UK may sue Ireland over failure to investigate Omagh bombing

BRITAIN is considering suing Ireland in the European Court of Human Rights for failing to investigate the Omagh car bombing by the Real IRA, in which 29 people were killed 25 years ago.

The move is retaliation for Ireland’s rare interstate case against the UK over its Legacy Act, which offers an amnesty to Troubles-era killers, including British veterans, in exchange for information on murders.

Dublin argues that the Legacy Act is incompatible with human rights law because it replaces police investigations with a commission offering immunity.

The Irish case was formally lodged at the Strasbourg court yesterday. Britain’s

lawyers have drawn up plans for a “counter case” as London’s relations with Dublin, which were strained by Brexit, plunge back into the deep freeze

A source close to the legal process said: “The UK Government is committed to fighting the case and confident of victory. Potential options under consideration go so far as a counter case in Strasbourg on failure to properly investigate the Omagh bombing, on which the UK Government has launched an investigation but Dublin is refusing to investigate further.”

The Real IRA carried out the Omagh bombing on Aug 15 1998, after the Good Friday Agreement had been signed earlier that year. The incident in Co Tyrone, Northern Ireland, was the single deadliest of the Troubles, also injuring more than 300 people.

One source said Ireland had persistently failed to investigate Troubles-era offences and had a long history of lobbying for amnesties for terrorists.

Chris Heaton-Harris, the Northern Ireland Secretary, has commissioned a study of the Irish government’s record on legacy issues.

The source said: “Over the years, piles of evidence have been found of Dublin lobbying for amnesties for terrorists from 1998 at the highest level, including the on-the-runs.”

The source claimed there was a “persistent failure of the Irish government [to] investigate Troubles-related offences, including those involving collusion”.

‘The British Government is committed to fighting the case and confident of victory’

They accused Dublin of ignoring families’ requests for information about the 1976 Kingsmill Massacre and of attempting to “evade extradition requests for terrorists”.

The Irish security services did not appear to have contacted Father Patrick Ryan, a defrocked Catholic priest who admitted supplying weapons to the IRA, the source added.

The source said there was a “strong feeling” the Irish case against the UK was “politically motivated”. Ireland’s coalition government is trailing Sinn Fein in the polls ahead of a general election expected later this year.

Sinn Fein, the former political wing of the IRA, is opposed to the Legacy Act, as are all the major political parties in Northern Ireland, including the DUP.

They argue that its conditional amnesty to accused killers during the Troubles will rob victims of justice from the IRA or British forces.

The UK Government argues that the chances of any convictions 25 years after the end of the Troubles are slim and has called on Dublin to co-operate with the new commission.

John Finucane, Sinn Fein’s MP for North Belfast, said: “The British Tory Government rushed through this legislation despite the clear opposition and concerns raised by victims and families, all political parties, the Irish government, the US, UN, the Council of Europe and human rights experts.

“The Act is a flagrant breach of international human rights law and is a blatant attempt to shut the door on families’ efforts to achieve truth and justice through the courts.”

Irish police were exonerated of allegations they failed to act on intelligence that could have prevented the Omagh bombing by a major report commissioned by the Republic’s Government. The Nally Report found no basis for the accusations and said there was no basis for a public inquiry in 2003.