John O'Dowd on A5 Western Transport Corridor vesting orders
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00:00Following the Executive Agreement on 2 October 2024, I announced my decision to proceed with
00:05the length of this vital flagship scheme between the south of Sturban and Ballygully, 55km
00:11of its total 85km length. On 13 November, the Department received a formal legal challenge
00:17to my decision, and no further challenges have been received at this stage. Work is
00:22ongoing with my Department officials and legal team in the preparation of evidence with a
00:26view to robustly defending against this challenge. The Court has fixed a timetable for preparation
00:32of the case, leading to a substantive hearing on 3 March 2025, with an expected timeframe
00:39of five days. On 25 November, the vesting orders became operative on the lands necessary
00:45for the construction of this length of the road transfer to the ownership of my Department.
00:51The legal challenge did not affect this transfer of ownership. Although there is no defined
00:56timeframe for handing down of the Court's decision following the hearing in early March,
01:01the Court has previously indicated the importance of getting this case dealt with as quickly
01:06as possible.
01:07I thank the Minister for his response. Minister, could you outline the level of engagement
01:16that is taking place with the road authorities in the south, particularly in relation to
01:20the link between the new A5 and the N2 in Monaghan and the N14 in Larrakelly, Donegal?
01:30We have been working very closely with the Department of Transport in Dublin throughout
01:34this project, engaging with them on a number of matters, but particularly it is vitally
01:40important that we are working not only with the Department of Transport but with the relevant
01:44councils in relation to how the road networks link up. That work is at an advanced stage.
01:50It is also part of the work stream of the North-South Ministerial Council. I am confident
01:54that we are fully and properly engaged in regard to this matter. Both jurisdictions
02:00and the relevant bodies within those jurisdictions are aware of each other's plans.
02:07I thank the Minister for the update on this all-important project. I know that his Department
02:13is working to see this road fully developed. We are awaiting the court case that is due in March.
02:21I attended the initial hearing in relation to it. Can the Minister tell us what power or influence
02:28he has to ensure that his Department will object to any request by the objectors to request that
02:35their costs be capped? There has been absolutely no cap on the cost to the taxpayer when it comes
02:40to how this project has spiralled beyond all recognition in terms of cost.
02:46My understanding—I will clarify this with the matter in writing if I am correct—is
02:53that, under the terms this court case has been taking, there is a cap on the costs
02:59because of the nature of the legislation under which the objection has been lost. It is outside
03:06my remit, powers or, indeed, legal teams' powers. I understand the powers of the court to overturn
03:13that. Minister, farmers and landowners will be put under pressure with a possible figure that
03:21they will receive for compensation. My understanding is that they are not to be better off,
03:26but they will be worse off, because purely they will not be fit to replace the land that is taken
03:29from them. Obviously, the price will go up, because everybody will be trying to replace that.
03:33What would you say to local landowners?
03:36All local landowners who have had their lands vested will have received communications from
03:40my Department on how the process will develop from this point onwards. They will be advised to
03:48obtain the services of a land agent who will be suitably qualified to do the negotiations
03:53on their behalf and engage with the Department on their behalf under their instructions.
03:57I can assure the Member that my Department is fully open to those discussions and engagement.
04:03The ultimate cost, or the pricing of the land, will be down to land and property services.
04:10There has been quite significant engagement between the Department of Fishers and Landowners
04:15up to this stage, but I would encourage landowners to engage through the process,
04:19work the process through, and I will do everything within my power to ensure
04:24that everyone is treated fairly.