Dáil Éireann Debate, Wednesday - 16 February 2005
97 Mr. Wall asked the Minister for Justice, Equality and Law Reform if he will offer the support of the Government to the survivors and relatives of the Omagh bombing in pursuit of justice through the civil courts; if he will use the powers available to him to transfer public court records from the Special Criminal Court, which are being sought by the families to pursue a civil case in Northern Ireland; and if he will make a statement on the matter. [4956/05]
Amharc ar fhreagraI would advise the Deputy that neither I nor my Department can procure the court records the Deputy refers to. However, I can assure the Deputy that the Government and I remain willing to assist the survivors and relatives of the Omagh bombing with their civil action to the greatest extent possible allowed by law.
Section 8(7) of the National Archives Act 1986 provides for the transfer of departmental records to the National Archives which are less than 30 years old. However, section 8(7) also stipulates that any records so transferred shall not be made available for public inspection except in accordance with the Act. It would appear, therefore, that, even with early transfer, the records in question could not be made available for public inspection until and if they are so authorised when they are 30 years old.
In any event, as the Taoiseach outlined in this House recently, the matter is the subject of awaited legal advices from the Attorney General. My preliminary understanding is that jurisdiction in this matter is vested in the High Court.
