The Minister will speak for ten minutes, group spokespersons for eight minutes and all other Senators for five minutes, with the Minister to be called to reply no later than 3.05 p.m.

I am pleased to introduce the International Co-operation (Omagh Bombing inquiry) Bill to the Seanad today. The purpose of the Bill is to assist the Omagh bombing inquiry established by the Secretary of State for Northern Ireland in February 2024 to investigate whether the bombing could have been prevented by UK state authorities. Its terms of reference are set out in the Schedule to the Bill for the ease of Senators.

The Government has made clear its commitment to facilitating and supporting the work of the inquiry to the greatest extent possible, and the Bill before the House today is another important step towards delivering on this commitment. The Bill deals with the taking of oral evidence before our courts and will sit alongside the concrete measures I have already put in place to facilitate the disclosure of Irish State documents to the inquiry.

The bombing of the town of Omagh on 15 August 1998 was the single worst atrocity of the Troubles, resulting in the loss of 31 lives and at least 220 people injured. At a time of collective hope, it was a senseless, brutal terrorist attack that sought to undermine the peace that had been secured some months earlier. The Government has condemned the abhorrent criminal actions of those who planned the attack and planted and detonated the bomb. I do so again today.

The families and survivors in their eloquent testimony to the inquiry's commemorative hearing last year gave voice to the enormity of that loss and its enduring toll. The formal decision taken by the Government on 9 July 2024 to assist the inquiry, and to authorise officials to engage with the inquiry to explore mechanisms for working together, was taken in recognition of the importance of the inquiry for families and survivors and their quest for truth and justice. The programme for Government also clearly reiterates our commitment, stating that we will play our full part in legacy processes, including facilitating and supporting the Omagh inquiry.

Delivering on our commitment to assist an inquiry established by another sovereign state is not without its challenges. There are legal complexities that must be navigated to ensure consistency with the laws of Ireland and the Government's duty to safeguard the essential interests of the State and the constitutional and other rights of citizens. Successive Governments have navigated similar challenges in the past, including assisting the Northern Ireland courts during the civil proceedings taken by the families, and enacting primary and secondary legislation to support cross-Border co-operation with UK authorities.

I have referred to the actions I have already taken to support the Omagh inquiry. These include agreeing a memorandum of understanding with the chairman of the inquiry last April to guide the disclosure of Irish State materials, and implementing measures to support the disclosure of sensitive personal data. These measures are in operation and are working very well, with a significant quantity of Irish State materials, principally from An Garda Síochána, disclosed to the inquiry and more being disclosed on a rolling basis. To date, some 29,000 pages have been disclosed by the Irish Government to the Omagh bombing inquiry.

I welcome the acknowledgement by counsel to the inquiry at its hearing in March of the "considerable efforts that have been made" by Irish authorities and the "effective progress" that is being made to respond to the inquiry's requests. My Department and the Garda Commissioner have dedicated resources in place to support the disclosure process to ensure that it is conducted with rigour and that all potentially relevant material is made available to the inquiry in line with the memorandum of understanding. This is vital and the Government is at one with counsel to the inquiry when he said, on announcing that the first evidential hearings will now start in September, that it is important that the inquiry is not rushed and that it is as comprehensive as it can be in addressing its terms of reference.

Turning to the Bill before the Seanad today, it provides a bespoke legal mechanism to facilitate the taking of sworn evidence from State bodies and former ministerial officeholders before a judge of the High Court at the request of the chairman of the commission. The approach is modelled on the Criminal Justice (International Co-operation) Act 2019, which Senators will be aware was enacted to enable the taking of oral evidence from gardaí for the purposes of UK Troubles-related inquests. Importantly, the Bill includes some new features. These take account of the nature of the inquiry and its broader terms of reference, and are aimed at maximising the evidential opportunities available to the chairman and enhancing transparency. I will go through the sections in due course.

This is a stand-alone Bill concerned solely with providing assistance to the Omagh inquiry. The mechanism it provides will be available to the chairman over the lifetime of the inquiry and will allow for assistance to be sought as matters arise in the course of its work. This single focus recognises the significance of the bombing and also the need for speedy enactment. As the House will be aware, I intend to bring forward separate legislative proposals in the coming weeks to progress implementation of the Government's commitments in the joint framework on addressing the legacy of the Troubles agreed with the United Kingdom Government last September.

Part 2 of the Bill contains the substantive provisions detailing the application and operation of the bespoke legal mechanism. As referred to earlier, it is premised on the taking of evidence in this jurisdiction before the High Court. This mirrors the 2019 legislation and is essential to safeguard the interests of the State, including its sovereignty, and the rights of Irish State witnesses, while seeking to maximise evidential opportunities for the inquiry.

As I have said, the mechanism is triggered by a request from the chairman for assistance. Such a request may be made to the Garda. However, section 4 allows the Minister to designate other bodies at the request of the chairman. These other bodies include Departments of State and the Defence Forces.

This is a new feature compared to the 2019 Act and recognises that bodies other than An Garda Síochána hold records that are potentially relevant to the inquiry.

Section 5 deals with how the chairman may request assistance from a State body, be that the Garda or another designated State body. The head of the State body could be the Garda Commissioner or the Chief of Staff. An important development on the 2019 Act is that a request may, in addition to specifying the questions the chairperson is requesting be asked, specify current and past office holders from whom the inquiry wishes to hear. The head may accede to a request in full or in part, but must refuse a request where to do so would be likely to prejudice the security or sovereignty of the State, would be likely to prejudice a criminal investigation or criminal proceedings or would otherwise be inconsistent with the functions, whether statutory, of the designated State body.

I want to emphasise that the assessment requires an individual consideration of each question and the potential evidence concerned. There are no classes of records that are automatically excluded from being put into evidence using this mechanism. Equally, general or speculative assertions of harm will not be enough to ground a refusal; the head must be of the opinion that actual prejudice to the fundamental concerns of the State is likely. I also want to emphasise that the decision by the head of the body is subject to an important check. Prior consultation is required with me, as Minister for justice, and, where relevant, the line Minister. The head of the body is required to make the decision as soon as practicable. This is important to ensure that momentum is maintained. The section also ensures transparency around decision-making by requiring the reasons grounding any refusal to be notified to the chairperson.

Section 6 is similar to section 5, but concerns requests for assistance from former ministerial office holders. This extension seeks to take account of the inquiry’s terms of reference, which include investigation of the approach taken by UK state authorities to security normalisation before and after the Good Friday Agreement. If the inquiry forms a view that a former ministerial office holder has relevant evidence to give, it is appropriate that the State has in place a suitable mechanism to facilitate the taking of such evidence. As I have outlined, sections 5 and 6 make provision for past members of An Garda Síochána or the Defence Forces to be requested to provide assistance. Their participation will be voluntary and subject to their written consent. However, as I stated I expect co-operation from all concerned who are requested to assist. This consent-based approach arises from such persons being private citizens who cannot be compelled to give evidence for the purposes of an inquiry outside the State. The Bill seeks to provide a means for those retired members and officials or ministerial office holders to provide evidence to the inquiry under Irish law.

Section 7 deals with the designation of witnesses.

Section 8 deals with the nomination of the High Court judge who will act as the conduit for the evidence to be taken under sections 9 and 10.

Sections 9 to 11, inclusive, deal with the taking of evidence. Section 9 provides that the nominated judge shall ask the agreed questions, while section 10 enables the chairman or counsel to ask the inquiry to ask follow-up questions. This is a new feature compared to the 2019 Act. Section 11 sets out that the evidence is to be taken on oath, with the same privileges and immunities available before the High Court. The evidence is also to be taken otherwise than in public. This is appropriate as it does not involve the administration of justice. That said, I would draw the attention of the House to the provision that enables core participants and their legal representatives to attend with the chairman and inquiry team. Those core participants represent many of the families. The section also makes clear that the nominated judge may issue directions on the arrangements for the taking of evidence. I would draw attention to the explicit reference to any arrangements necessary for securing the safety of people. Once the evidence has been taken, it will be a matter for the nominated judge to certify it and bring it to the chairperson.

That brings me to the close of how the bespoke mechanism is intended to operate. The Government, through a representative at the opening hearing of the inquiry on 30 July 2024, committed to doing everything in our power to support co-operation, including putting in place new legislation. The inquiry has announced that it will commence its evidential hearings on 21 September. I am committed to having this Bill on the Statute Book by then. I hope to get the support of the Seanad.

I commend and thank the justice committee for waiving pre-legislative scrutiny. I also want to acknowledge the intensive engagement between the inquiry team and my officials over the past months. I thank the inquiry for its constructive approach as we seek to work together to support the inquiry in fulfilling its terms of reference.

Cuirim fáilte roimh an Aire ar ais go dtí an Teach seo. We in Fianna Fáil very much welcome the debate and support the Bill. The Bill, as the Minister outlined, has a single purpose, namely to assist the Omagh bombing inquiry established by the Secretary of State for Northern Ireland in February 2024 to investigate whether the bombing could have been prevented by the UK's state authorities. The formal decision taken by the Government on 9 July 2024 to assist the inquiry was taken in recognition of the importance of the inquiry for families and survivors in their quest for truth and justice. The decision is reflected in the programme for Government.

The bombing of the town of Omagh on 15 August 1998 was the single worst atrocity of the Troubles. It was a senseless and brutal terrorist attack, resulting in the loss of 31 lives and countless more injuries. Fianna Fáil condemns this abhorrent criminal action and those who planned and perpetrated the attack and planted and detonated the bomb. 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. The Bill provides 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 the essential interests of the State and the rights of the witnesses involved.

The bombing occurred on 15 August 1998, four months after the Good Friday Agreement had been signed. The bomb exploded in Omagh at 3.04 p.m., killing 29 people and injuring countless more. The Real IRA claimed responsibility three days later. It announced a ceasefire a few weeks later. Colm Murphy was convicted in regard to the bombing by the Special Criminal Court in 2002. His conviction was quashed in 2005. While several more people have been arrested, no one has been convicted. In 2001, a police ombudsman report criticised the RUC over its handling of the initial investigation. In 2008, the Northern Ireland Policing Board appointed a panel of independent experts to review the police's investigation of the bombing. The acquittal of Sean Hoey, Colm Murphy's nephew, who was tried for murder, among other charges, regarding Omagh in 2006, as well as the admission of two PSNI officers that they misled the court, were raised during the review. Allegations that the security forces did not act on advance warnings has consistently been raised in regard to the Omagh bombing.

The Omagh bombing inquiry is the statutory independent public inquiry established in 2024 by the UK Government to consider whether the bombing in Omagh on 15 August 1988 could reasonably have been prevented by the UK state authorities. The Government has condemned the abhorrent criminal actions of those who planned and perpetrated the attack and planted and detonated the bomb. We fully support the Omagh inquiry, following a formal decision in July 2024 and commitments made in the programme for Government.

Assisting the inquiry established by another sovereign state presents legal and constitutional challenges, in particular around protecting State interests and citizens' rights. Despite these complications, I am glad to report significant progress has been made. A memorandum of understanding has been agreed with the inquiry chair, systems have been put in place to allow the disclosure of sensitive information and dedicated resources from An Garda Síochána have supported that process. To date, approximately 20,000 pages of material, mainly Garda documentation, have been provided to the inquiry, with further disclosures continuing.

The inquiry has recognised the considerable efforts and effective progress made by the Irish authorities. Our position is clear. The inquiry must be thorough, comprehensive and focused on delivering truth and justice for the families and survivors. This is the very least they deserve.

I thank the Minister for coming to the House today. I very much welcome the Bill and the statement of intent of the Irish authorities to co-operate with the Omagh bombing inquiry. I sit on a vocational panel. It is one of the ways in which we differ from the Lower House, in that we bring to bear our life and professional experience in the Chamber.

I have a couple of observations to make. On 15 August 1998, when the bomb was detonated in Omagh, it was claimed by the then Real IRA that it went off prematurely, so it was a highly unstable device containing 140 kg of fertiliser-based explosives. That would have been the bulk charge and there would have been a time-powered unit and a detonator of sorts. I was on duty that day on the command stand 2, a quick reaction force in Cathal Brugha Barracks which covers the entire Eastern Command, as it was then, up to the Border. We got word, through the military authorities, of this incident. At the time, we would have been routinely tasked to accompany ordnance explosives officers to go out and investigate situations like that. It was obviously in the Six Counties and just outside of our jurisdiction, but we were aware, through the intelligence brief at the time, that dissident republicans and other groups were still very active after the Good Friday Agreement. They were still surveilling targets, carrying out surveillance, monitoring people and selecting targets for abduction and possibly assassination. That continued right up until about 2000 that I know, but I retired after that so I do not know how long that lasted.

I have a couple of observations to make about this. The car was a Vauxhall Cavalier, which would be known as an Opel Vectra here. That car was stolen on 13 August, apparently, in Carrickmacross. Whoever stole it carried out sufficient reconnaissance to ensure that the car they stole had a 1991 Donegal registration plate. It was not an Opel Vectra but a Vauxhall Cavalier that had been presumably bought in the North of Ireland and then imported here. They switched the number plates and put a northern registration on it. Then they transported the vehicle somewhere and loaded up the explosives. In a book that has just been published, Only a Soldier Knows: Life on the Front Lines with the Irish Defence Forces by Lieutenant Colonel Ray Lane, a very experienced and highly decorated ordnance officer, he recalls finding a site in County Louth, along the Border, where he felt that explosives of the type that had been used in Omagh were tested within the Republic.

When I was an officer, from 1998 to 2000, I was assigned to the Chief of Staff's branch. As such, I attended the monthly intelligence briefs as a staff officer for the Chief of Staff, which were held on a monthly basis. They were presided over by the director of intelligence and director of operations and attended by all the general officers commanding of the Defence Forces. We were very well aware at that time that, within the Six Counties, and notwithstanding the Good Friday Agreement, Operation Banner, the longest lasting operation in the British Army, was still very much in place. At the height of that operation, there were approximately 10,000 to 12,000 full-time Royal Ulster Constabulary, RUC, members, 8,000 to 10,000 part-time RUC members, 10,000 members of the Ulster Defence Regiment, UDR, the largest regiment of the British Army, and approximately 10,000 part-time members of the UDR. Along with that, there were regular British Army units that rotated through Northern Ireland from Thiepval Barracks in Lisburn and Holywood. There were also what were called roulement battalions all along the Border, and these were usually elite units - the Parachute Regiment, 45 Commando, etc. In the late eighties and early nineties, there were approximately 60,000 armed personnel in Northern Ireland. Fermanagh, south Tyrone and Armagh, where this attack took place, was the laboratory for the surveillance society. You would have had surveillance cameras and one armed person for every eight or nine civilians. Is that where you would hide your weapons and explosives and prepare your attacks on crown forces? No. You would prepare for them, assemble them and plan them within the Republic. We have known, in the military and intelligence communities, since the start of the Troubles that the Republic has been the launchpad and, if you like, centre of gravity for the logistics, training and planning of attacks on what we referred to as Northern Ireland security forces.

In regard to the stated intent of the inquiries to find out what the UK authorities knew, I would say they knew a certain amount but the Irish authorities certainly knew a lot more. My concern would be that An Garda Síochána had knowledge of the preparation of this device and may have been aware of its location and direction of travel until it exited our jurisdiction and went into the Six Counties.

A lot of the people, including the director of intelligence who was in post at that time and senior members of An Garda Síochána, are still alive. However, the window of opportunity to do something like we did after the Civil War, when we took an oral history from all of the participants in the Civil War and the War of Independence, is closing very quickly. I know there is a kind of queasiness to ask people to give an account of what happened on their watch after the issue around the Boston tapes, but our grandparents and great-grandparents made a very good job of trying to find out what actually happened. I think that is something the Minister and Government should consider in the narrowing window of opportunity to find out what actually happened during the Troubles. It was a dirty war and it was fought on all sides in a dark manner.

We know from the Smithwick tribunal of inquiry and investigations into the killings of senior RUC officers Buchanan and Breen after they left Dundalk Garda station that there was collusion on all sides of the Border, between An Garda Síochána, which is the primary intelligence agency of the State, MI5, MI6, the RUC, RUC special branch, GCHQ - signals in Cheltenham - British Army intelligence, the force research unit, the Provisional IRA and loyalist groups. There was collusion on all sides. I would like to know if there are any plans for the Irish Government to explore that because in advance of any all-island settlement, we need to fully understand how we, if you like, fought the Troubles from the point of view of the Republic. I think we have to be intellectually and ethically honest about it. We cannot have peace and reconciliation without truth.

In May 1974, when I was seven years old, I was in town with my mother and grandmother. I was an altar boy in St. Canice's Church in Finglas, if you can believe it. We were getting my communion outfit. We were up around Henry Street when the devices went off in the Dublin bombings, which led to the deaths of 33 people and left 300 injured. What I remember about it was there was a bang and all the pigeons flew upwards. However, in 1999, when I was staff officer for the Chief of Staff, I was approached by a senior ordnance officer - I will be very brief - who disclosed to me that as an Army ordnance officer at the scene, he recovered a time-powered unit and detonator that were consistent with British Army issue. He filed that in his ordnance report. He was visited at home two days later by a senior member of An Garda Síochána and a person from the British intelligence services who was attached to the British embassy. He was asked to redact his report but he refused to do so.

In the same way that we would like to know who carried out the Dublin and Monaghan bombings, I know that our brothers and sisters in Northern Ireland would like to know with equal earnestness and interest who carried out the bomb that killed so many people in Omagh. There is an onus upon us and it behoves to be honest and ask the right questions. At some point in the future, if we cannot have some sort of an oral history project like we did after the Civil War, we should compel retired members of the Defence Forces and An Garda Síochána, at the most senior levels, to give their accounts of what actually happened during the Troubles.

Gabhaim buíochas leis an Aire as ucht na hoibre ar fad atá déanta aige agus ag an Roinn Dlí agus Cirt, Gnóthaí Baile agus Imirce chun an Bille a thógáil ar aghaidh. Is tábhachtach an rud é dul chun cinn leanúnach a dhéanamh ó thaobh saincheisteanna oidhreachta a bhaineann leis an Tuaisceart. Ní mór dúinn ár ndícheall a dhéanamh le hathmhuintearas a chur chun cinn i gcónaí agus todhchaí dearfach, cóir agus cothrom a chruthú do mhuintir an Tuaiscirt agus na glúnta atá le teacht.

The Omagh bomb, as the Minister, Deputy O'Callaghan, correctly said, was the single worst atrocity of the Troubles. It occurred, as noted by Senator Gallagher, slightly over four months after the signing of the Good Friday Agreement. It had the intention of extinguishing the hope that had been built up by the progressive efforts of those who sought to bring the conflict to an end and establish a lasting peace in Northern Ireland.

I welcome the Bill. It is very important for legacy and in promoting reconciliation. It honours the commitment in that regard made by the Government in the programme for Government. As has been outlined by the Minister, Deputy Jim O'Callaghan, the Bill facilitates participation by survivors and family members of victims and enables them to be present for the taking of evidence and to hear at first hand the evidence that is given before a High Court judge. This is a very positive step forward.

The importance of our ongoing co-operation with the UK Government and its authorities, in particular with the Secretary of State for Northern Ireland, Hilary Benn, is crucial. It is very important that all of our efforts in the area of legacy and promoting reconciliation continue to be done in a non-partisan way. The Bill is a very important step in the ongoing journey towards resolving legacy issues from the conflict in the North, in supporting survivors and family members of victims, and promoting reconciliation and helping to build a brighter, fairer and better future for all who call this island home. On behalf the Fine Gael group, I welcome the Bill and the debate that has taken place in the Chamber thus far.

We in Sinn Féin also support the Bill. The Omagh bombing inquiry was established by the Northern Secretary of State in February 2024 to investigate whether the bombing in the town of Omagh, County Tyrone, on 15 August 1998 could have been prevented by the British authorities. The Irish Government has rightly made commitments to assist with the inquiry and this Bill is to facilitate that assistance.

Sinn Féin has supported the demand of the families of the victims of the 1998 Omagh bombing for a full cross-Border public inquiry. The families deserve full transparency and full disclosure about the events which led to the killing of their loved ones. The Bill allows the authorities to take evidence from the Garda, Defence Forces personnel, civil servants and former Ministers to support the Omagh bombing inquiry. It sets procedures for requesting, giving and protecting such evidence. It provides judicial oversight and amends existing international co-operation law to facilitate this process. The mechanism provided for in the Bill is modelled on that contained in section 3 of the Criminal Justice (International Co-operation) Act 2019 for the taking of oral testimony from members of An Garda Síochána for the purposes of Troubles-related inquests.

National security limits could restrict disclosure because governments often protect intelligence sources and operations. While the Bill aims to support the Omagh inquiry, its consent-based approach means officials may decline to provide evidence and broad security claims could be used to justify withholding sensitive or potentially embarrassing information. In the past we have seen the British Government misuse a provision in relation to national security and fail to disclose information related to collusion. It is worth remembering that collusion between agents of the British state and loyalist paramilitaries was widespread and there has yet to be transparency on the part of the British state. The Irish Government should redouble its efforts to get full disclosure from the British Government on its illegal covert activities in Ireland. In particular, the British Government urgently needs to release all of the files on the Dublin-Monaghan bombs to Irish authorities, including material given to the Denton review, and to support a full truth recovery process. All victims and their loved ones deserve truth and justice and it is imperative that the Government plays its part in making that a reality. We support the Bill.

The Minister is very welcome. I thank him for bringing the Bill to the House today. He has very much listened to our concerns. As Northern Ireland spokesperson for the Fianna Fáil Party, I am aware that people closely involved with the inquiry and the bombing in Omagh hold real concerns about the openness of the Irish Government to date in disclosing information and receiving evidence. This is the smartest approach because anybody would be nervous going across the Border to Omagh to give evidence. The Bill even addresses for the first time some of the concerns raised by Senator Clonan. He raised other issues today that need further consideration.

The Bill, which honours the Government's commitment, is very welcome. As the Minister outlined:

The formal decision taken by the Government on 9 July 2024 to assist the inquiry, and to authorise officials to engage with the inquiry to explore mechanisms for working together, was taken in recognition of the importance of the inquiry for families and survivors and their quest for truth and justice. The programme for Government also clearly reiterates our commitment, stating that we will play our full part in legacy processes, including facilitating and supporting the Omagh inquiry.

Those words are very important. I am pleased that a memorandum of understanding was agreed last April. The Minister set out the interesting fact that 29,000 pages have already been disclosed. That is quite a volume of work. That is very welcome.

The Real IRA needs an awful lot more investigation. I also believe the relationship between Sinn Féin and some of the actors in the Real IRA who are being investigated also needs to be looked at. Its relationship with some of those actors needs consideration in relation to this inquiry. Another part of all of this is the relationship between Sinn Féin and the IRA over many decades, probably since the 1970s. Moreover, should we look-----

Can I ask for clarification?

The Senator can only come in if the Senator allows.

I am sorry. Can I ask for clarification?

No. I am sorry. The Standing Order states the Senator can only come in if the Senator allows him. Does Senator Blaney want to continue with the debate or does he want-----

I will continue with the debate.

Can I not seek clarification to find out what Senator Blaney is alluding to?

No. The Standing Order-----

He seems to know more than everybody else does so maybe he could outline it.

Senator, the Standing Order is quite clear. If the Senator in possession - whether it is Senator Andrews or any other Senator - does not wish someone to ask a question-----

It is disappointing that he just throws out those sort of allegations and does not make any sort of-----

No, every Senator is entitled to their speech without interruption.

It speaks volumes that he will not actually explain himself. It is very disappointing.

The Senator in possession is entitled to continue without being interrupted.

That says it all.

I call Senator Blaney.

The fact that Senator Andrews is the only one here representing Sinn Féin says it all for me.

This is very disappointing.

Senator Blaney, without interruption.

If Senator Blaney has something, why does he not say it?

Senator Andrews-----

I did not interrupt Senator Andrews.

Senator Blaney, without interruption.

Such things as the ownership of constituency offices should be investigated in this country because there are people of a certain party who seem to own all their constituency offices or the directors of Sinn Féin own them on their behalf. As for where those moneys have come from over the years-----

The Minister for justice is here. People can get that information.

Senator Blaney, without interruption.

-----and those directors and the other properties they own.

That is pretty-----

Sinn Féin is part of the richest empire in this State.

Is Senator Blaney supporting the Bill?

I am supporting the Bill but I am outlining my views like Senator Andrews did.

He is speculating and coming out with fairly serious accusations and he does not seem to-----

I ask Senator Andrews to stop.

I suggest that he go to the Garda.

Senator Andrews, you know the Standing order. The Senator in possession is entitled to continue speaking until the end of their time. I will allow more time because of the interruption.

The Omagh bombing was one of the most tragic incidents on this island.

It is important that we are transparent and open and have a proper investigation into these matters. We support the Minister with this Bill and look forward to deliberations starting in September.

I thank Senators for their contributions and acknowledge support across the House for the legislation I am introducing to the Seanad today. Obviously, the purpose of this legislation is to try to deal with the issue of legacy. Legacy is a big issue in Ireland that probably was not dealt with in the way people envisaged it would be. The reason legacy arises is that in many instances justice has not been delivered.

When a bomb was placed in Omagh in August 1998 in the knowledge that it would create havoc and murder and mayhem, the people responsible for that are the people who planted the bomb in Omagh on that day. Senator Gallagher raised some of the history of prosecutions in respect of this atrocity. Unfortunately, there have not been convictions before the criminal courts that have been sustained and that the families could refer to and point out the people who are responsible for the murder of their family member. We know the Real IRA was responsible for the atrocity, but the individuals have not been fully brought to account before the courts so that people can say justice was done.

In circumstances where the families can point to a court determination that justice has been done, the states, Ireland and the United Kingdom, tried to fill the gap by saying that although we may not be able to deliver justice, we will try to deliver answers. That is why inquiries are necessary and why the Omagh bombing inquiry is happening at present. As I have repeatedly said to families, however, inquiries, tribunals of inquiry and commissions of investigation do not deliver justice. They provide answers to questions being asked by the authorities. Ultimately, the real question the families of the Omagh victims want answered is who is responsible for this atrocity. There are people out there who have that information. If they have that information, they should bring it before the inquiry or to the attention of the PSNI. In circumstances where that has not happened, and it has not happened in this case for 28 years or so, it is necessary for the states to step in to try to provide some answers, even if justice cannot be provided.

The Bill we are dealing with is specifically in respect of the Omagh bombing, the worst atrocity of the Troubles. We have been able to agree a mechanism between the United Kingdom and Ireland as to how this inquiry can be facilitated by this State. It is challenging and difficult when there is an inquiry or judicial process in one state that needs the co-operation or involvement of entities in the other state. That has always been a difficulty. Notwithstanding the outstanding co-operation that exists between An Garda Síochána, the PSNI and the judicial authorities on both sides of the Border, there is always going to be a challenge when different legal systems confront each other, as they do on the Border of this island.

That is why the legislation we are introducing here is so important. A decision was made by the United Kingdom Government and Parliament to establish a bombing inquiry into Omagh. There are obviously many documents and many people in the United Kingdom who would be able to assist that inquiry. I hope and presume that all relevant documentation possessed by police forces or intelligence agencies in the United Kingdom will be provided through the inquiry and be publicly available for inspection by the inquiry. I similarly hope that the persons who have evidence to give will give evidence so the chairman can hear the full detail of what occurred.

What we are doing here is trying to facilitate that, and we are doing it in a number of ways. First of all, I did it in April 2025 by entering into a memorandum of understanding with the chairman of the inquiry, which said that I would provide to the inquiry all relevant documentation concerning the Omagh bombing. That referred, in particular, to documents that An Garda Síochána has in respect of the bombing or of its investigations into the bombing. There were thorough investigations done, and obviously the Garda has documentation that may be relevant to the inquiry. It is a sign of the co-operation and commitment of An Garda Síochána, and of me and the Irish Government, that to date 29,000 pages of documentation have been provided to the inquiry under the memorandum of understanding. There is a mechanism set out. I am not sure if there were redactions, but if there were on grounds of national security or protection of sources, there is a mechanism to enable the inquiry to see behind those redactions. This is a memorandum of understanding that has been put in place to facilitate the inquiry. On top of that, I introduced changes to the data protection regulations last year to facilitate disclosure of information.

The last part of the preparatory work in advance of the hearings that this State is putting in place is this legislation. It will mean that if there is evidence that can be given by a member of An Garda Síochána or the Defence Forces, or a former Minister, that can happen. It can happen in this jurisdiction with the chairman of the inquiry here, and then the evidence given here can be transposed into the evidence of the inquiry in Omagh and relied upon for the purpose of his inquiries. In my opinion, that is a smart response to a legal difficulty that has arisen because of the two different jurisdictions.

Senator Clonan spoke about compelling people to give evidence. We can compel people in this jurisdiction to give evidence, but we cannot compel people to give evidence in another jurisdiction. When it comes to compelling people I believe that the overwhelming number of members of An Garda Síochána or officials who may need to give evidence will do so voluntarily, as will be the case with former Ministers, Taoisigh or whoever else needs to give that evidence. We had a template for this previously under the 2019 legislation, where co-operation was provided to the Kingsmill inquest. The coroner responsible subsequently commended the Irish Government on the co-operation that was given in respect of the Kingsmill inquest. We have seen that this is a type of mechanism that has been effective in the past, and I believe it will be effective in the future.

Ultimately, for an inquiry to reach findings and prepare a report, it can only do so based on evidence. The documents are not evidence unless they are adduced in evidence and proven by an individual. Similarly, we need oral evidence from persons who have information. Unfortunately, I suspect we will not find out the persons responsible for the atrocity through the inquiry. What the inquiry seeks to do is identify whether or not anything could have been done by the UK state to ensure that it was stopped or averted. The scope of the inquiry is, to the extent necessary, to investigate issues relating to whether the Omagh bombing could have been prevented by UK state authorities. For that purpose, the inquiry is obviously keen to find out what information An Garda Síochána had and provided to the RUC in advance of the bombing. It is a useful mechanism.

I thank Senators for their contributions. When we talk about legacy, inquiries, tribunals and commissions of investigation, let us not lose sight of the fact that the people responsible in this instance for the Omagh atrocity were the people who murderously parked a car in the centre of Omagh town with a large bomb in it. They are the people responsible for this and they have to face up to their consciences. People will be aware of that and there are people out there who have evidence they could give to the inquiry. That evidence should be provided by them. Rather than always looking to the Irish State and what the Irish State is providing, there are people out there who have information, and they should give that. As Minister for justice, I appeal for people with knowledge of this to come forward and give information.

However, most of these people were involved in or supported paramilitary activity, and regrettably the history of legacy matters to date has shown us that they will not give information. This does not take away from the responsibility that I and that the Secretary of State for Northern Ireland have to ensure we can try to provide some answers for the families.

I reaffirm the Government's absolute commitment to co-operating with the Omagh bombing inquiry. We have done so to date and will continue to do so, notwithstanding any commentary in respect of it.

I thank the Minister and all the Senators for their contributions to this important debate.

When is it proposed to take Committee Stage?

Next Tuesday.

Is that agreed? Agreed.