Dáil debates

Tuesday, 27 January 2009

Ceisteanna — Questions

Northern Ireland Issues.

3:00 pm

Photo of Eamon GilmoreEamon Gilmore (Dún Laoghaire, Labour)
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Question 4: To ask the Taoiseach if he will make a statement on his attendance at the commemoration ceremonies to mark the tenth anniversary of the Omagh bombing. [30107/08]

Photo of Eamon GilmoreEamon Gilmore (Dún Laoghaire, Labour)
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Question 5: To ask the Taoiseach if he has received a request from the relatives of the Omagh bomb victims for a meeting to discuss reports that intelligence information was available to the British authorities that might have averted the bombing; his views on the request; and if he will make a statement on the matter. [30953/08]

Photo of Enda KennyEnda Kenny (Mayo, Fine Gael)
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Question 6: To ask the Taoiseach if he will report on his attendance at the event to mark the tenth anniversary of the Omagh bombing; and if he will make a statement on the matter. [32694/08]

Photo of Caoimhghín Ó CaoláinCaoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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Question 7: To ask the Taoiseach if he will report on his attendance at commemoration ceremonies to mark the tenth anniversary of the Omagh bombing; and if he will make a statement on the matter. [43739/08]

Photo of Brian CowenBrian Cowen (Laois-Offaly, Fianna Fail)
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I propose to take Questions Nos. 4 to 7, inclusive, together.

I attended the commemoration ceremony on Friday, 15 August, held to mark the tenth anniversary of the Omagh bombing. The ceremony, organised by Omagh District Council, was a moving tribute to the victims and their families and to the emergency and medical services who assisted on that terrible day. At the new memorial garden I laid a wreath on behalf of the Government and the people of Ireland in remembrance of those whose lives were taken. Later, I had an opportunity to meet briefly with the families, and I expressed my solidarity and that of the Government with all of those affected from the town and the wider community. Both ministerial colleagues and I have received correspondence from the relatives about their concerns. However, I have not received a formal request for a further meeting.

The Government noted the contents of the "Panorama" programme and also the Prime Minister's announcement of 17 September last when he asked Peter Gibson, Intelligence Services Commissioner, to report on the matter. The Minister for Foreign Affairs, Deputy Micheál Martin, had also raised the allegations from the "Panorama" programme with the Secretary of State, Shaun Woodward. The Gibson review has been completed and the conclusions of the report have been published.

The Garda Síochana maintains close contact with the Police Service of Northern Ireland regarding all matters of cross-Border crime, including the investigation into the Omagh bombing. As criminal proceedings continue in this jurisdiction in connection with the bombing, it would not be appropriate for me to comment in detail.

There is also a civil case ongoing in Northern Ireland. That case has heard evidence in the South and has also heard evidence from the Garda.

Photo of Eamon GilmoreEamon Gilmore (Dún Laoghaire, Labour)
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I thank the Taoiseach for his reply.

I am sure the Taoiseach will recall that in the immediate aftermath of the Omagh bombing, emergency legislation was introduced in both jurisdictions. Statements were made to the effect that no stone would be left unturned until those who had committed the atrocity were brought to justice.

The unfortunate reality is that nobody has been convicted of the bombing per se. There have been a number of suggestions about how matters might be progressed. One suggestion, made by the families of the Omagh bomb victims, is that a cross-Border inquiry might be initiated. I understand that proposal has the support of the First Minister and Deputy First Minister of Northern Ireland. There has also been the suggestion by the Irish Human Rights Commission and the Northern Ireland Human Rights Commission that a judge of international standing should be appointed to review all the available material in connection with the bombing.

Does the Taoiseach support either of those suggestions? How does he see an inquiry into the Omagh bombing being reconciled with the Eames-Bradley proposals? These are largely to the effect that no further inquiries should be undertaken in respect of the Northern Ireland atrocities.

A second issue relates to the "Panorama" programme. The Taoiseach said that the conclusions of the report of the Intelligence Services Commissioner had been published. However, as I understand it, all that was published were the summary conclusions of that report. Has the full report been made available to the Government? If not, is the Government seeking the full report of the Intelligence Services Commissioner?

Photo of Brian CowenBrian Cowen (Laois-Offaly, Fianna Fail)
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With regard to the second matter, as the Deputy said, the conclusions of the Gibson report, which were published last week, do not support the allegations made in the "Panorama" programme that at the relevant time vital intercept evidence which might have prevented the bombing or help bring the perpetrators to justice was not passed sufficiently promptly to the police. That was not the finding of the Gibson report when it looked into those allegations. As the report deals with intelligence matters within the British system, it is subject to legal constraints. On that basis, I do not expect we will receive a full copy of the report.

With regard to the Eames-Bradley proposals, I understand they have yet to be presented formally. There was talk in the media during the week as to what the content may be but the proposals have not been formally published, or that was certainly the case earlier this week. Until such time as we have it and give it proper consideration, comment by me would not be helpful.

Clearly, it is a very difficult area, as Deputies know. Both Mr. Bradley and Archbishop Eames are held in high regard. They have obviously put a point of view arising from all of their consideration of the matter. There have been various comments on the reported contents of the report, and based on some of those comments, it may not meet with full support. However, it is best to await the publication of the report to see exactly what it says. I understand the report runs to 160 pages, covering such themes as the legacy of the past, reconciliation, support for victims and survivors, addressing society issues and justice and information recovery. As I said, a more detailed response would be preferable when the report is received.

Regarding the question of a cross-Border body, it is not something we propose to set up. I fully understand the continuing hurt and suffering of the Omagh families and the pain the people of Omagh have felt, which is as deep as it was at the time of the atrocity. We have had a number of trials and investigations on both sides of the Border and there is still a criminal case before the courts here, on which it would not be appropriate for me to comment, I am advised. A civil case which the families have taken is also ongoing. We have been able to see gardaí giving evidence, and we have heard evidence in the South on that issue. The question of whether a further review of all the evidence, in addition to what the Ombudsman at the time and others reported on, would be of greater benefit than concentrating on the criminal case that is still ongoing, is an issue that can be considered with regard to whether it would add to the situation or not.

I know this is a very difficult situation for the families and I do not want anything I say to be interpreted in any way as being less than sympathetic to them, but all of these various cases have been and are being taken in an effort to bring the perpetrators to justice, which, at the end of the day, can only be done through the criminal law.

Photo of Enda KennyEnda Kenny (Mayo, Fine Gael)
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As an aside to this question, I suggest the House should congratulate Senator George Mitchell on his appointment as special envoy to the Middle East. His experience in Northern Ireland, his brilliant patience and his grasp of detail will stand him in good stead in what is an exceptionally difficult situation. I hope he takes the opportunity to visit Ireland on his frequent travels across the Atlantic when dealing with his new responsibility.

As we are all aware, ten years ago the Real IRA bomb killed 29 people, including a woman pregnant with twins. I understand six families have taken a STG£14 million civil case against five men they believe were responsible for this atrocity. Lord Brennan, who represents these families, has said this is the first time that civilians have confronted terrorists in the courts, which from the families' point of view, as private citizens, is an act of courage.

Did the Taoiseach raise with the British authorities the issue of the release of surveillance evidence to the families? As I understand it, the surveillance evidence that is available to the British authorities could be used by the families in the civil case they are taking against those they believe perpetrated this atrocity. If the Taoiseach did raise the matter with the British authorities, what sort of response did they give him? This evidence and these tapes were raised by at least a dozen cross-Border members of the British-Irish Interparliamentary Body in October 2008. Will the Taoiseach give an update on what has happened and the current position in this regard? The Real IRA was responsible for that bomb. Does the Taoiseach have a view on the actions of the Minister for Justice, Equality and Law Reform, who made representations about Mr. McKevitt following receipt of a letter? He said that he was duty bound to have compassion and empathy. The same Minister did not show compassion and empathy to the families of the Omagh bomb victims when he refused to apologise to them for the distress caused by his action. Does the Taoiseach have a view on this matter?

Photo of Brian CowenBrian Cowen (Laois-Offaly, Fianna Fail)
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I have not raised the matter of surveillance evidence with my counterpart. If a question is put to the Minister for Foreign Affairs or the Minister for Justice, Equality and Law Reform, the relevant line Ministries may be able to shed further light on that matter.

Regarding the second matter, the Minister for Justice, Equality and Law Reform has made his position clear. It should not be misrepresented in any way, or suggested that he is in any way ambivalent about actions of violence or people who perpetrate violence.

Photo of Enda KennyEnda Kenny (Mayo, Fine Gael)
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I did not wish to express any ambivalence. The point I made was that he expressed compassion and empathy arising from a letter and he refused to apologise to the families. The Minister for Justice, Equality and Law Reform should have shown equal compassion and empathy for their plight and should understand the stress and the serious concern expressed by them arising from his actions.

Photo of Caoimhghín Ó CaoláinCaoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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Does the Taoiseach not agree that all the information now before us is compelling and, as the families of the victims and the survivors have called for time and again, that a fully independent all-Ireland public inquiry into the events that led up to the bombing and the subsequent investigation should be carried out? Does the Taoiseach accept that the body of evidence supporting such a call must include the exposure in the BBC "Panorama" programme, to which he referred, of the role of the UK Government Communications Headquarters, GCHQ, surveillance operation on mobile telephones used by the individuals involved in the transportation of that device or devices on that day? Does the Taoiseach accept that there are clear and strong indications that the people responsible were heavily infiltrated by British and other intelligence agencies? Does he accept that there is a question mark regarding the failure to make an intervention prior to the bombing, and the quality of the investigation that occurred subsequently?

Questions have been posed by victims, survivors and others, covering all opinion, regarding whether there were other factors in the consideration of those given responsibility to investigate the Omagh bombing, for example, the protection of information trails and informers within the ranks of those involved in carrying out that terrible atrocity on that day. These matters can only be properly investigated and answered through the setting in place of a fully independent public inquiry on an all-Ireland basis, for which the families concerned have called, because of all the information shown. Does the Taoiseach accept that this is the case and will he agree to the request in the interest of the achievement of truth and justice for the dead, the survivors and the victims' families?

Photo of Brian CowenBrian Cowen (Laois-Offaly, Fianna Fail)
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The way justice is achieved for the families is to bring the perpetrators to justice. That is the purpose of criminal law, procedure and investigation. That is the issue. There is still a criminal case before the courts relating to this matter. The Garda will continue to work with others to establish in what way it can bring the perpetrators to justice. The contention or idea that the forces of law and order are less than anxious to do so, or in any way not committed to trying to do so, would be to take away from the efforts that must be made.

I am aware that members of the Judiciary and others have made statements on, or referred to, the investigation or various aspects thereof in the course of several criminal trials that have been held before the courts. Ultimately, however, the Garda and those under our jurisdiction will continue to work in every way they can to ascertain whether they can successfully bring a prosecution in this case. This is the real means by which the perpetrators of this terrible crime can be brought to justice.