Lindsay Hoyle
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Patrick Finucane Murder
Lindsay Hoyle Excerpts(2 months, 1 week 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.
