Government has ‘plain duty' to assist Omagh inquiry with swift disclosure
The UK Government has a 'plain duty' to ensure that full disclosure of documents is swiftly made to the Omagh Bombing Inquiry, its chair has said.
Lord Turnbull said his experience to date over the cooperation of some state agencies with the inquiry had caused him to have 'some concerns'.
The inquiry chair was speaking at the end of two days of hearings in which the legal representatives of core participants delivered opening statements.
The Real IRA bomb in the Co Tyrone town in August 1998 killed 29 people, including a woman who was pregnant with twins, in the worst single atrocity in the Troubles in Northern Ireland.
The public inquiry was set up by the previous secretary of state Chris Heaton-Harris to examine whether the explosion could have been prevented by the UK authorities.
Lord Turnbull said he understood the challenges of providing disclosure of relevant documents to the inquiry were 'significant'.
But he added: 'The fact remains that two years have already passed since the secretary of state announced that there was to be an enquiry.
'At many times since that point the progress towards setting up the inquiry and then of trying to move towards evidential hearings, has appeared to be frustratingly slow.
'Difficulties over providing disclosure of course impact on the ability to schedule evidential hearings.'
The inquiry chair said some of those watching may have observed that if successive governments had 'not so staunchly set their face against a public inquiry the problems now being grappled with would not be so acute'.
He added: 'Having opposed the setting up of an inquiry so long, there is a plain duty on the Secretary of State (Hilary Benn) and others in government to remedy that now by making available whatever resources are necessary to ensure that full disclosure can be swiftly made available.
'I say that not just because of the passage of time.
'My experience to date has caused me to have some concerns.
'I have not been convinced that some of those with whom the inquiry has to depend upon to provide it with the material it seeks have always been in a position properly to engage with the inquiry or to dedicate the necessary resources to those tasks.
'I therefore trust after all that has been said over today and yesterday, that my remarks and concerns will be passed on to the relevant ministers and others who manage the responses to the inquiry's requests.'
Lord Turnbull also said that the inquiry would not 'simply accept statements' that documents had been lost or destroyed.
He said: 'Where claims are made that documents of importance have been destroyed or cannot be located, material providers can expect such assertions to be subjected to the most rigorous scrutiny.
'Accordingly the inquiry will expect to hear detailed evidence as to the nature of the efforts made to locate any such documents and the processes around their storage and retention.
'And having done so, the inquiry will draw such inferences as seem appropriate in light of the nature and importance of the documents concerned, alongside the quality of any evidence given by way of explanation for their absence.'
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