Patrick Finucane: Supreme Court Judgment

Baroness Kennedy of Shaws Excerpts

Wednesday 2nd December 2020 Lords Chamber

[Viscount Younger of Leckie (Con)]

I am not able to give a timing for the historical unit. The noble Baroness has raised a number of questions and I have taken on board her views about the decision that has been made. I reassure her that funding for the PSNI is there. There is no issue over that funding or indeed for the ombudsman investigation. There is much to do; it is for both independent investigations to decide how they will progress, and it is up to them to let us know how they will do that. We have every confidence they will do the best job possible in looking at these matters.

[Baroness Kennedy of The Shaws (Lab) [V]]

I say at the outset that I agree entirely with the words of the Leader of the Opposition on the Labour Benches when she described the full horror of events in Northern Ireland, the losses involved and the particular case that we are dealing with today. One speaker asked what makes this case different, and others have alluded to the other horrifying killings in Northern Ireland and that there should not be a hierarchy regarding those losses and terrible deaths.

I want to make an argument that this case is different, because it goes straight to the heart of the rule of law. All murders are crimes against the people of a nation—there is no doubt about that. I remind people that the rule of law is not something to be easily dismissed, although the Secretary of State, Brandon Lewis, was unfortunately the author of that famous statement that it might sometimes be possible to breach the rule of law and international treaty law in limited and particular ways. I remind the House that the rule of law should not be broken—and certainly not by the state.

There are two elements of the Finucane case that are important to all of us, as a society: here you had a lawyer, whose role is fundamental to the rule of law; and you had collusion by the state in his killing. You had one part of the state interfering with another—the rule of law, which is fundamental.

Thirty years ago, a special moment took place when the basic principles on the role of lawyers were adopted by the United Nations. In that same year, 1990, the International Bar Association also laid down principles connecting lawyers and their role to the rule of law. It said—

[Baroness Bloomfield of Hinton Waldrist (Con)]

Could the noble Baroness please make her point swiftly, because we are over the time allowed for this question?

[Baroness Kennedy of The Shaws (Lab) [V]]

The independence of lawyers, and the opportunity for them to properly fulfil their function, should never be confused with the cases that they conduct. The lawyer is not to be identified by the authorities, or the public, with the client or the client’s cause, however popular or unpopular it may be. The killing of Pat Finucane was basically an assault on the legal system.

[Baroness Bloomfield of Hinton Waldrist (Con)]

The noble Baroness really must make her point swiftly, please.

[Baroness Kennedy of The Shaws (Lab) [V]]

I will ask my question quickly. Does the Minister agree that the rule of law is fundamental and that the murder of Pat Finucane takes on particular significance because of the collusion of the state in it?

[Viscount Younger of Leckie (Con)]

The rule of law is indeed fundamental. I take note of the points made by the noble Baroness about the Finucane murder. The decision that has been made was taken following very careful consideration of all the facts, the findings of the Supreme Court judgment, the outcome of the independent counsel review, and the United Kingdom’s obligations under Article 2 of the European Convention on Human Rights.