Omagh Bombing

Lord Browne of Ladyton Excerpts

Thursday 9th February 2023 Lords Chamber

[Lord Caine (Con)]

I am most grateful to my noble friend for her comments and question. She will be aware that, in the course of meeting many victims’ groups in Northern Ireland, I have had similar points put to me, not least by the South East Fermanagh Foundation in the constituency the noble Baroness used to represent in the Northern Ireland Assembly. Others have made the similar points over the years also. My noble friend is right to point out that Justice Horner did express a desire that a simultaneous Article 2-compliant investigation should occur in Ireland. He recognised it was not within the court’s power to order a cross-border investigation, and nor is it in the power of His Majesty’s Government to compel the Irish Government to do so. However, it is an issue which I take seriously, as do many others, and I will raise this again, including when I next see Irish Ministers to discuss legacy matters in Dublin or elsewhere, which I hope to do very soon.

[Lord Browne of Ladyton (Lab)]

My Lords, I support this decision while noting, as other noble Lords have done, including the Minister himself, that we cannot fully scrutinise it until we know who the chair will be and the finalised terms of reference for the inquiry. I wish to associate myself with the words of sympathy, support and admiration for the Omagh families, and Michael Gallagher in particular, who tragically lost his son, Aiden, in this dreadful atrocity. They have shown amazing resilience.

I commend this Statement in particular because I think it very fully sets out the history of investigations and inquiry thus far and shares with us the factors which were taken into consideration by the Secretary of State, the department and, I suspect, the Minister who is answering these questions, in coming to this decision.

Following on from the question the noble Baroness, Lady O’Loan, asked the Minister, does the Minister appreciate that the process of thought in this Statement, which inexorably leads to the conclusion that a judicial inquiry is necessary to meet the Government’s Article 2 procedural obligations under the European Convention on Human Rights, provides a template for any future legal challenge that will undoubtedly follow the passing and implementation of the provisions of the Northern Ireland Troubles (Legacy and Reconciliation) Bill, if it passes this House in its present form?

[Lord Caine (Con)]

I am grateful to the noble Lord, who is another distinguished former Northern Ireland Office Minister. He referred to Article 2 obligations, and of course His Majesty’s Government do take those obligations very seriously and considered them carefully when coming to the decision in this case. I am grateful to him for his support for the decision that has been taken. He will be aware, notwithstanding, that it would simply be impossible to have a public inquiry into every unsolved killing in the Troubles. What we are trying to do in the legacy Bill, as I have explained on a number of occasions, is provide more information about what happened to loved ones, victims and survivors of terrorism. We are confident that the bodies that will be established under that legislation, should it pass your Lordships’ House, would be Article 2-compliant and the noble Lord will be aware that I brought forward amendments in Committee to make it very clear on the face of the Bill that Article 2 obligations would be met. I will continue to look at that issue as it progresses further through your Lordships’ House.