Inquiry Legal Team Note (Closed Material Restriction Orders)

Introduction (Back to top)

1. This Note is provided to set out the process for Closed Material Restriction Order (CMRO) applications in the Omagh Bombing Inquiry (the Inquiry).
2. The Inquiry has already received, and will continue to receive, a large volume of documentation. It is plain from material already received that a proportion of these documents contain sensitive information which it may be said is not capable of being disclosed to the public, media or all CPs. Such documents will be referred to as ‘provisionally closed documents’.
3. It is essential that a practical process is established to ensure that CMRO applications for provisionally closed documents can be determined fairly, taking into account the views of CPs and the accredited media, and in such a way as to avoid disproportionate delay to the substantive progress of the Inquiry.
4. The process for CMRO applications addresses documents which are contended to be too sensitive (whether in whole or in part) to be handled using the Operationally Sensitive Restriction Order (OSRO) procedure and which are contended not to be capable of being disclosed to all CPs on the basis that any such disclosure would be contrary to the public interest having regard in particular to the matters mentioned in section 19(4) of the Inquiries Act 2005.
5. The process described in this Note does not address applications for anonymity, which process is governed by the Inquiry’s Anonymity Protocol. A Note of the Inquiry Legal Team addressing the process for applications for Restriction Orders for anonymity will be published in the near future.
6. This Note comprises two parts:
   1. In Part 1 the Inquiry’s commitment to openness, which is particularly important in the context of closed material, is repeated;
   2. In Part 2 the process for the determination of CMRO applications is set out.

Part 1: The Inquiry’s commitment to openness (Back to top)

7. The Inquiry’s commitment to openness and transparency has been stated on a number of previous occasions. Most recently, in his ruling on the OSRO process the Chairman stated:

8. It is recognised that there is an important distinction to be drawn between OSROs and CMROs so far as CPs, particularly the Bereaved Families and Survivor CPs, are concerned. Whereas in the former circumstances, all CPs are able to see the material, subject to strict handling conditions, in the latter circumstances most CPs will be excluded from disclosure. For this reason, there is an enhanced need for robust scrutiny of assertions made in closed, so as to ensure the maximum amount of information is provided to all CPs.

Part 2: process for CMRO applications (Back to top)

9. The process set out below allows the Chairman to test and rule on an initial tranche of provisionally closed documents. This process will result in a ruling both open and closed – identifying a set of defined categories of sensitivity (CMRO Categories), many of which are likely to recur across the provisionally closed documents.
10. Based on the ruling, CMRO Applicants and the ILT will be able to reach informed views, when considering subsequent provisionally closed documents, as to whether the Chairman is likely to consider certain redactions to fall inside, or outside, the CMRO Categories. This approach will ensure that the CMRO process will operate efficiently, robustly and fairly, and will ensure that it does not result in unacceptable delay.
11. At any stage, in the event that there is not complete agreement between the ILT and the CMRO Applicant that the provisionally closed documents over which a CMRO is sought fall squarely within one of the CMRO Categories, then a specific application and decision from the Chairman would be required.
12. It is also recognised that in exceptional circumstances it may be necessary to adopt bespoke arrangements. This can be addressed on a case-by-case basis, but that possibility does not detract from the benefits of agreeing a process of general application which will deal with almost all, if not all, situations.
13. The process to establish CMROs will involve the Chairman inviting and considering closed applications and provisionally closed documents. This is necessary to enable the Chairman to consider the closed details and justifications for each CMRO application without undermining its purpose (i.e. to protect the public interest). An open CMRO application, containing as much information as possible, must be submitted.
14. In this document:
    1. a CMRO Applicant is any Material Provider (who may or may not be a CP) who has disclosed to the Inquiry any provisionally closed document and who contends that there are grounds to withhold disclosure of that provisionally closed document from any other CPs.
    2. a CMRO Respondent is any CP or accredited media organisation wishing to make submissions or observations in relation to any CMRO application. It includes other CMRO Applicants who are entitled to make submissions or observations on the CMRO applications made by those other than them.

Minimum restriction possible (Back to top)

15. CMRO Applicants must approach all applications by first considering whether the risk of harm or damage they identify can be adequately protected by the redaction of individual words, sentences, paragraphs and/or pages. Such an approach is consistent with the requirements of section 18 and with the objective of ensuring that as much of this Inquiry is conducted in open as is possible.

Candour, transparency and frankness (Back to top)

16. When determining CMRO applications, the Chairman must be fully informed regarding the extent of publicly available information concerning any subject over which a CMRO is sought. This includes information already released through previous court proceedings, the media, publications or official investigations and reports. All CMRO Applicants must act with candour, transparency and frankness, noting in particular the proposed scope of the duty of candour that is currently proposed to apply retrospectively to public authorities and public officials dealing with an inquiry in the Public Office (Accountability) Bill.(1)
17. In this context, candour requires in particular, but is not limited to, CMRO Applicants taking reasonable steps to identify any material which is in the public domain, to any extent, and which may be relevant to the determination of the CMRO application.
18. The candour obligation applies from the point of application and continues after any CMRO which may be granted.
19. All CPs are required to remind themselves of the Chairman’s expectations as set out in the Opening Statements’ Protocol at paragraphs 8 to 12.

Initial tranche of provisionally closed documents (Back to top)

20. The following steps apply to the initial round of CMRO applications.

Stage 1:	The ILT to provide a closed note to Material Providers who have disclosed to the Inquiry provisionally closed documents, identifying a provisional list of closed CMRO Categories over which sample CMRO applications are invited by 31 January 2026. The ILT to publish on the Inquiry website and circulate an open note to all CPs setting out the relevant legal principles for CMROs by 31 January 2026.
Stage 2:	The ILT to identify sample documents from within the provisionally closed documents illustrative of the provisional closed CMRO Categories and provide these to relevant Material Providers by 28 February 2026.
Stage 3	CMRO Applicants to identify additional sample provisionally closed documents within the cohort of their provisionally closed documents which are obviously relevant and over which it is contended that a CMRO should be granted. CMRO Applicants to identify any further potential closed CMRO Categories with example provisionally closed documents. Sample provisionally closed documents, further potential closed CMRO Categories and connected example documents to be provided to the Solicitor to the Inquiry by 4pm on 31 March 2026.
Stage 4:	The ILT and CMRO Applicants to agree a list of closed CMRO Categories which the Chairman will be asked to consider at Stage 9 below. Following consultation with CMRO Applicants, the ILT to prepare a list of open CMRO Categories. The Solicitor to the Inquiry to publish on the Inquiry website and circulate a list of open CMRO Categories to CMRO Respondents by 4pm on 27 April 2026.
Stage 5:	CMRO Applicants to serve closed CMRO applications and open CMRO applications on the Solicitor to the Inquiry by 4pm on 29 May 2026. The closed CMRO applications should: (i) provide evidence and submissions supporting the open and closed list of CMRO categories; (ii) provide evidence and submissions explaining the application of the CMRO categories to the sample provisionally closed documents; (iii) comply with the duty of candour by explaining, particularly, the extent of publicly available information concerning any subject over which a CMRO is sought; and (iv) address any other relevant matters of law or procedure. The open CMRO applications should address each of (i) to (iv) to the extent consistent with the need not to undermine the basis for the applications.
Stage 6:	CMRO Respondents to serve any responses to the CMRO applications on the Solicitor to the Inquiry by 4pm on 11 July 2026. The CMRO responses should: (i) respond to the open list of CMRO categories and the supporting evidence; (ii) provide any evidence or submissions which assist the Chairman’s analysis of the ‘public 8 interest’ balance; (iii) address, particularly and so far as possible, the extent of publicly available information concerning any subject over which a CMRO is sought; and (iv) address any other relevant matters of law or procedure. Practical handling arrangements of these submissions and any associated evidence to be confirmed in due course, together with the making of any necessary restriction order.
Stage 7:	The Solicitor to the Inquiry to circulate all open documents relevant to any CMRO application to all relevant persons by 4pm on 7 August 2026. The Solicitor to the Inquiry to circulate all closed documents relevant to any CMRO application to all persons entitled to receive them by 4pm on 7 August 2026. Further directions to be issued in closed in relation to issues such as cross-service and joint bundle.
Stage 8:	The ILT to respond to open and closed CMRO applications and any other submissions or observations by 4pm on 24 August 2026.
Stage 9:	Open hearing for CMRO applications to be listed w/c 7 September 2026. Closed hearing for CMRO applications to be listed w/c 14 September 2026.

Ongoing applications (Back to top)

21. Once the Chairman has ruled on the sample CMRO applications, CMRO Applicants should submit subsequent CMRO applications by reference to the closed CMRO Categories. This would be done by referencing in a schedule the applicable closed CMRO Categories that have already been the subject of consideration and determination by the Chairman, provided they can be applied to new documents in a clear and uncontroversial way. Where the CMRO application is for redactions to part of a document rather than a whole document, then the CMRO Applicant will be required to identify the relevant closed CMRO Category for each redaction.
22. Importantly, the ILT will rigorously scrutinise each and every application and document to which it is asserted to apply. If any doubt arises that a document (or part of it) does not properly fit within one of the closed CMRO Categories as reflected in the Chairman’s determination, then the CMRO Applicant will be required to submit a bespoke application to the Chairman supported by evidence.
23. The ILT will continually review the process to ensure that as much as possible about the application process is addressed in open without undermining the purpose of the application, and the ILT will endeavour to produce regular updates to CPs on the working of the process and the scale of material being considered.
24. Any subsequent CMRO application which raises issues or CMRO Categories not canvassed during the initial CMRO applications is likely to require a further hearing, both in open and closed so that all CPs and the accredited media can participate.
25. All provisionally closed documents which are subject to an unsuccessful CMRO application will be disclosed or gisted to all CPs on Relativity and can, if appropriate, be subject to the OSRO process.

INQUIRY LEGAL TEAM
14 January 2026

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(1) Public Office (Accountability) Bill