Jim O'Callaghan

The justice, home affairs and migration minister yesterday confirmed ministers had agreed to draft legislation to enable the taking of oral testimony for the purposes of the inquiry.

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

Work will commence immediately on the drafting of the bill with a view to it being in place for the inquiry’s evidential hearings due to start next year.

The proposals have been sent to the inquiry to give Lord Turnbull an opportunity to comment on them and to engage with the minister’s officials.

Government officials say the proposed legislation will be 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.

However, it builds on the 2019 model through new features which are “aimed at maximising the evidential opportunities available to the chairman of the inquiry to fulfil his terms of reference and to enhance transparency”.

The mechanism will be available to the chairman over the full lifetime of the inquiry and will allow for assistance to be sought as matters arise in the course of its work.

Mr O’Callaghan said: “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.

“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.

“The Kenova final report published last week [about Stakeknife] is another forceful reminder of the appalling suffering from the brutality of the Troubles.”

He continued: “Assisting an inquiry established under the law of another sovereign state is legally complex and requires us to make every effort to find solutions.

“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.

“I am publishing the proposals today and sending them to the inquiry to provide an opportunity for comment should the chairman and his team wish to do so.

“I will consider any reasonable accommodations that they may seek during the drafting of the bill.

“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 general scheme of the Criminal Justice (International co-operation) (Amendment) Bill 2025 will be referred to the Oireachtas committee on justice, home affairs and migration.