The Taoiseach is on public record as is the Minister for Justice, Equality and Law Reform in deploring the lack of co-operation by the British authorities in the matter of the Dublin-Monaghan bombings. We share that regret on this side of the House but it should be noted in passing that, for example, some of the documents being sought are of the highest sensitivity in terms of intelligence and security considerations. I raise the separate matter where civil litigation is taking place, arising from the single worst atrocity of the last almost 30 years of violence in Northern Ireland. I refer to the case being taken by the Omagh families for civil compensation against persons suspected of involvement or being complicit in that atrocity. In this case, the co-operation of the Irish State is being sought by the families concerned and so far it is not forthcoming. The families have already suffered one setback in the courts here where a conviction was quashed because of the manner of handling of that case by some gardaí. Earlier this week, the Special Criminal Court felt it had to refuse to release the transcripts of certain trials. The Special Criminal Court felt it did not have jurisdiction to release these papers. These papers and proceedings are the verbatim account of what transpired in public court. The Northern Ireland courts have made clear that they want to evaluate what transpired for themselves and they are not prepared to make an order against the Irish authorities.

Deputy Rabbitte——

They are looking for co-operation. The transcripts to which I have referred can be transferred to the National Archives in the normal way after 30 years but, under section 8 of the relevant legislation, the Minister for Justice, Equality and Law Reform, may transfer them earlier than that to the National Archives which is directly within the responsibility of the Taoiseach. We are talking about documents that are now inaccessible for, perhaps, arcane reasons which can be transferred to a place where they may be accessed and be beneficial to the efforts of the Omagh families to prosecute the civil actions concerned.

The issue of the transfer of the documents has not been brought to my attention within the Administration. There was no question of the Government being asked for these papers or of my involvement in these issues. It is totally a matter for the courts but I understand the point the Deputy is making that they cannot deal with this issue but if they had these papers they could be of assistance to them. The only way I could look at that issue would be to take legal advice. To date and in the process of the case no request has been made to me even though I deal regularly with the families and the different groups related to Omagh. In this case no request has been made and we would have to take legal advice on whether those papers can be made available, or made available in the way the Deputy has stated by putting them into the archives early, under section 8 of the 1975 Act. I have not discussed this issue with the Attorney General. Given that the Deputy has raised the issue I will check the legal position.

I do not want to press the Taoiseach further on this issue. It is a critically important matter for the Omagh families concerned who have not merely endured such an atrocity but other setbacks. The decision appears to be a procedural one of the Special Criminal Court that it feels unable to release these documents although, I repeat, they are no more than a verbatim account of what transpired in public court. It has decided it does not have jurisdiction and has suggested that the only court that might have jurisdiction would be the High Court but legal opinion is divided. The High Court may well say these are papers proper to an another court. What is at issue is that lawyers on behalf of the Omagh families need access to these documents. The Northern Ireland courts have made it clear they need access to the documents. I am suggesting a route which I am advised would allow access to documents that are not otherwise accessible whereby the Minister for Justice, Equality and Law Reform has the power, as an exception to the 30 year rule, to cause them to be transferred to the National Archives where they can be accessed by anybody.

I take the point. I appreciate the importance of the papers. I have read the newspaper reports on it but as I said I have had no request within the system. I have not discussed the matter with either the Minister or the Attorney General. I am not aware of the legal complexities. Perhaps the Deputy's suggestion is a way around it but the best course of action for me is to consult with the Attorney General and the Minister for Justice, Equality and Law Reform.