Former First Minister Baroness Foster calls for UK legal action against Irish government on Omagh

29 people and two unborn babies were murdered in the republican attack in August 1998. A group calling itself the Real IRA detonated a car bomb in the market town on a busy Saturday afternoon.

The former DUP first minister posted on X saying: “The [terms of reference] again highlight the need for a parallel public enquiry in RoI and the scandalous decision by the Irish Govt not to hold one.

"Our Government should NOT let this slide but instead take a case against the Irish Govt for their neglect and obfuscation”.

It came as the UK government announced it had established a public inquiry to learn lessons from the failure of UK authorities to stop the attack.

In a statement to the House of Commons, Secretary of State Chris Heaton-Harris said: “This was a heinous act carried out, not just on the people of Omagh, but on all those in Northern Ireland who supported the peace process.

“On 12 June 2023 I announced the appointment of Lord Turnbull KC as Chairman of the Omagh Bombing Inquiry.

“Since his appointment, I have been working with Lord Turnbull to agree the Terms of Reference for the Inquiry. I can confirm that the inquiry’s Terms of Reference have now been finalised”.

The Inquiry will seek to establish whether the car bomb attack could have been prevented by UK state authorities, as well as:

- the background and context to the Omagh Bombing, the assessment by UK state authorities of the threat posed in Northern Ireland by dissident republican terrorists from 1st December 1997 to the date of the Omagh Bombing. This shall include consideration of any change in the assessment following the Belfast Agreement on 10th April 1998.

- The adequacy of the measures taken by UK state authorities, including the police, security forces and Intelligence and Security Agencies, to disrupt those dissident republican terrorists who had been involved in terrorist attacks or attempted terrorist attacks in the period from 1st December 1997 to the Omagh Bombing. This shall include consideration of any change in the measures used or approach taken by UK state authorities following the Belfast Agreement on 10 April 1998.

- The adequacy of the policies and practices of UK state authorities, including the police, security forces and Intelligence and Security Agencies, in sharing intelligence between themselves and with the authorities in the Republic of Ireland on the activities of those dissident republican terrorists who had been involved in terrorist attacks or attempted terrorist attacks in the period from 1st December 1997 to the Omagh Bombing.

- The allegation made by Norman Baxter (former Senior Investigating Officer in the investigation into the Omagh Bombing) in the course of his evidence to the Northern Ireland Affairs Select Committee on 11 November 2009, that police investigators into previous attacks in Moira (20 February 1998), Portadown (9 May 1998), Banbridge (1 August 1998) and Lisburn (30 April 1998) did not have access to intelligence materials which may reasonably have enabled them to disrupt the activities of dissident republican terrorists prior to the Omagh Bombing.

- Information relating to dissident republican terrorist activity said to have been passed to police between June and August 1998 by an alleged British security forces agent known by the name of Kevin Fulton and whether that might reasonably have enabled UK state authorities, whether on its own or in conjunction with other information, to disrupt dissident republican terrorists engaged in the planning and preparation of the Omagh Bombing.

- The nature of the intelligence said to have been obtained by the UK Government’s Communication Headquarters (GCHQ), including from alleged vehicle and telephone monitoring, of dissident republican terrorists involved in the planning, preparation and conduct of the Omagh Bombing and other earlier attacks.

- The adequacy of the analysis and handling of and response by UK state authorities to any intelligence obtained by GCHQ, including from vehicle and telephone monitoring, of dissident republican terrorists involved in the planning, preparation and/or conduct of the Omagh Bombing and other earlier attacks.

- The extent and adequacy of steps taken by UK state authorities to track and analyse the mobile telephone usage by those suspected to be involved in dissident republican terrorist attacks before the Omagh Bombing and whether that might reasonably have enabled UK state authorities to disrupt dissident republican terrorists engaged in the planning, preparation and/or conduct of the Omagh Bombing.

- Any other matters which are relevant to whether the Omagh Bombing on 15th August 1998 could have been prevented by UK state authorities. To the extent it is relevant to the issue of preventability by UK state authorities, this may include information sharing and investigations with and by state authorities in the Republic of Ireland.

The Chairman of the Omagh Bombing Inquiry, the Rt Hon Lord Turnbull will lead the investigation.

Lord Turnbull visited Omagh after his appointment last year, where he met with some of the families affected by the bombing to consider their views about what the Inquiry should investigate.

He has said the Inquiry will be an entirely independent body, free of influence from the Government and other United Kingdom authorities and agencies. The Chairman will also “seek to ensure that the voices of those affected by the bombing are heard and he intends to hold commemorative hearings in Omagh this year”.

Lord Turnbull also says the Terms of Reference will allow him to conduct a “thorough and robust” investigation.

The Omagh Bombing Inquiry is an independent statutory inquiry, established under the Inquiries Act 2005 in February 2024 by the Secretary of State of Northern Ireland.