Jim O'Callaghan

Justice, home affairs and migration minister Jim O’Callaghan yesterday announced two measures he has taken further to the memorandum of understanding agreed with the chairman of the inquiry earlier this year.

Scottish judge Lord Turnbull is chairing the statutory inquiry into the preventability of the 1998 bombing, which was orchestrated by the Real IRA and led to the deaths of 29 people and two unborn children as well as injuries to 220 people.

The inquiry was ordered following a 2021 ruling by Northern Ireland’s High Court which found there was a “plausible case… that the authorities knew the identities of many of those committed to and involved in this violent insurrection against the Northern Ireland state and arguably could have done more to disrupt their activities”.

Mr O’Callaghan has signed regulations under section 2B of the Data Protection Act 1998 to support the disclosure of personal data to the inquiry by his department in its role as the central contact point for receiving and handling requests for materials from the inquiry, which he said was a matter of substantial public interest.

He has also issued a directive to the Garda commissioner under section 37 of the Policing, Security and Community Safety Act 2024 to support the co-operation by An Garda Síochána with the memorandum of understanding, and in particular, the processing of personal data in connection with its operation.

All materials disclosed to the inquiry will be treated in accordance with the terms of the memorandum.

Mr O’Callaghan said: “The signing of the agreement with the chairman of the inquiry last April was 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 and their quest for truth and justice.

“These further initiatives will support the operation of the memorandum and the on-going work of my department, in conjunction with An Garda Síochána and other departments and agencies, of furnishing potentially relevant materials to the Inquiry to enable it to discharge its terms of reference.”

The minister noted that An Garda Síochána, as the principal repository of relevant materials, has a dedicated team in place supported by national and divisional resources as required to ensure the timely provision of assistance to the Inquiry.

He also highlighted the “legal complexities” of Ireland, as a sovereign state, assisting an inquiry established under the laws of another sovereign state.

He said that engagement will continue 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.

“In line with the government legislation programme, I anticipate bringing proposals to government shortly to provide for the taking of oral evidence from witnesses for the purposes of the inquiry,” Mr O’Callaghan said.