Patrick Finucane Report

Edward Miliband Excerpts

Wednesday 12th December 2012 Commons Chamber

[Edward Miliband (Doncaster North) (Lab)]

Let me first thank the Prime Minister for his statement and for the tone in which he delivered it. Let me also thank Sir Desmond de Silva for his work and how he went about his task. He has produced a serious and long report within the terms of reference he was set, and it will take time to absorb it. I also welcome the Prime Minister’s apology to the Finucane family; it is the right thing to do, and I am grateful to John Finucane for the conversation that I had with him.

Pat Finucane was a husband, father and brother who was murdered in his own home as he sat with his family on a Sunday evening. What makes it even worse is that 23 years after this appalling crime, his family are still searching for the truth with the utmost courage and dignity.

I agree with the Prime Minister that this report provides disturbing and uncomfortable reading for us all, because it makes it clear that there was collusion in murder and a cover-up, and furthermore that

“Agents of the State were involved in carrying out serious violations of human rights up to and including murder.”

Of course, as the Prime Minister said, this should not diminish the service of thousands of police officers, soldiers and security service personnel who are dedicated to protecting and serving people in Northern Ireland. They have my admiration and I am sure that of the whole House. They will be as appalled as we all are by the findings of the report today.

As we examine and assess the findings of this report and whether it is adequate—the Prime Minister thinks that it is—it is essential that we remember the background. An investigation into the murder of Pat Finucane in which the public had confidence was an important part of the peace process that began under Sir John Major and has continued since.

At Weston Park in 2001 both the Irish and British Governments agreed to appoint a judge of international standing to examine six cases in which there were serious allegations of collusion by the security forces. That applied in both jurisdictions—the UK and Ireland. It was agreed that in the event that a public inquiry was recommended in any of the cases, the relevant Government would implement that recommendation.

Judge Peter Cory was appointed and recommended that public inquiries were necessary in five separate cases. Three of those on the UK side have been completed and the one inquiry recommended on the Irish side is expected to report next year. The only outstanding case in which a public inquiry was recommended but has not taken place is that of Pat Finucane. The last Government could not reach consensus with the Finucane family on arrangements for such an inquiry, but towards the end of our time in office the Finucane family indicated that they would support a public inquiry under the Inquiries Act 2005, and a way forward had begun to be discussed. As the Prime Minister knows, the Opposition continue to believe that we should abide by the obligations under the Weston Park agreement. In that context, may I ask him four questions?

First, does the Prime Minister recognise the concern that the failure to hold a public inquiry is at odds with agreements that were an essential part of the peace process? Secondly, I believe it is right to say that Sir Desmond could not compel witnesses or cross-examine them in public and had to accept the assurances of state bodies that he had been given all relevant material. Does the Prime Minister therefore recognise the concern about the limits of what the de Silva inquiry could do compared with a full public inquiry?

Thirdly, the British and Irish Governments had been at one on this issue. What discussions has the Prime Minister had with the Irish Government about de Silva’s review and about what their position is likely to be today?

My fourth and final question takes me to the issue of public confidence. Continuing to build trust and confidence among the communities of Northern Ireland remains essential, as the Prime Minister said. The appalling violence that we have seen on the streets of Northern Ireland in recent days reminds us of that. Judge Cory said that a public inquiry into the murder of Pat Finucane was needed because

“without public scrutiny doubts based solely on myth and suspicion will linger long, fester and spread their malignant infection throughout the Northern Ireland community.”

Notwithstanding the good work done by Sir Desmond de Silva, can the Prime Minister really say with confidence that the whole truth has been established in the case of Pat Finucane? How can we say that when it is dismissed by the family and many in Northern Ireland?

We must, as a United Kingdom, accept that our state sometimes did not meet the high standards that we set ourselves during the Northern Ireland conflict. Anyone reading the report will believe that it describes an appalling episode in our history. Those in all parts of the House share a belief that we must establish the full and tested truth about Pat Finucane’s murder, but the Opposition continue to believe that a public inquiry is necessary for his family and for Northern Ireland.

[The Prime Minister]

I am grateful for the right hon. Gentleman’s response and the way in which he gave it. Let me say first that he is entirely right that we should take time to study and consider the report. There is a huge amount of detail in it, and lots of consequences may flow from it.

The right hon. Gentleman focused on the important question of whether there should be a public inquiry. I made the decision that it would not be right to have one for a number of reasons. First, if we look at the other inquiries that were started after the Weston Park agreement was reached—it is worth noting that that is now more than 10 years ago—we see that some of them took five or six years or longer and cost tens of millions of pounds, and I do not believe that they got closer to the truth than de Silva has in his excellent and full report. In fact, in the case of one of those inquiries, after six years and £30 million, the reaction of the family, which I can understand in some ways, was to ask for a further inquiry. To me, the real question is: what is the fastest way to get to the truth and the best way to lay out what happened and provide the security that that brings? I believe that the process we have been through is right.

On the Irish Government, I spoke this morning to Enda Kenny. The right hon. Gentleman is absolutely right that the position of the Taoiseach and the Irish Government has been in favour of a public inquiry, but I think they understand why we took our decision and respect the fact that we have been incredibly open and frank about what happened.

On the right hon. Gentleman’s question about the limits of this process compared with the public inquiry process, we have held nothing back. De Silva says in his report that he had full access to all the documents and everything he wanted, and that the decision to redact any names or information was taken by him. Of course, there is always the question of the public inquiry. We took our decision, and I said at the time of the last election that I did not think it was right to have further open-ended public inquiries following the enormous time and expense of the Saville inquiry, and I think that that remains the right position. We need to look at ways in which we can get to the truth and help people to move ahead in Northern Ireland, and this has been a good exercise in doing just that.

Obviously the last Government considered this matter, I am sure very carefully, but I would make the point that they had all the time between 2001 and 2010 to start the work of an inquiry and did not take that decision. I think that was partly because they understood, as we did, the problems, dangers and expense of open-ended inquiries.

In the end, what matters is getting to the truth, and I cannot think of many other countries anywhere in the world that would set out in so much detail and with so much clarity what went wrong. It pains me to read the report, because I am so proud of our country, our institutions such as the police and our security services and what they do to keep us safe. It is agony to read in the report what happened, but it is right that we publish it. We do not need a public inquiry with cross-examination to do that, we just need a Government who are bold enough to say, “Let’s unveil what happened, let’s publish it and then let’s see the consequences.”