The Government is seeking legal advice on whether it can permit gardaí to give evidence in a civil case in the British courts against those allegedly responsible for the Omagh bombing.
The Minister for Justice, Mr McDowell, indicated a willingness to allow gardaí to give evidence in the case in Belfast by the families of the 29 people killed in the attack five years ago.
But speaking yesterday after a meeting with the families' lawyers, he said the matter was subject to consultations with the Attorney General, Mr Rory Brady.
Asked whether he would allow gardaí to cross the Border to give evidence in the case, the Minister said: "I can confirm the Irish Government is willing to help in any way, subject to the advice of the Attorney General, and provide any relevant evidence that we can in this case." Mr McDowell was speaking yesterday after meeting two lawyers for victims' families. The families will themselves travel to Dublin next Monday for a meeting with the Minister.
He said the meeting was "very useful and positive" and added that there would be further contact between the Government and the lawyers.
A solicitor for the families, Mr Jason McCue, said that any legal difficulties surrounding the appearance of gardaí in civil proceedings outside the jurisdiction were "surmountable".
Mr McCue said he and his colleague, Lord Brennan, had had "a very positive meeting", adding that Mr McDowell had indicated "more than a general will" on the part of the Government to co-operate with the case.
"It is matter of us all now working out what are the issues between us and finding a way forward. I think it is good news for the families."
Mr McCue said he did not know the details of the arrest of two people yesterday in connection with the bombing, but said any movement on shedding light on what happened in Omagh would help the families' case.
"If new evidence comes to light, we could always put new people on the list, and that would be a possibility."
On the families' demand on the Government to provide transcripts of the trial of Michael McKevitt, jailed for 20 years this summer for leading the "Real IRA", Mr McCue said the Government had provided technical guidance.
Mr McCue said the families were seeking assistance because of the expense of typing notes taken during the six-week trial.
