Patrick Finucane Murder
Baroness Anderson of Stoke-on-Trent Excerpts(2 months, 1 week ago)
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Baroness Anderson of Stoke-on-Trent (Lab)
My Lords, with the leave of the House, I shall now repeat a Statement on the murder of Patrick Finucane, made in another place yesterday by my right honourable friend the Secretary of State for Northern Ireland. The Statement is as follows:
“Patrick Finucane was a human rights lawyer. On 12 February 1989, he was brutally murdered in his home in north Belfast by the loyalist paramilitary group the Ulster Defence Association, in front of his wife, Geraldine, who was wounded, and his three children, one of whom is now the honourable Member for Belfast North. From that day onwards, Mrs Finucane and her family have campaigned tirelessly in search of answers about the killing of their loved one.
In 1990 an inquest was opened and closed on the same day with an open verdict. Subsequently, a number of investigations and reviews were conducted. In 2001, following the collapse of power-sharing, the UK and Irish Governments agreed at Weston Park to establish public inquiries into a number of Troubles-related cases, if recommended by an international judge. Judge Peter Cory was appointed to conduct a review of each case, and in 2004 he recommended that the UK Government hold public inquiries into four deaths: those of Rosemary Nelson, Robert Hamill, Billy Wright and Patrick Finucane. Judge Cory also recommended that the Irish Government establish a tribunal of inquiry into the deaths of former Royal Ulster Constabulary officers Bob Buchanan and Harry Breen. Inquiries were promptly established in all those cases, with one exception: the death of Mr Finucane.
Meanwhile, in 2003, the third investigation by Sir John Stevens into alleged collusion between the security forces and loyalist paramilitaries had concluded that there had been state collusion in Mr Finucane’s killing. That investigation was followed by the conviction in 2004 of one of those responsible, Ken Barrett. With criminal proceedings concluded, the then Northern Ireland Secretary, Paul Murphy, made a Statement to Parliament setting out the Government’s commitment to establish an inquiry, but despite a number of attempts, the Government were unable to reach agreement with the Finucane family on arrangements for one.
In 2011, the coalition Government decided against an inquiry. Instead, a review of what had happened, led by Sir Desmond de Silva QC, was established. Sir Desmond concluded that he was left
‘in no doubt that agents of the state were involved in carrying out serious violations of human rights up to and including murder’.
The publication of his findings in 2012 led the then Prime Minister, David Cameron, to make an unprecedented apology from this Dispatch Box to the Finucane family on behalf of the British Government, citing the
‘shocking levels of state collusion’—[Official Report, Commons, 12/12/12; col. 296.]
in this case.
In 2019, the Supreme Court found that all the previous investigations had been insufficient to enable the state to discharge its obligations under Article 2 of the European Convention on Human Rights. The court identified a number of deficiencies in the state’s compliance with Article 2. In particular, Sir Desmond’s review did not have the power to compel the attendance of witnesses; those who met Sir Desmond were not subject to testing as to the accuracy of their evidence; and a potentially critical witness was excused from attendance. In November 2020, the then Secretary of State for Northern Ireland announced that he would not establish a public inquiry at that time, pending the outcome of continuing investigations, but that decision was quashed by the Northern Ireland High Court in December 2022.
This Government take our human rights obligations, and our responsibilities towards victims and survivors of the Troubles, extremely seriously. The plain fact is that, two decades on, the commitment made by the Government—first in the agreement with the Irish Government, and then to this House—to establish an inquiry into the death of Mr Finucane remains unfulfilled. It is for that exceptional reason that I have decided to establish an independent inquiry into the death of Patrick Finucane, under the Inquiries Act 2005.
I have, of course, met Mrs Finucane and her family—first on 25 July to hear their views, and again yesterday to inform them of my decision. Mrs Finucane asked the Government to set up a public inquiry under the 2005 Act, and, as I have just told the House, the Government have now agreed to do that, in line with the 2019 Supreme Court ruling and the Court of Appeal judgment of July this year.
In making this decision, I have, as is required, considered the likely costs and impact on the public finances. It is the Government’s expectation that the inquiry will, while doing everything that is required to discharge the state’s human rights obligations, avoid unnecessary costs, given all the previous reviews and investigations and the large amount of information and material that is already in the public domain. Indeed, in the most recent High Court proceedings, the judge suggested that an inquiry could
‘build on the significant investigative foundations which are already in place’.
As part of my decision-making process, I also considered whether to refer the case to the Independent Commission for Reconciliation and Information Recovery. The commission has powers comparable to those provided by the Inquiries Act to compel witnesses and to secure the disclosure of relevant documents by state bodies—powers identified by the Supreme Court as being crucial for the Government to discharge their human rights obligations.
The commission was found, in separate proceedings in February this year, by the High Court to be sufficiently independent and capable of conducting Article 2-compliant investigations, and while I am committed to considering measures to further strengthen the commission, I have every confidence in its ability, under the leadership of Sir Declan Morgan, to find answers for survivors and families. However, given the unique circumstances of the case, and the solemn commitment made by the Government in 2001 and again in 2004, the only appropriate way forward is to establish a public inquiry.
Many of us in this House remember the savage brutality of the Troubles—a truly terrible time in our history—and we must never forget that most of the deaths and injuries were the responsibility of paramilitaries, including the Ulster Defence Association, the Provisional IRA and others. We should also always pay tribute to the work during that time of the Armed Forces, police and security services, the vast majority of whom served with distinction and honour, and so many of whom sacrificed their lives in protecting others.
It is very hard for any of us to understand fully the trauma of those who lost loved ones—sons and daughters, spouses and partners, fathers and mothers—and what they have been through. There is of course nothing that any of us can do to bring them back or erase the deep pain that was caused, but what we can do is seek transparency to help provide answers to families and work together for a better future for Northern Ireland, which has made so much progress since these terrible events. I hope that the inquiry will finally provide the information that the Finucane family has sought for so long.
The Government will seek to appoint a chair of the inquiry and establish its terms of reference as soon as possible, and I will update the House further. I commend this Statement to the House”.
Baroness Suttie (LD)
My Lords, I too welcome the Minister to her place and look forward to working constructively with her, not least on legacy issues, over the months ahead.
From these Benches we strongly welcome yesterday’s Statement by the Secretary of State for Northern Ireland for both its measured tone and its content. We welcome that there is finally to be a public inquiry. The brutal murder of Patrick Finucane was one of the most shocking and controversial incidents that took place in Northern Ireland during the Troubles. The Finucane family has had to wait more than 35 years for justice, and we can but hope that this inquiry can begin to result in some closure for them after all these years.
It is extremely important that the public inquiry being established will have the confidence of the public and all the powers necessary to carry out its job in full. In that regard, can the Minister confirm that the inquiry will be able to compel witnesses and secure all relevant documents? Can she say a little more about the likely process, conditions and timetable for appointing the chair of the inquiry?
On wider legacy issues, the Minister will recognise that there are so many other families in Northern Ireland who are still waiting for truth and justice. With the ICRIR in place, and the commitment of the Government to repeal the immunity section of the legacy Act, it is important that we have clarity on these matters as soon as possible, including how the inquiry will relate to the ICRIR. Can she say how and when we are likely to be informed about the process and timing of repealing the immunity section of the legacy Act? In his Statement, the Secretary of State for Northern Ireland said that he was committed to considering measures to “further strengthen” the ICRIR. Can the Minister say how and when she expects this to take place?
Finally, I welcome the response of the Northern Ireland Secretary to my honourable friend James MacCleary MP yesterday that there will be close co-operation with opposition MPs on wider legacy issues. Can the Minister provide reassurances that Members of this House will also be kept fully informed at every stage of this process?
Baroness Anderson of Stoke-on-Trent (Lab)
My Lords, I thank the noble Lord, Lord Caine, for his extensive service—the decades of work for peace in Northern Ireland—and I look forward to working with him to ensure that his legacy, and the legacy work that we will do, goes forward. I also thank the noble Baroness, Lady Suttie, for her welcome. I look forward to working with them both, and with all Members of this House, on all the issues raised today.
As this is my first outing at the Dispatch Box, before I move on I want to thank the many noble Lords who have worked to deliver peace in Northern Ireland. I was born in 1979. At the time of the atrocity we are discussing, I was nine years old. This is my history, and all of our history, but I lived through the benefit of peace because of the work done by so many noble Lords. I, and many others, are grateful for it.
The murder of Patrick Finucane was one of four cases for which the Government committed to establishing a public inquiry following the findings of Judge Cory. It is important to remember what was agreed at Weston Park. Inquiries were established in three cases—the murders of Rosemary Nelson, Robert Hamill and Billy Wright—but not in the case of Patrick Finucane. This is how we can complete the promises and pledges made in this House and to those families as we move forward with the next stage of legacy.
I wish to put on record my deepest sympathies to the Finucane family and to all those touched by the Troubles. It is the considered view of the Secretary of State, and a commitment that the Government have made this week—having held this view consistently since 2001—that there will be a public inquiry into the case of Patrick Finucane. Although the court found that the previous investigations did not meet our Article 2 obligations under the European Convention on Human Rights, they did help provide crucial information, and, as was the case following the third of the Stevens investigations, a successful prosecution of one of those involved in the murder.
As was set out in the Statement, the Government have full confidence in the Independent Commission for Reconciliation and Information Recovery, under the leadership of Sir Declan Morgan, to deliver for victims and families. As has been published by the commission this week, and referenced by the noble Lord, Lord Caine, 85 families have already approached the commission with their case—a positive endorsement of the new body. Eight of those requests for information are now at the information recovery stage.
As has been set out, the commission has powers comparable to those of a public inquiry—namely the powers to compel witnesses and to secure the disclosure of relevant documents by state bodies. Crucially, the courts have ruled that the commission can deliver investigations compliant with Article 2 of the European Convention on Human Rights. For these reasons, as was set out to Parliament by the Secretary of State, the Government have chosen to retain the commission. However, we have listened to the concerns of victims and families, and acknowledge that many wish to have a choice as to which avenue they pursue to get the answers and justice that they deserve.
That is why, in his Written Ministerial Statement to Parliament just before the Summer Recess, the Secretary of State set out his plans to propose measures to allow inquests that were brought to an end by the legacy Act to recommence, and to reverse the Act’s current prohibition on bringing new civil claims. The Government are also exploring how we can further strengthen the independence and powers of the commission, in addition to repealing the conditional immunity provisions in order to build public confidence in the commission across all communities.
I now need to answer the questions that were asked. I was asked about repealing, and how and when we will do it. We are currently consulting with all parties and all communities on what will work for them, and what they need to give them confidence in the commission. As the noble Lord, Lord Caine, said, the commission is now established—it exists. We need to ensure that it has the trust of all communities, some of which is lacking, and to establish what additional powers we need to give to Sir Declan Morgan to ensure that there is confidence across the communities.
Timings regarding the public inquiry that we have announced will follow in due course, but let us be clear: the Finucane family have waited 35 years for answers, and we will do everything we can to ensure that the process is as speedy as it can be. We wanted to update the House before 27 September, which was the legal deadline agreed, to make sure that your Lordships’ House was aware of the next steps. I will return to the House once we have appointed a chair, and with that chair negotiated and agreed the terms of reference.
The noble Lord, Lord Caine, asked about the costs associated with the commission. He knows better than I that a huge amount of work has already been done on the Finucane case, some of which is publicly available and some of which is not. On that basis, we believe that the terms of reference can be negotiated and delivered in such a way that costs can be managed, and that we can work with the family and all partners to ensure that this can be delivered on time, quickly, and, I hope, to budget.
The Government are mindful of the many years that Mrs Finucane and her family have been waiting for this inquiry, and of the decades that have passed since the commitment at Weston Park, which was signed by my noble friend Lord Reid. As such, we are keen to deliver the inquiry as quickly as is practicable, as it is the only outstanding case. However, as noble Lords will appreciate, due process must be followed, and it will inevitably take some time to work through all the necessary stages and preparatory work in setting up the inquiry.
We all remember the savage brutality of the Troubles and their legacy—a truly terrible time in our history. Peace can never be taken for granted. We must work every day to ensure that the Troubles remain part of our history, not of our future. By ensuring that families have access to all available information, and working together on delivering the promises of Weston Park and the Stormont agreement, we can ensure that the building blocks of legacy help us to deliver peace and reconciliation in the future.
Baroness Anderson of Stoke-on-Trent (Lab)
My Lords, I want to put on record my tribute to the noble Lord, Lord Dodds. His comments demonstrate the level of hurt that we are still touching on every time we discuss the Troubles, and the pain that so many people are still experiencing. There is very little I can say to give reassurance in terms of the specifics of his pain and that of those he touched on, but I reassure him that there is no hierarchy here. This is a unique case that was discussed and agreed in 2001 at Weston Park. We are ensuring that we deliver, as we did on the inquiries for Billy White, Robert Hamill and Rosemary Nelson. The case of Patrick Finucane is the only case in which this long-standing commitment to establish an inquiry had yet to be met, until yesterday. However, I appreciate the noble Lord’s concerns and look forward to working with him to ensure that the rest of the legacy programme is fit for purpose and that every person who was touched by the Troubles feels that they have the appropriate access to justice and truth.
Baroness Ritchie of Downpatrick (Lab)
My Lords, I welcome my noble friend to the Front Bench and the decision of the Secretary of State to grant a public inquiry into the murder of Patrick Finucane, an incident I recall well. I also point out that all murders in Northern Ireland, carried out by paramilitaries or state forces, were totally wrong, inappropriate and unacceptable. I have two questions to ask the Minister. When will there be a repeal of the legacy legislation and a definite move towards inquests, investigations and inquiries to solve the problems and challenges faced by victims and survivors of the Troubles? Will the Government withdraw the application by the previous Secretary of State for a judicial review of the decision of the coroner in March this year into the case of Sean Brown, which was also mired in collusion?
Baroness Anderson of Stoke-on-Trent (Lab)
I thank my noble friend Lady Ritchie for her questions. The Secretary of State has made it clear that the Government will repeal and replace the legacy Act, including by reversing the prohibition on bringing new civil proceedings and proposing measures to allow inquests that were previously halted. As the Secretary of State said in the other place yesterday, the Government are now in the process of consulting all interested parties about how to give effect to the repeal and replace the commitment in the gracious Speech. We will bring that forward as quickly as possible. The Government are also in the process of addressing the incompatibility findings of the High Court and, when parliamentary time allows, we will lay a draft remedial order under Section 10 of the Human Rights Act 1998 to remove the offending provisions from the statute book.
It would not be appropriate for me to comment here on the specific case mentioned by my noble friend, but I reaffirm the commitment made by the Secretary of State yesterday that the Government will carefully consider each individual case in order to reach a sensible way forward.
Lord Rogan (UUP)
My Lords, I, too, welcome the Minister to her place. In an article published in today’s Belfast Telegraph, John Finucane, the son of Pat Finucane, writes:
“Everyone on our island who has been affected by horrific past events are entitled to full truth and justice”.
I wholeheartedly agree. The Finucane family, having previously turned down an inquiry in 2005, have now secured one on their terms. However, countless other families who lost loved ones to terrorism in Northern Ireland will never receive such preferential treatment. As the noble Lord, Lord Dodds, asked, can the Minister explain to those families why their lives and those of their fathers, mothers, sons or daughters mean less to the Government than the late wife of Pat Finucane? Further, noble Lords will note that in his article, John Finucane calls for everyone on “our” island to be given full truth and justice. As such, will the Minister update the House on what discussions her colleagues are having with their counterparts in Dublin, with a view to the Irish Government co-operating fully with a public inquiry into the Omagh bomb that claimed the lives of so many, on both sides of the border?
Baroness Anderson of Stoke-on-Trent (Lab)
I thank the noble Lord, Lord Rogan, for his questions and note his pain and disappointment. I am grateful for his comments about the Finucane family and for recognising the steps we need to take. On the specifics of his question, I can only say to all families of the Troubles that my heart goes out to them, and that this Government will do everything in our power to ensure that they have access to justice and to the information they need to ensure a level of personal peace and closure. We will review every case as and when it comes in front of the Secretary of State. If the noble Lord would like to discuss anything specific with me, I look forward to meeting with him. On the issues about all of Ireland, members of the NIO meet the Government of Ireland regularly to discuss this and all matters, and we will continue to do so to further the cause of peace.
Baroness Hoey (Non-Afl)
In welcoming the Minister to her job, I tell her that she is going to be very busy, particularly now that we have lost the Windsor Framework Sub-Committee, which I hope can be brought back. The Minister must understand that this will be seen by many people as a kind of hierarchy of victims. Many victims, particularly in rural areas, saw their families destroyed by IRA terrorism, and there has been nothing—no inquiries, no money, nothing spent—to get to the truth of that. We must make sure that everyone feels that they are being treated equally. We must make sure that the money spent on this is spent in a way that ensures that we get to the truth. I think we have already got to the truth. I see no unique circumstances, and I wonder whether, as was asked earlier by another noble Lord, she can say what the unique circumstances are, after all the other inquiries and all the money that has been spent. Of course, I think we all know what the unique circumstances are that the Government are referring to, but that will not satisfy people in Northern Ireland. Given that we all have confidence in Sir Declan Morgan, and that the Secretary of State made that clear in his Statement, I do not understand why this could not have been sent, as it should have been, to the ICRIR. This is sending out a message that the Government do not believe that Sir Declan Morgan could handle the case, and that is very sad indeed.
Baroness Anderson of Stoke-on-Trent (Lab)
My Lords, I want to make it clear and put on the record that there is no hierarchy of pain or justice. Everybody touched by the Troubles deserves answers; it is why and how we engage in legacy that is so important. Yesterday’s decision by the Secretary of State is the fulfilment of our commitment made at Weston Park 23 years ago—many years before the establishment of the commission and the appointment of Sir Declan Morgan. However, I am delighted that Sir Declan Morgan has the confidence of the noble Baroness, and I look forward to working with her in the months and perhaps years ahead, depending on how long my appointment lasts, as we discuss these issues in great depth.
Lord Murphy of Torfaen (Lab)
My Lords, I welcome my noble friend to the Front Bench. I am sure she will do a wonderful job as the spokesperson on Northern Ireland. When I was Secretary of State, I received the Cory report, which recommended four public inquiries. We agreed on three, but then deferred the Finucane inquiry for a bit longer because of prosecutions. Then, 20 years ago, as stated in the Statement, I made a commitment in the House of Commons to hold a public inquiry. For various reasons, that did not happen. So it is timely that that is happening now. I very much welcome this Statement and hope it will be the end of a very painful matter. I ask my noble friend, first, about the timescale for this—although she has touched on that—and, secondly, about the consultation that has been held with Members of the Northern Ireland Assembly and the Northern Ireland Executive. It is extremely important that there is a great deal of their involvement in this, and also—it has been test-run by the noble Lord, Lord Rogan—with the Irish Government and the Government of the United States of America.
Baroness Anderson of Stoke-on-Trent (Lab)
There are so many noble Lords in this House who participated and delivered peace in Northern Ireland—none more so than my noble friend Lord Murphy. I am very grateful, both for his mentorship and for the work that he did throughout his time as Secretary of State and that he continues to do to ensure that these matters are raised on a regular basis.
On the specific questions that my noble friend raised, he will know much better than I, given his former roles, that on the timescale, as fast as we may wish to go, we have responsibilities under the Inquiries Act 2005, which we will follow, and we will report to the House in due course. We hope to establish the public inquiry as quickly as possible, and I look forward to returning to your Lordships’ House with more detail as quickly as I can.
With regard to the consultation on future legacy arrangements that I believe my noble friend was touching on, we will of course be working with the Northern Ireland Assembly and Executive to make sure that they are fully engaged in our future arrangements, and that any future changes to the legacy Act have their confidence to deliver for the people of Northern Ireland. On that note, I want to put on record how delighted the Government are that both the Northern Ireland Assembly and the Executive are up and running and that their programme for government was published this week. In terms of engagement with the Republic of Ireland, before we announced the inquiry, the Secretary of State engaged with the Tánaiste, Micheál Martin, and spoke to the First Minister and Deputy First Minister in Northern Ireland to make sure that everybody was up to date and informed before a decision was made.
Lord McCrea of Magherafelt and Cookstown (DUP)
My Lords, I join others in welcoming the noble Baroness to her place. She said that the Finucane family had been waiting for many years—30 years—for answers. Well, my family has been waiting 48 years for answers. Nobody has been brought to court. No one has been charged. Yet we are left with the same heartache and heartbreak that they say the Finucane family has. The Finucane family has already had millions of pounds spent on investigations. Is the message from this Government that there is a hierarchy of victimhood in Northern Ireland and that, as far as the Government are concerned, the ICRIR will be good enough for the rest but not for the Finucanes? Is it “he who shouts the loudest” who seem to be the only ones that hurt?
Baroness Anderson of Stoke-on-Trent (Lab)
My Lords, I am so sorry to hear of the heartbreak and heartache that the noble Lord has had for the last 48 years. Every victim of the Troubles deserves information, peace and closure. We will do everything that we can to support every victim in making sure that they know the reality of what happened and how it happened. As I have said, there is no hierarchy in this area—no hierarchy of pain, no hierarchy of justice. We made a commitment in 2001 to four public inquiries. We are delivering on the one that is outstanding, following on from the court decisions and the processes that have been followed. With regards to the commission, I am aware of the noble Lord’s previous concerns about the legacy Act. I look forward to working with him and Members across the House as we move forward with amendments to the legacy Act and we seek to ensure that it and the commission have the confidence of every member of the community.
Lord Austin of Dudley (Non-Afl)
My Lords, I apologise to the noble Lord, Lord Murphy, and pay tribute to the work he has done over so many years in this area. Of all the appointments made by the Government since the election, none has pleased me more than to see my noble friend on the Front Bench, although I do not envy her the work she will have to do on this. I am sure she can look forward, for example, to families in Birmingham renewing their demands for a public inquiry into the pub bombings in 1974. It sems to me that the only beneficiaries now are the lawyers. These inquiries always take longer and cost more than the Government think they will. So at what point will we draw a line under all of this and use this money instead for economic development in Northern Ireland, for investment in schools, jobs, reconciliation and peacebuilding, and bringing young people from both communities together, so that the people of Northern Ireland can look forward to an even brighter future?
Baroness Anderson of Stoke-on-Trent (Lab)
I thank the noble Lord for his incredibly generous comments. We will see whether I live up to them—or not—in due course. Given the noble Lord’s role in the last Labour Government, he will be aware that every penny we can spend on economic development and regeneration itself acts as a bridge to peace and to moving on from the Troubles. However, people still need answers. One of the things we have heard in your Lordships’ House today is that people’s hurt is still tangible. We need to do everything we can to provide closure and to move forward on behalf of all the families and all those touched by the Troubles throughout my lifetime.
Lord Caine (Con)
My Lords, as there are a few seconds left, I thank the Minister for her answers this afternoon. When she looks at Hansard, she may notice that she missed one or two of my specific questions. I would be very grateful if she could go away with her officials—some of whom I spy out of the corner of my eye—and possibly write to me with some detailed answers to the questions I put.
Baroness Anderson of Stoke-on-Trent (Lab)
Of course, I apologise if I did not get to all of your Lordships’ questions, and specifically to the noble Lord, Lord Caine. I will check Hansard for the full debate and respond appropriately.