Patrick Finucane Murder

Baroness Suttie Excerpts

Thursday 12th September 2024 Lords Chamber

[Lord Caine (Con)]

My Lords, I welcome the noble Baroness to her position and wish her well, but I must say—this is no reflection on her—that Northern Ireland would be better served in this House with a full-time departmental Minister.

The shooting dead of Patrick Finucane at home in front of his family in February 1989 by members of the loyalist terror group the Ulster Defence Association was a heinous act. Like all terrorist atrocities committed during the Troubles, whether loyalist or republican, there could never be any justification for it.

As the Statement makes clear, since 1989 there have been a number of investigations and reviews into the killing of Patrick Finucane—most recently the review by the late Sir Desmond de Silva QC, established by my noble friend Lord Cameron of Chipping Norton in 2011, which reported in December 2012. Sir Desmond, who had full access to the Finucane archive and all relevant state papers, concluded in 2012 that while there was no “over-arching State conspiracy”, there were shocking levels of state collusion.

The Statement acknowledges the unprecedented apology from my noble friend, which I helped to draft, and the Opposition stand by every word of that apology. Any state collusion was, and is, always wrong and should always be condemned, and those responsible should, wherever possible, always face the full force of the law.

The de Silva review sought to establish the facts of what happened in a far shorter timescale than could ever have been achieved by a lengthy and costly public inquiry. I maintain that the review, delivered on time and on budget, was a thorough, substantial piece of work that put far more information into the public domain about the Finucane killing than had ever been made available before. Despite that, as the noble Baroness made clear, after a series of legal challenges the Supreme Court ruled in February 2019 that the de Silva review, along with all previous investigations, was not fully Article 2 compliant, for the reasons the noble Baroness set out in the Statement.

It is worth pointing out that the 2019 judgment did not conclude that a public inquiry was required to remedy the Article 2 deficiency, let alone order such an inquiry. Rather, it said at paragraph 153 that:

“It is for the state to decide … what form of investigation, if indeed any is now feasible, is required in order to meet that requirement”.


Following further court challenges by the Finucane family, and deadlines set by the Court of Appeal in Belfast, the new Government announced yesterday that they will now establish a public inquiry under the terms of the Inquiries Act—something that, as the Statement points out, had previously been rejected by the Finucane family.

Although we respect the Government’s decision in this case, we believe it to be a mistaken decision and one that, I fear, is likely to be a case of “Grant in haste and repent at leisure”. In our view, a better and more appropriate way forward would have been to refer the case to the newly established Independent Commission for Reconciliation and Information Recovery, ICRIR. This body is now staffed and operational, since 1 May, under the distinguished leadership of the former Lord Chief Justice of Northern Ireland, Sir Declan Morgan KC, who revealed on Monday that the commission has already considered 85 applications, with eight of them now at the information recovery stage.

For all the controversy surrounding the passage of the Northern Ireland Troubles (Legacy and Reconciliation) Act, and despite the new Government’s pledge to “repeal and replace” the Act, they have now committed to keeping the ICRIR, the establishment of which forms the vast bulk of the Act. Indeed, in the Statement the Secretary of State expressed his confidence in Sir Declan Morgan and the ability of the ICRIR

“to find answers for survivors and families”.

In February this year the High Court found the ICRIR to be capable of conducting effective Article 2-compliant investigations and to be sufficiently independent of government. The Statement acknowledges that the commission has similar powers to compel and secure the disclosure of relevant documents by state bodies to those available to any public inquiry. The commission is able to hold hearings in public under an enhanced inquisitorial process and has the powers to compel witnesses—the main deficiency identified by the court in the de Silva review.

In light of all this, can the noble Baroness set out precisely what a public inquiry can achieve that the ICRIR cannot? Why set up an entirely new process, with all the time and cost involved in that, when we have a body in place that could begin straightaway and deliver the same outcomes?

On timings, can the noble Baroness give any indication of when the Government expect to appoint a judge to chair the inquiry, when we are likely to see the agreed terms of reference, and when the inquiry will begin formal proceedings?

The Secretary of State expressed the expectation that, given previous reviews and investigations, costs can be contained. Does the noble Baroness not agree that, given the thoroughness with which we expect public inquiries to be conducted, and mindful of the history of such inquiries in Northern Ireland, this might turn out to be something of a triumph of hope over expectation? What is the Government’s estimate of the time and the cost?

The Government’s main argument in favour of a public inquiry in this case appears to be its “unique circumstances”, the promises that were made at Weston Park in 2001 and those of the noble Lord, Lord Murphy of Torfaen, in the other place in 2004. Can the noble Baroness set out what precisely are the unique circumstances of this case that set it apart from other atrocities carried out during the Troubles and that merit different treatment? Have the Government considered the impact of this decision on other victims and survivors of the Troubles? Can she confirm that the challenge to the previous Government’s decision not to proceed with a public inquiry, on the basis that this had been promised by another Government years before, was dismissed by the Supreme Court in February 2019? Can she also say how many other demands for public inquiries the Government are currently considering?

Finally, I welcome the acknowledgement in the Statement of the role of the security forces, the vast majority of whom, as the noble Baroness pointed out, carried out their duties with courage, professionalism and dedication to the rule of law, and whom we all owe a tremendous debt of gratitude.

[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.