Statement on the agreement of a Memorandum of Understanding with the Omagh Bombing Inquiry

The Minister for Justice, Jim O’Callaghan T.D. has signed a Memorandum of Understanding with the Chairman of the Inquiry, Lord Alan Turnbull on matters relating to the disclosure of materials to the Omagh Bombing Inquiry. The Government authorised the signature by the Minister at its meeting earlier today.

The agreement reflects the Government’s decision in July 2024 to assist the Inquiry to the extent that is permissible under the Constitution and laws of the State. The Programme for Government reiterates that commitment, stating that we will “play our full part in legacy processes… including facilitating and supporting the Omagh Inquiry.”

The Memorandum sets out the working arrangements that will apply between the Inquiry and the Minister on the lawful disclosure of materials from Government Departments and their agencies to the Inquiry to assist it in carrying out its terms of reference. It also addresses the onward disclosure of those materials and their destruction or retention at the conclusion of the work of the Inquiry.

As recorded in the Memorandum a central point of contact has been established in the Department of Justice to receive and manage all requests for materials from the Inquiry.

The Minister’s Department and the Inquiry will maintain regular contact to support the operation of the Memorandum.

The Minister will continue to engage with the Inquiry to find solutions consistent with Irish law to fulfil the Government’s commitment to assisting the Inquiry. This includes the giving of oral testimony for the purposes of the Inquiry. As the Government has made clear, should it be necessary to bring forward legislation to support this assistance to the Inquiry, then this will be done.

Commenting on the agreement, Minister O’Callaghan said:

“The signing of this agreement with the Chairman of the Inquiry is an important step forward in delivering on the Government’s commitment to facilitating and supporting the work of the Inquiry. That is in the best interests of the victims’ families and survivors.

“I want to acknowledge and thank the Inquiry for their commitment to finding a means of navigating the legal complexities in the relationship between Ireland, as a sovereign state, and an inquiry established under the laws of another sovereign state.

“The agreement provides transparency in relation to how the Government will fulfil its commitment and provides a clear framework to guide Departments and their agencies who may hold materials potentially relevant to the work of the Inquiry.

“My Department is already managing requests for materials from the Inquiry and engaging with relevant agencies, including An Garda Síochána.

“The need for any further action to be taken by the Government in the course of, or following the conclusion of the Inquiry, will be kept under review.”

The Tánaiste and Minister for Foreign Affairs and Trade, Simon Harris TD, said,

“Addressing the legacy of the Troubles in Northern Ireland is fundamental to securing peace and reconciliation on the island of Ireland.

In the Programme for Government, we commit to play our full part in legacy processes - the signature today of the Memorandum of Understanding with the Omagh Bombing Inquiry is a key step in delivering on that commitment. The Government will continue to support the work of the Inquiry to ensure that victims are afforded the truth and justice that they deserve.”

Notes to editors

The Inquiry was established by the UK Government on 21 February 2024 to investigate whether the bombing could have been prevented by 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 preliminary hearing of the Inquiry on 30 July 2024.

The Memorandum of Understanding is available at https://assets.gov.ie/static/documents/Memorandum_of_Understanding_Omagh_Bombing_Inquiry.pdf