Emergency services at the scene of the bombing in Omagh on 15 August in 1998

Govt should oppose aspects of UK Troubles Bill - cttee

05 Nov 2026, 07:40 · RTE.ie

The Government should formally oppose proposals requiring the Attorney General for England and Wales to give consent for Troubles-related prosecutions, a group of Irish legislators have recommended.

Concerns have been raised that the amended Northern Ireland Troubles Bill, sent forward to the UK House of Lords two weeks ago, could undermine the independence of prosecutorial decision making.

The Oireachtas Justice Committee has completed pre-legislative scrutiny of the general scheme of the Government's legacy legislation.

The Press Association understands that its report recommends opposing the involvement of the Attorney General in such decisions, as well as any amendment that would remove provision for legacy inquests after the Legacy Commission is wound up.

The Attorney General for England and Wales is a political appointee, with a separate Attorney General for Northern Ireland appointed by the First Minister and deputy First Minister under devolution.

It has further recommended that an interstate case taken by the Irish Government against the British Government be maintained until all concerns around legacy inquests are addressed.

The committee's report will be published today and its recommendations will be sent to Minister for Justice Jim O'Callaghan.

The report contains a foreword by committee chairman and Sinn Féin TD Matt Carthy which welcomes co-operation with legacy mechanisms and supporting information recovery but raises several concerns.

Concern arises from 'proposed amendments'

In particular, it says concern arises from "proposed amendments that would give the British Attorney General a decisive role in legacy prosecutions, raising questions about the independence of prosecutorial decision-making".

He further questions procedural protections to UK security personnel.

The foreword states it is "essential" that the Oireachtas is satisfied that any legislation providing for co-operation does not undermine accountability, weaken the principles underpinning the Good Friday Agreement, or create a system that affords preferential treatment or a degree of impunity to former members of the British Armed Forces.

The Government's legislation is designed to facilitate co-operation between Irish authorities and UK public inquiries and the investigative Legacy Commission when it is established, as well as establishing a joint cross-border Independent Commission on Information Retrieval.

It is understood the committee's recommendations include that the legislation should clearly define what is meant to by national security, sovereignty and other essential interests of the State when being cited as a reason to withhold information.

National security restrictions should not be relied upon to conceal wrongdoing or State involvement in serious human rights violations, the minister will be told.

It is also understood the committee believes that decisions to withhold information should be made by an independent judge rather than a minister.

Independent judicial oversight is also sought for decisions on redactions of information or restrictions on witness questioning.

The committee also recommended the establishment of an independent unit to investigate unresolved Troubles-related cases, and that any legacy investigative mechanism should be institutionally independent from An Garda Síochána.

In a report seen by the Press Association, the committee calls for stronger statutory obligations on state bodies as well as current and former office holders to co-operate with investigations and information-recovery processes.