Dáil Éireann Debate, Wednesday - 14 January 2026
116. Deputy Ivana Bacik asked the Minister for Justice, Home Affairs and Migration his views on his Department’s Bill to enable the taking of oral testimony for the purposes of the Omagh Bombing Inquiry; the rationale for only applying the Bill to retired officials with their advance written consent; the provision for access to records, in addition to the oral questions provided for, subject to vetting; and when he envisages such a Bill becoming law. [2577/26]
View answerOn 16 December 2025, I received Government approval for the priority drafting of the Criminal Justice (International Co-operation) (Amendment) Bill 2025 to enable the taking of oral testimony in this jurisdiction for the purposes of the Omagh Bombing Inquiry. Obtaining Government approval to progress this legislation marks another important milestone in delivering on the Government's commitment to facilitating and supporting the work of the Inquiry.
Assisting an inquiry established under the law of another sovereign state is legally complex and requires us to make every effort to find solutions. The proposed legislation 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 any witnesses involved.
The proposed legislation is modelled on the mechanism contained in the Criminal Justice (International Co-operation) Act 2019 to enable the taking of oral testimony for the purposes of UK Troubles-related inquests.
Recognising the significance of the Omagh bombing, the legislation builds on the 2019 model. It includes new features aimed at maximising the evidential opportunities available to the Chairman of the Inquiry to fulfil its terms of reference and to enhance transparency. This is in the interests of the victims' families and survivors and their search for truth and accountability.
These new features include extending the mechanism to other State bodies, in addition to An Garda Síochána, and to both serving and retired Gardaí, members of the Defence Forces and departmental officials. Core participants to the Inquiry, principally family members and survivors, will be facilitated to be present and hear first hand the evidence given before the High Court judge. The new features also enable the inquiry to ask questions to clarify evidence given by a witness to the judge.
It is important to recall that retired people are now private citizens and cannot be compelled to give testimony for the purposes of an inquiry in another jurisdiction though they may, of their own volition decide to attend such an inquiry. In choosing to do so, they would remain subject to certain residual obligations in respect of sensitive information acquired during their service but would not have benefit of the privileges and immunities to which they are entitled under Irish law. My proposals seek to provide a means for those retired members and officials to provide testimony to the Inquiry under Irish law if they wish to do so.
The legislation will add to the suite of measures already implemented to assist the Inquiry. 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 in November to enable the disclosure of sensitive personal data to the Inquiry.
Drafting of the Bill is underway with a view to it being enacted this term.
