Source: Government of Ireland
Minister O’Callaghan also noted that he intends to bring proposals to address wider legacy issues to Government in the coming weeks aimed at implementing the commitments under the Joint Framework on the Troubles agreed with the UK government last September.
ENDS…///
Notes for the Editor
The Bill is available at www.oireachtas.ie
The Omagh Bombing Inquiry was established by the UK Government on 21 February 2024 to investigate whether the bombing could have been prevented by the UK state authorities. Its terms of reference are available on the Inquiry’s website.
The Government decided on 9 July 2024 to assist the Inquiry and signalled that intention at the first preliminary hearing of the Inquiry on 30 July 2024.
A Memorandum of Understanding is in place between the Government and the Inquiry regarding the disclosure of Irish State materials and material is being disclosed on an ongoing basis.
The Regulations under section 2B of the Data Protection Act 1988 and the directive issued to the Garda Commissioner under section 37 of the Policing, Security and Community Safety Act 2024 to support the co-operation by An Garda Síochána with the Memorandum of Understanding are available here.
Summary of provisions
The legislation has a single purpose, to assist the Omagh Bombing inquiry. It provides a bespoke mechanism to facilitate the taking of sworn testimony from State bodies / former ministerial office holders before a judge of the High Court at the request of the Chairman of the Inquiry.
The proposed legislation is modelled on the mechanism contained in section 3 of the Criminal Justice (International Co-operation) Act 2019 to enable the taking of oral testimony for the purposes of UK Troubles-related inquests but includes a number of important new features.
These new features include:
- extending the mechanism to other State bodies (in addition to An Garda Síochána) and to both current and past members of An Garda Síochána, the Defence Forces and departmental officials, and to former ministerial office holders;
- facilitating Core participants to the Inquiry, principally family members and survivors and their legal representatives, to be present and hear first-hand the evidence given before the High Court judge;
- enabling the Chairperson or Counsel to the Inquiry to ask questions to clarify evidence given by a witness to the judge.
The mechanism will be triggered by requests from the Chairperson of the Inquiry to the head of the State body concerned, or in the case of a former ministerial office holder, the Minister for Justice, Home Affairs and Migration. The request will specify the questions that the Chairperson is requesting be asked and may specify serving and former office holders (including former ministerial office holders) from whom the Inquiry wishes to hear.
The grounds on which the request must be refused are limited to those that are necessary to prevent prejudice to the sovereignty and security of the State and other essential interests of the State and to meet obligations to investigate crime and protect life. Prior consultation is required with the Minister for Justice, Home Affairs and Migration (and where relevant the responsible Minister) before a decision to not accede to a request may be made. The reason grounding any such decision must be notified to the Chairperson.
The legislation addresses a range of procedural matters including the designation of witnesses and the nomination of the High Court judge who will act as the conduit for the evidence.
The witnesses will be entitled to the privileges and immunities available before the High Court.
The participation of former members or officials or former ministerial office holders is on the basis of their written consent.
The transcript of the evidence will be made available to the Chairperson. The publication of the transcript will be a matter for the Chairperson.
The mechanism will be available to the Chairperson over the lifetime of the Inquiry and will allow for assistance to be sought as matters arise in the course of its work. This includes providing a means of following up on any new matters that may arise from the evidence given.