Patrick Finucane Murder

Lord Caine 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?

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[Baroness Anderson of Stoke-on-Trent (Lab)]

I thank the noble Lord for his incredibly generous comments. We will see whether I live up to them—or not—in due course. Given the noble Lord’s role in the last Labour Government, he will be aware that every penny we can spend on economic development and regeneration itself acts as a bridge to peace and to moving on from the Troubles. However, people still need answers. One of the things we have heard in your Lordships’ House today is that people’s hurt is still tangible. We need to do everything we can to provide closure and to move forward on behalf of all the families and all those touched by the Troubles throughout my lifetime.

[Lord Caine (Con)]

My Lords, as there are a few seconds left, I thank the Minister for her answers this afternoon. When she looks at Hansard, she may notice that she missed one or two of my specific questions. I would be very grateful if she could go away with her officials—some of whom I spy out of the corner of my eye—and possibly write to me with some detailed answers to the questions I put.

[Baroness Anderson of Stoke-on-Trent (Lab)]

Of course, I apologise if I did not get to all of your Lordships’ questions, and specifically to the noble Lord, Lord Caine. I will check Hansard for the full debate and respond appropriately.