Patrick Finucane

Baroness O'Loan Excerpts

Wednesday 12th October 2011 Lords Chamber

[Lord Maginnis of Drumglass]

My Lords—

[Baroness O'Loan]

My Lords—

[Earl Attlee]

My Lords, may I remind the House of the benefits of short questions in order that my noble friend the Minister can take as many questions as possible? Perhaps we should start with a former Secretary of State for Northern Ireland and then go on to the noble Lord, Lord Maginnis.

--- Later in debate ---

[Lord Shutt of Greetland]

My Lords, I will have to write to the noble Lord on that precise point about limitations. All I would say is that we should not forget that when the report by the noble Lord, Lord Stevens, was produced, in the end it was not possible for prosecutions to take place. Other matters may come up and people may contact Sir Desmond, but we cannot say what will happen. The idea is to get the truth about what happened with a murder. That is the position, and what happens subsequently is something for another day. However, on that specific point, I will have to write to the noble Lord.

[Baroness O'Loan]

My Lords, I wish to address two points raised by the Minister. First, the significance of the apology in the Bloody Sunday inquiry was that it followed an acknowledgement of the facts that had been revealed by that inquiry. The apology alone without the inquiry would not have addressed the issue. Secondly, I would like the noble Lord to confirm that this is a review, not a criminal investigation, and that therefore there will be no prosecutions following this review by Sir Desmond de Silva.

I am one of the few people in this House who has actually read all three Stevens reports, and I am aware of the extent of obstruction by the state in the course of those inquiries. I am also sighted of much further information in relation to the activities of loyalists over the years, and I am very clear that had the noble Lord, Lord Stevens, been allowed to do the inquiry that he wished to do and had that inquiry led to prosecutions, we would have been spared a very significant number of murders, intimidation, shootings and bombings.

My question to the Minister reflects the fact that the Finucane family has always been concerned that the full story of what happened should be told. The terms of reference of the inquiry appear to be limited to the incident of the murder. The Finucane family has been concerned about what happened prior the murder and the collusion that did exist, as identified by the noble Lord, Lord Stevens, between loyalists and representatives of the state. There will be no arrangements that will enable any challenge to any decision that will be made by Sir Desmond—and I am in no way impugning Sir Desmond when I say this—but there is no accountability in this process until it is finished.

Therefore, my question for the Minister is: can he give us an absolute, categorical, unqualified assurance that access will be given to all Special Branch and MI5 intelligence in relation to anybody who may have had any association of any kind with the murder of Patrick Finucane, or with those connected with the murder of Patrick Finucane? As a former Police Ombudsman for Northern Ireland, I am acutely aware of the games that can be played in releasing intelligence. You have to get the question absolutely right or you do not get the intelligence. I therefore ask the Minister for the assurance that there will in reality be no empty promises of full co-operation but that full access to all the intelligence will be given to this inquiry.

[Lord Shutt of Greetland]

My Lords, I thank the noble Baroness and pay tribute to her work in Northern Ireland over many years. She is concerned about whether Sir Desmond has the opportunity to look at the papers. The review will have the full support and co-operation of all government departments and agencies in carrying out its work. There is no intention whatever to restrict Sir Desmond in looking at these papers. That has been clearly said and I repeat that in saying that he has free access to look at these things.