Dáil debates

Wednesday, 9 February 2005

10:30 am

Photo of Pat RabbittePat Rabbitte (Dublin South West, Labour)

I do not want to press the Taoiseach further on this issue. It is a critically important matter for the Omagh families concerned who have not merely endured such an atrocity but other setbacks. The decision appears to be a procedural one of the Special Criminal Court that it feels unable to release these documents although, I repeat, they are no more than a verbatim account of what transpired in public court. It has decided it does not have jurisdiction and has suggested that the only court that might have jurisdiction would be the High Court but legal opinion is divided. The High Court may well say these are papers proper to an another court. What is at issue is that lawyers on behalf of the Omagh families need access to these documents. The Northern Ireland courts have made it clear they need access to the documents. I am suggesting a route which I am advised would allow access to documents that are not otherwise accessible whereby the Minister for Justice, Equality and Law Reform has the power, as an exception to the 30 year rule, to cause them to be transferred to the National Archives where they can be accessed by anybody.

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