Minister Jim O’Callaghan publishes proposals to address the Legacy of the Troubles

Minister for Justice, Home Affairs and Migration Jim O'Callaghan T.D. has today received Cabinet approval to progress his legislative proposals to address the legacy of the Troubles.

The General Scheme of the Legacy of the Troubles Bill 2026 published today, sets out how the Government will legislate to implement its commitments in the Joint Framework on the Legacy of the Troubles, agreed with the UK government last September, to facilitate the fullest possible co-operation by the relevant Irish authorities with the UK Legacy Commission, when established, and with UK troubles-related public inquiries. The Scheme also provides for the establishment of the cross-border Independent Commission on Information Retrieval (the ICIR), foreseen in the Stormont House Agreement, to assist families to find answers about the deaths of their loved-ones during the Troubles.

Work will now commence on the drafting of the Bill as a matter of priority.

Speaking following publication of his proposals, Minister O'Callaghan said:

"Securing approval to progress this legislation is an important further step in delivering on the Government's commitment to implementing the Joint Framework on addressing the Legacy of the Troubles as swiftly as possible, and playing our full part in legacy processes, as committed to in the Programme for Government.

"Reaching agreement on the Joint Framework last September marked a welcome return to a collaborative approach between the two governments to addressing Northern Ireland issues and is fundamentally about providing routes to truth and accountability for those most affected by the Troubles in both jurisdictions.

"The publication of these proposals, in conjunction with the signing into law of the International Co-operation (Omagh Bombing Inquiry) Act 2026 last Wednesday 3 June, is a strong demonstration that the Government will not be found wanting in relation to addressing the legacy of the past. They build on the many other existing and bespoke measures in place to assist UK criminal investigations, coronial inquests, inquiries and specific reviews such as Operation Denton.

"The proposals will facilitate co-operation, in respect of both documentary materials and the taking of sworn testimony, with the non-criminal fact-finding investigations and inquisitorial proceedings to be carried out by the UK Legacy Commission, once established, and with public inquiries.

"Our assistance with criminal investigations carried out by the Legacy Commission will be through existing mutual legal assistance channels.

"In line with the commitments in the Joint Framework this co-operation is intended to be fully reciprocal with the UK government and its authorities providing similar co-operation to investigations, inquests and inquiries in this jurisdiction.

"The Joint Framework recognises that the families of victims may still have unanswered questions about incidents from the Troubles and the proposals provide for the establishment of a new cross-border, information-retrieval body that will allow them to seek a degree solace in relation to the deaths of their loved ones outside the criminal justice system where they chose to do so."

As the intent of the Minister's proposals is to enable co-operation with the Legacy Commission that is the subject of the UK Northern Ireland Troubles Bill, it is necessary for the Minister to await the enactment of the UK bill before presenting a Bill to the Houses of the Oireachtas.

Referring to this dependency the Minister O'Callaghan said:

"I am committed to being in a position to act quickly and introduce the Bill to the Houses of the Oireachtas as soon as the UK Bill is enacted. That is why I sought and received Government approval today for priority drafting. I will also be seeking the support of members of the Houses in due course for the passage of the Bill as soon as possible to ensure that our authorities have the powers to deal with requests for assistance from the Legacy Commission once it has commenced its work."

The Government remains fully committed to addressing the legacy of the Troubles in the jurisdiction and a number of further measures are in place in addition to those proposed in the Scheme.

Referring to those measures Minister O'Callaghan said:

"Reflecting a victim-centred approach to legacy, An Garda Síochána is committed, where possible, to answering any questions that survivors and victims' families may have about investigations under its jurisdiction and to providing a report to those concerned. In support of this commitment, the Garda Commissioner has already established a dedicated unit, the Garda Troubles Legacy Liaison Unit, to act as a readily accessible point of contact for survivors and victims' families.

"In addition to these new measures, I want to underline that criminal investigations into all unresolved troubles-related incidents in this jurisdiction remain open and An Garda Síochána remains fully committed to following up proactively on all investigative opportunities that come to light, including through co-operation with the UK authorities. The possibility of pursuing criminal prosecutions remains open in all of these cases where the evidence supports it."

The Minister's proposals will be referred to the Joint Committee on Justice, Home Affairs and Migration.

Additional information

The General Scheme of the Legacy of the Troubles Bill 2026 can be viewed here.

The Joint Framework on addressing the Legacy of the Troubles was announced by the Irish and British governments on 19 September 2025 and formally agreed by the Government on 30 September 2025.

Under the Joint Framework, the UK Government agreed to key changes to its legacy legislation, including significant reform of the governance and processes of the Independent Commission for Reconciliation and Information Recovery (ICRIR) which is to be re-named and re-purposed as the Legacy Commission. To give effect to these changes, the UK government published its Northern Ireland Troubles Bill in October 2025.

The Government also committed to ensuring that the necessary arrangements will be put in place to facilitate the fullest possible co-operation of the relevant Irish authorities with the Legacy Commission, once established, as well as with public inquiries. This includes through legislation, where required.

The Irish and British Governments also reaffirmed the principles of the 2015 Agreement on the Independent Commission on Information Retrieval (ICIR) and to the establishment of that body on a joint, cross-border basis.

The purpose of the Legacy of the Troubles Bill 2026 as set out in the General Scheme is:

• To facilitate co-operation by the relevant Irish authorities with the non-criminal legacy processes to be caried out by the Legacy Commission (consisting of fact-finding investigations that may be conducted if the information available does not support the pursuit of a criminal case and which will culminate in a family report, and inquisitorial proceedings presided over by a judicial figure, which are designed to inquire into cases assessed as being unsuitable to proceed through the coronial system).

Co-operation with these processes includes the disclosure of documentary materials and/or the taking of oral testimony from State bodies, where appropriate.

Co-operation with troubles-related public inquiries in the UK will also be facilitated on a similar basis, where required.

Co-operation in respect of criminal investigations conducted by the Legacy Commission will be through existing mutual legal assistance channels. No legislation is required to facilitate this.

• To establish the Independent Commission on Information Retrieval (the ICIR) in law in the State in line with the principles of the 2015 international Agreement and paragraphs 22 to 27 of the Joint Framework.

Establishment of the ICIR in UK law is provided for in Part 6 of the Northern Ireland Troubles Bill currently before their parliament.

The Scheme of the Legacy of the Troubles Bill 2026 is structured as follows:

Part 1 contains standard provisions relating to the short title, commencement, interpretation and expenses.

Part 2 facilitates co-operation with the non-criminal legacy processes under the Legacy Commission and with public inquiries.

Head 4 empowers the Garda Commissioner to enter into a co-operation agreement with the Legacy Commission to facilitate the performance of their functions on a reciprocal basis. Its primary purpose is to facilitate the exchange of documentary materials necessary for fact-finding investigations and inquisitorial proceedings by the Legacy Commission, and family reports by An Garda Síochána.

Heads 5-11 provide for a bespoke mechanism to facilitate the provision of oral testimony within the State for the purposes of inquisitorial proceedings by the Legacy Commission. It is closely modelled on the International Co-operation (Omagh Bombing Inquiry) Act 2026, which provides for the taking of oral testimony from within the State for the purposes of the Omagh Bombing Inquiry.

Head 12 allows the Minister for Justice to apply the provisions of the International Co-operation (Omagh Bombing Inquiry) Act 2026 to a UK public inquiry as if that inquiry were the Omagh Bombing Inquiry.

Part 3, Heads 13 to 24 provides for the establishment of the ICIR in law in this jurisdiction. The provisions are closely modelled on the treaty agreed between the Government and the UK government to establish the ICIR in 2015 ("the Agreement") but never implemented or ratified. The intention is that the 2015 Agreement will be amended to reflect changes to the structure and governance of the ICIR agreed at paragraphs 22 to 27 in the Joint Framework. The Agreement will then be ratified by both governments in due course upon its implementation in legislation in both jurisdictions.

Once enacted, the legislation will join the various legislative and other bespoke mechanisms put into place to facilitate co-operation with UK legacy processes.

Measures implemented to support UK legacy processes

These measures include:

• the Criminal Justice (International Co-operation) Act 2019, which facilitates the taking of oral testimony for the purposes of UK troubles-related inquests. This was used, for example, to assist the Kingsmill Inquest and the Kieran Doherty Inquest;
• directives issued by the Minister for Justice, Home Affairs and Migration to the Garda Commissioner, with the approval of the Government under section 25 of the Garda Síochána Act 2005, and section 62 of the Policing, Security and Community Safety Act 2024 to support co-operation with, for example, Operation Denton, and the Omagh Bombing Inquiry;
• Data Protection Regulations made to support the disclosure of personal data to including Operation Denton, the Northern Ireland Victims' Payment Board and the Omagh Bombing Inquiry;
• the Memorandum of Understanding agreed with the Chairman of Omagh Bombing Inquiry in relation to the disclosure of Irish State materials;
• the International Cooperation (Omagh Bombing Inquiry) Act 2026, which facilitates the taking of oral testimony from within the State for use in the Inquiry.

These measures are in addition to the assistance provided in criminal investigations undertaken by the PSNI or OPONI pursuant to mutual legal assistance channels.