Northern Ireland Troubles legacy act: Omagh Bomb victim slams Irish Government for legal action against UK while refusing to open its own files

Taoiseach Leo Varadkar is taking an interstate case against the UK Government over its proposed Legacy Act in the European Court of Human Rights.

He said the “strong” legal advice was that the UK Legacy Act breached the UN Convention on Human Rights.

On Monday it was revealed that the Northern Ireland Secretary Chris Heaton-Harris has written to Irish Minister for Foreign Affairs, Micheal Martin, in response, challenging him to list the number of Troubles-related prosecutions in the Irish state since 1998.

Mrs Monetith also challenged Dublin’s legal case against the UK, as it has refused to comply with a Belfast High Court call for public inquiries into the bombing on both sides of the border.

"The Irish government wants all their questions answered but when the shoe is on the other foot, they have no notion of doing it whatsoever," she said. "It's absolutely ludicrous that they've taken this legal action, given the fact that they have denied us so much."

John Sproule's brother, Ian, was murdered by the IRA in Castlederg in 1991. The IRA tried to justify the attack by producing a Garda intelligence report which alleged he was in the UVF - which his family rejects.

"When I saw it on TV it made me sick," he said of Dublin's legal action. "I've been campaigning from 2014 for answers from the Republic about collusion in my brother's murder but I have got nothing. Yet they demand truth and justice from Britain? It is ridiculous.”

Victims Campaigner Kenny Donaldson of the South East Fermanagh Foundation noted that former Irish Justice Minister Senator Michael McDowell revealed in 2021 that the Irish government had given a secret amnesty to the IRA . He said the UK are therefore "honourable rogues" for passing similar legislation publicly.

He added that he was only aware of Dublin prosecuting one Troubles case since 1998 - but it was the murder of a Garda and Irish soldier.

"For 12-13 years we have lobbied the Irish State for redress around its extradition record, and on cases including Omagh, Kingsmills, Ian Sproule, Terence McKeever, the Narrow Water massacre," he said. "However we have found that there has been an absence of will in progressing any of them."

However Sinn Fein MLA Conor Murphy strongly backed Dublin's legal action. He claimed the UK Government’s approach to legacy has “been about satisfying its own electoral interests” and “motivated by its own backbenchers and their desire to protect British Crown forces who were involved in all sorts of activities here over the course of the conflict”.

But DUP Legacy spokesperson Emma Little-Pengelly MLA called on Sinn Fein to clarify whether Dublin should hold its own public inquiry on the Omagh bomb.

When pressed on the question by the BBC on Monday, she said Mr Murphy seemed to be "throwing dust in the air" on this issue by calling for an all-Ireland inquiry instead.

The News Letter asked the Irish Department of Justice the following questions;-

1) Chris Heaton-Harris has pressed Irish government to confirm how many legacy prosecutions it has carried out since the GFA. How many are there? According to Michael McDowell it would be zero due to an informal deal with republicans.

2) Why has the Irish government has refused to carry out a public inquiry into the Omagh Bombing?

3) Why has the Irish government has refused to disclose any significant information (including an internal Garda report) to the family of Castlederg man Ian Sproule regarding allegations of Garda collusion with the IRA in his murder?

4) Will the Irish authorities ever release the secret court transcript on the Dublin court hearing last year about the Kingsmills Massacre?

The Irish Department of Justice provided the following response, which appeared to avoid answering most of the questions:

POST 1998 TROUBLES PROSECUTIONS IN REPUBLIC OF IRELAND

Responsibility for the bringing of prosecutions is a matter for the Director of Public Prosecutions (DPP). The DPP is entirely independent in carrying out her functions as provided in the Prosecution of Offences Act 1974.

Responsibility for the investigation of unresolved criminal offences is, and will remain, the responsibility of the Garda Authorities. Investigations remain open in this jurisdiction and any new information that comes to light will be investigated by the Garda Authorities.

The vast majority of murders during the Troubles took place in Northern Ireland. Given this fact, the issue of cooperation with UK led Processes is important and as part of our ongoing commitment to progressing issues related to the past, the Irish Government has worked to facilitate requests for cooperation and sharing of information with UK led processes. It is also the case that very good long-standing cooperation between the police and security services North and South has now been in place for many years in the pursuit of investigations. It has served both jurisdictions well and has been recognised by both Governments and continues.

OMAGH

The Irish authorities will assist the UK inquiry and officials stand ready to engage in this regard. The Irish Government is anxious to ensure as far as possible, that by the end of the UK inquiry, there are no unanswered questions relating to the Omagh bombing that can only be examined in this state. The Tánaiste and Minister for Justice, in consultation with their Cabinet Colleagues, will keep under consideration what further action may be required.

IAN SPROULE

The murder of Mr Ian Sproule by the Provisional IRA was an appalling act with no justification. Allegations have been made that members of An Garda Síochána colluded with the murderers of Mr Sproule. These allegations were investigated at the time and no evidence to support the allegation was found. If any new evidence comes to light it will of course be fully investigated. An Garda Síochána has engaged with the family in terms of any assistance that might be provided by An Garda Síochána. In August last year a fresh inquest in Northern Ireland was announced.

KINGSMILLS MASSACRE

The Irish Government has facilitated very considerable co-operation by the Garda Authorities with the Kingsmill inquest in Northern Ireland and have taken unprecedented legal measures to facilitate co-operation.

In June 2015 the Government approved the issuing of a Directive under Irish Data Protection legislation to facilitate the Garda Authorities to respond positively to the request from the Northern Ireland Coroner to make available relevant Garda records to the Inquest. On foot of this, the relevant Garda records were transferred that year to the Northern Ireland Coroner and further requests for disclosure have been substantively responded to by An Garda Síochána.

On foot of this documentary co-operation provided, the Coroner requested a member of An Garda Síochána to provide testimony to the inquest. In the absence of a mechanism to allow Garda attendance at an inquest outside of the State, the Criminal Justice (International Cooperation) Act 2019 was enacted which provides a mechanism by which testimony can be taken for the inquest. Last year this testimony was taken on foot of a request by the Coroner in accordance with the provisions of section 3 of the Act of 2019. Section 3 is provided below.

The Garda Authorities have provided significant support to the Coroner and remain ready to engage on any further queries which the Coroner may have.