Interim Operationally Sensitive Material Restriction Order (“Interim OSRO”) Restriction Order Pursuant to Section 19 of the Inquiries Act 2005

This Restriction Order is made pursuant to section 19(1) of the Inquiries Act 2005 (‘the Act’) and binds all Core Participants (‘CPs’), members of the public and media.

Any threat to break such an order, or any breach of it, can be certified to the High Court or Court of Session under section 36 of the Act, and the Court will deal with it as though the breach had occurred in proceedings before that Court.

IT IS ORDERED THAT:

General

This Interim Operationally Sensitive Restriction Order (‘the Interim OSRO’) is made on 29 August 2025 and remains in force until the Final Operationally Sensitive Restriction Order (‘the Final OSRO’) is made.

The Chairman may vary or revoke the Interim OSRO by making a further order at any point.

Any breach of the Interim OSRO by any means whatsoever shall be notified in writing to the Solicitor to the Inquiry (‘STI’) immediately upon identification of the breach.

For the purpose of the Interim OSRO, Operationally Sensitive Material contains information which, if published, would alone be capable of assisting those who would wish to carry out future terrorist attacks or other criminal activity and/or would, in combination with other information already in the public domain or contained within other disclosure, be capable of assisting those who would wish to carry out future terrorist attacks or other criminal activity, i.e. through “the mosaic effect”. This does not include material which is subject to a closed restriction order.

Documents

Documents containing Operationally Sensitive Material will be disclosed to Core Participants in two formats:

• OPEN – The open version of these documents are redacted to obscure Operationally Sensitive Material, in addition to any redactions obscuring irrelevant and sensitive content and/or content that is subject to the Data Protection Act 2018 (‘the Open Document’). The reason for each redaction is specified in the document. Operationally Sensitive Material redacted under the Interim OSRO is overwritten with “OS”. The Open Documents are disclosed on the Relativity Disclosure System in a database entitled ‘OBI001_Omagh Bombing Inquiry – Core Participants’ (the Open Database).
• OPERATIONALLY SENSITIVE – The operationally sensitive version of these documents (‘the Operationally Sensitive Document’) contain visible Operationally Sensitive Material. The Operationally Sensitive Documents are disclosed on the Relativity Disclosure System in a database entitled ‘OBI001_Omagh Bombing Inquiry – Operationally Sensitive’ (the Operationally Sensitive Database).

The documents included in the Operationally Sensitive Database may be varied at any time by the Chairman.

Subject to this Order, no person may reveal, disclose, share or publish anything that has been identified as Operationally Sensitive Material.

Save for the Operationally Sensitive Material in them, the Open Documents are not restricted by the Interim OSRO.

The Interim OSRO does not prohibit:

• The disclosure of Operationally Sensitive Material by a Material Provider to the Inquiry Legal Team as part of the disclosure process; or
• The disclosure of Operationally Sensitive Material by the Inquiry Legal Team to CPs as part of the disclosure process.

Access to the Operationally Sensitive Documents

Access to the Operationally Sensitive Documents is restricted as follows:

• Recognised legal representatives (‘RLR’) and those working for a RLR on behalf of a CP (collectively referred to as Authorised Persons) will be provided with access to all of the Operationally Sensitive Documents through the Operationally Sensitive Database.
• Only Authorised Persons are permitted access to Operationally Sensitive Database. Authorised Persons are not permitted to share their Relativity access with any other person for any reason whatsoever.
• RLRs must notify STI in writing of the names of those Authorised Persons that require access to the Operationally Sensitive Database. Written authorisation from the Chairman is required before an Authorised Person is permitted access to the Operationally Sensitive Database.
• All Authorised Persons granted access to the Operationally Sensitive Database must have returned a signed copy of the Inquiry’s Confidentiality Undertaking to STI.
• The Operationally Sensitive Documents must not be printed, downloaded, copied, photographed or otherwise replicated or saved by any means whatsoever by CPs who receive the materials by way of disclosure on the Operationally Sensitive Database.

In respect of access to the Operationally Sensitive Database the following provisions apply:

• The Operationally Sensitive Database shall not be accessed / viewed on a mobile phone.
• The Operationally Sensitive Database shall not be accessed / viewed in a public place. For the purpose of the Interim OSRO the Inquiry hearing room and in conference rooms / meeting rooms at the Inquiry hearing venue are not a public place.

Use of the Operationally Sensitive Documents

Use of the Operationally Sensitive Document is restricted as follows:

• An Authorised Person can show the Operationally Sensitive Document to a CP. Where the CP is an organisation or public body, the Authorised Person can show the Operationally Sensitive Document to the individual / individuals acting as their client whose name(s) and role(s) have been identified to STI in writing.
• An Authorised Person may request permission from the Chairman to show Operationally Sensitive Documents to a named person who is not a CP. Written authorisation from the Chairman must have been received in advance of showing Operationally Sensitive Documents to a named person who is not a CP.
• To view Operationally Sensitive Documents, a CP or a named person who is not a CP must have returned a signed copy of the Inquiry’s Confidentiality Undertaking to STI.
• The discussion or sharing the substance of the Operationally Sensitive Material (insofar as the same does not breach this Order) between Authorised Persons, CPs, any member of staff of the Inquiry or contractor (which expression includes counsel to or instructed by the Inquiry, stenographer and AV operator and is to be broadly construed), and experts instructed by the Chairman, is permitted where such discussion is related to and/or for the purposes of the Inquiry. Strict precautions, including by way of conducting any conversation in private and the use of robust digital security, must be taken when discussing or sharing the substance of the Operationally Sensitive Material.
• No reference shall be made to the Operationally Sensitive Material, either orally or in writing, in submissions / applications concerning restriction orders. This does not prevent the reference number and / or relevant page and / or paragraph and / or line numbers of the Operationally Sensitive Documents being referred to.

Penal Notice

The High Court and the Court of Session have the power to imprison or fine for any breach of this Order.

Rt. Hon Lord Turnbull
Inquiry Chairman
29 August 2025