Patrick Finucane Murder

Debate between Baroness Anderson of Stoke-on-Trent and Baroness Suttie

Thursday 12th September 2024 Lords Chamber

[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.