set.”

The judge said that the “shortcomings and shortcuts in the decision making” of the Department for Infrastructure are “capable of being remedied” – adding that the publication of a new climate action plan by the Department for Agriculture, Environment and Rural Affairs could be an important step towards achieving those remedies.

Ciaran McNamara said: This ruling underpins that climate compliance is central to infrastructure planning, and that a legal duty is imposed on departments to support their compliance with the Act through robust, transparent evidence. This judgment demonstrates fully that projects will not be viewed in isolation and should be integrated into broader climate strategies.”

Catherine Burns added: “The judgment in this case emphasises the need for transparency and alignment with environmental strategy. Unless exemptions to the Act are brought forward by the legislature in Northern Ireland, to avoid legal challenge, supply chain emissions should be measured, reported and mitigated by developers. Without having gathered this information, there will be insufficient evidence to show how the project aligns with climate action plans and carbon budgets. Contractors and suppliers must now demonstrate how their products and services contribute to emissions reductions, and it is increasingly possible that public procurement will favour bids that include climate mitigation strategies.”