Patrick Finucane Murder
Debate between Hilary Benn and Lindsay Hoyle(3 weeks ago)
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The Secretary of State for Northern Ireland (Hilary Benn)
With permission, Mr Speaker, I would like to make a statement about the death of Patrick Finucane.
Patrick Finucane was a human rights lawyer. On 12 February 1989, he was brutally murdered in his home in north Belfast by 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 hon. Member for Belfast North (John Finucane). 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 establishing 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 from this Dispatch Box an unprecedented apology to the Finucane family on behalf of the British Government, citing the
“shocking levels of state collusion”—[Official Report, 12 December 2012; Vol. 555, c. 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 to establish an inquiry into the death of Mr Finucane—first in the agreement with the Irish Government, and then to this House—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 2005 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.
Oral Answers to Questions
Debate between Hilary Benn and Lindsay Hoyle(2 months, 1 week ago)
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Hilary Benn
I will readily give the hon. Member that assurance. I have met with all the party leaders, and the commitment to consultation that I have just given to my hon. Friend the Member for Newcastle-under-Lyme (Adam Jogee) will extend to all the parties in Northern Ireland.
Alex Burghart (Brentwood and Ongar) (Con)
I warmly welcome the right hon. Gentleman to his place. I know he brings considerable qualities to his role, and I look forward to working with him on behalf of all the people in Northern Ireland. I pay tribute to his predecessor, the right hon. Chris Heaton-Harris, who did such an excellent job and is much missed on the Conservative Benches.
I very much welcome the positive meetings that the Secretary of State has had with all parties since he was appointed. Following those meetings, may I ask him to reassure the House that on his watch, he will be an active supporter of the Union and an advocate for it?
Hilary Benn
I certainly do agree. All Governments, including the Northern Ireland Executive, have the money they have coming in, the money they can raise in addition, and how they will prioritise their spending. The Northern Ireland Executive have more funding per head of population than England, and it is for the Executive to take decisions about what their priorities are, and allocate funding accordingly.
Paul Holmes (Hamble Valley) (Con)
I welcome the Secretary of State and the Minister of State to their positions, and thank them for their gracious phone call last week to welcome me and my hon. Friend the Member for Brentwood and Ongar (Alex Burghart) to our positions. On Monday, the Business Secretary slipped out a written statement, rather than coming to this House, revealing that the Government have decided not to proceed with an export development guarantee, or emergency loans that would save Harland and Wolff, despite its unique role and outstanding defence contract. Will the Secretary of State use his position to continue the support that the previous Government gave to Northern Ireland, and make it clear to the Treasury that the people of Northern Ireland expect the Government to intervene in this case, and support Harland and Woolf, as is desperately needed?
Hilary Benn
There is no doubt that the change in our trading relationship with the European Union has brought additional costs and paperwork for businesses, whether they are selling to the EU or into Northern Ireland. The Windsor framework is the means by which we are trying to manage that. I supported the Windsor framework, negotiated by the previous Government, because it represented an important and significant step forward. The reason why we have to continue to implement it is because if we are going to get the veterinary and SPS agreement, and other agreements we are seeking with the European Union—
Simon Hoare (North Dorset) (Con)
The Anglo-Irish agreement is absolutely vital, and the meeting between the Prime Minister and the Taoiseach is to be welcomed. Prime Ministers’ diaries become very full; will the Secretary of State use his good offices to ensure that that dialogue between Taoiseach and Prime Minister continues to build on that relationship to see it flourish still further?
Hilary Benn
I can indeed give that assurance. My right hon. and learned Friend the Prime Minister has agreed there will be an annual summit.
Mr Gregory Campbell (East Londonderry) (DUP)
Does the Secretary of State agree with me that it is important that, in discussions with the Irish Government, they understand that the vast majority of people in Northern Ireland, whether they consider themselves to be British, Irish or Northern Irish, can see that it is the United Kingdom context that allows them that diversity, and that improving the lives of present generations is the best way to preserve the lives of everyone for the future?
Hilary Benn
I join the hon. Gentleman in that commitment to improving the lives of the people of Northern Ireland. As a Government, we are committed to working on that with him and all his colleagues in Northern Ireland.
Mr Speaker
I welcome the Prime Minister, the Leader of the Opposition and all new Members to the first questions to the Prime Minister in this Parliament.