Government prioritising Bill to let gardaí give Omagh inquiry evidence

By Cillian Sherlock, Press Association

Legislation to allow for oral testimony of gardaí and other officials to be provided to the Omagh Bombing Inquiry has been given priority by the Government.

Justice Minister Jim O’Callaghan obtained Government approval for the priority drafting of the Bill at Cabinet on Tuesday.

The proposed legislation will provide a bespoke legal mechanism to facilitate the taking of sworn testimony from State bodies before a judge of the Irish High Court at the request of the chairman of the inquiry.

Work on drafting the Bill is to commence “immediately” with a view to it being in place for the inquiry’s evidential hearings in 2026.

The hearings were due to start in March but have been postponed.

The Government’s proposals will be sent to the inquiry to give its chairman Lord Turnbull an opportunity to engage in the process.

The proposed legislation is modelled on mechanisms which enable the taking of oral testimony for the purposes of UK Troubles-related inquests.

The Department of Justice says the Omagh-related amendment will include new features aimed at “maximising the evidential opportunities” available to the chairman and to enhance transparency.

It said this was in the interests of the victims’ families and survivors and “their search for truth and accountability”.

Minister O’Callaghan said it was an important milestone in the Government’s commitment to supporting the inquiry, which he said was “legally complex” given it had been established by another sovereign state.

He said: “The legislation will add to the suite of measures already implemented.

“This includes the Memorandum of Understanding which I signed with the chairman of the inquiry last April relating to the disclosure of Irish State materials, and the Data Protection Regulations that I signed last month to enable the disclosure of sensitive personal data to the inquiry.

“Our commitment, alongside that of the UK Government, is essential to addressing the enormous impact of Troubles-related violence and the legitimate needs and expectations of victims’ families and survivors who have long searched for truth and accountability.”

Mr O’Callaghan added: “My proposals will provide a robust statutory framework that seeks to maximise the assistance to be provided to the inquiry to fulfil its terms of reference while also safeguarding in so far as that is necessary the essential interests of the State and the rights of witnesses involved.”

The Bill is envisaged to extend the existing mechanism for oral evidence to other State bodies, as well as both current and past members of An Garda Síochána, the Defence Forces, and departmental officials.

Core participants to the inquiry – such as family members and survivors and their legal representatives – will be facilitated to be present and hear first-hand the evidence given before the High Court judge.

The new features also enable the chairperson or counsel to the inquiry to ask questions to clarify evidence given by a witness to the judge.

Heads of relevant Irish State bodies will consider the requests of the inquiry and the specific questions they wish to ask.

The requests can be rejected to “prevent prejudice to the sovereignty, security of the State” and “other essential interests of the State”.

The requests can also be denied in whole or in part “to meet obligations to investigate crime and protect life”.

However, the Justice Minister must be consulted before any decision not to accede is made.

Witnesses will be entitled to privileges and immunities available before the High Court, and the participation of former officials and members of security services will be based on their written consent.

Mr O’Callaghan said the need for any further action to be taken by the Government will be “kept under review”.