Pat Finucane

Lord Coaker Excerpts

Wednesday 12th October 2011 Commons Chamber

[The Secretary of State for Northern Ireland (Mr Owen Paterson)]

With permission, I would like to make a statement. Following my statement to the House last November in relation to the murder of Mr Patrick Finucane, I have considered this case very carefully. I want to set out today how the Government intend to proceed.

The murder of Mr Finucane, a Belfast solicitor, in front of his family on 12 February 1989 was a terrible crime. There have been long-standing allegations of security force collusion in his murder. The former Metropolitan Police Commissioner Lord Stevens was asked to investigate the murder in 1999. He published his overview report in 2003, concluding that there was “collusion”, that the murder “could have been prevented” and that the original investigation of the murder

“should have resulted in the early arrest and detection of his killers.”

When he was asked by the previous Government to consider the question of a public inquiry, Judge Cory found in 2004

“strong evidence that collusive acts were committed by the Army…the RUC…and the Security Service.”

My right hon. Friend the Prime Minister invited the family to Downing street yesterday so that he could apologise to them in person and on behalf of the Government for state collusion in the murder of Patrick Finucane.

The Government accept the clear conclusions of Lord Stevens and Judge Cory that there was collusion. I want to reiterate the Government’s apology in the House today. The Government are deeply sorry for what happened. Despite the clear conclusions of previous investigations and reports, there is still only limited information in the public domain. That is why my right hon. Friend the Prime Minister and I have committed to establishing a further process to ensure that the truth is revealed. Accepting collusion is not sufficient in itself. The public now need to know the extent and nature of that collusion. I have, therefore, asked the distinguished former United Nations war crimes prosecutor Sir Desmond de Silva QC to conduct an independent review to produce a full public account of any state involvement in the murder.

Sir Desmond is an internationally respected QC who will carry out his work completely independently of Government. He has worked for the United Nations on major international issues in Serbia and Sierra Leone. In 2005, Kofi Annan appointed him to be chief prosecutor for the Special Court for Sierra Leone. In 2010, he was appointed by the United Nations Human Rights Council to the independent fact-finding mission to investigate the Israeli interception of a Gaza aid flotilla. His track record in carrying out this work speaks for itself.

Sir Desmond’s terms of reference are to draw

“from the extensive investigations that have already taken place, to produce a full public account of any involvement by the Army, the Royal Ulster Constabulary, the Security Service or other UK Government body in the murder of Patrick Finucane. The review will have full access to the Stevens archive and all Government papers, including any Ministry of Defence, Security Service, Home Office, Cabinet Office or Northern Ireland Office files that”

Sir Desmond believes

“are relevant.”

The account will be provided to me

“by December 2012, for the purpose of its publication.”

I have agreed the terms of reference with Sir Desmond, and I would stress that he is being given unrestricted access to these documents. He will be free to meet any individuals who can assist him in his task. It is, of course, open to him to invite or consider submissions as he sees fit.

The review will have the full support and co-operation of all Government Departments and agencies in carrying out its work. I have spoken to the Chief Constable, who has given his assurance that Sir Desmond will have the full co-operation of the Police Service of Northern Ireland. This Government have demonstrated in the Bloody Sunday, Billy Wright and Rosemary Nelson cases that we will publish independent reports without delay. The same checking and publication arrangements will be put in place.

This has been an exceptionally long-running issue. The previous Government sought to resolve the issue after the 2004 commitment to hold an inquiry but were unable to reach an agreed way forward with the family. I am disappointed that the family did not feel able to support the process that my right hon. Friend the Prime Minister and I outlined to them yesterday. I fully recognise that the family have pursued their long campaign to find out the truth with great determination. We do not need a statutory inquiry to tell us that there was collusion. We accept that, and my apology in the House today reflects this. The task now is to uncover the details of this murder. The public should not be kept waiting for many more years for the truth to be revealed.

The Government have taken a bold step by asking an internationally respected figure to produce a full public account. Details in papers and statements that have been kept secret for decades will finally be exposed. The House will be aware of the extensive investigations that have already taken place in this case. I am clear that we do not need to repeat all the work that Lord Stevens has already carried out for the truth to be revealed. The investigations into the murder of Patrick Finucane have produced a huge amount of material. One man, Kenneth Barrett, was prosecuted and convicted of the murder in 2004. Taken together, the Stevens investigations took 9,256 witness statements. The Stevens documentary archive extends to more than 1 million pages; 16,194 exhibits were seized. This was one of the largest police investigations in UK history.

Lord Stevens carried out a police investigation to bring forward evidence for prosecutions. A 19-page summary report was produced in 2003, but the Stevens investigation was not designed to provide a public account of what happened. That is why Sir Desmond de Silva will now have full access to the Stevens files and all Government papers to ensure that the full facts are finally set out. The House will not want to pre-empt the details of Sir Desmond’s report. When the report is published, the Government will not hide from the truth, however difficult.

I strongly believe that this will be the quickest and most effective way of getting to the truth. Experience has shown that public inquiries into the events of the troubles take many years and can be subject to prolonged litigation, which delays the truth emerging. As my right hon. Friend the Prime Minister and I have made clear for some time, we do not believe that more costly and open-ended inquiries are the right way to deal with Northern Ireland’s past.

I am acutely conscious that the conflict in Northern Ireland saw over 3,500 people from all parts of the community killed and tens of thousands more injured. We should never forget the many terrible atrocities that took place. More than 1,000 of those killed were members of the security forces. I want to be clear that the overwhelming majority of those who served in the security forces in Northern Ireland did so with outstanding courage, professionalism and even-handedness in upholding democracy and the rule of law. The whole House will agree that we owe them an enormous debt of gratitude.

The murder of Patrick Finucane has been one of the longest-running and most contentious issues in Northern Ireland’s recent history. The appointment of an internationally respected and wholly independent figure to produce a full public account demonstrates the Government’s determination that the truth about this murder should be finally revealed. The House will recognise the spirit of openness and frankness with which we are dealing with this difficult issue. I would encourage everyone to judge the process we have established by its results. I commend this statement to the House.

[Vernon Coaker (Gedling) (Lab)]

May I first thank the Secretary of State for early sight of his statement and for the welcome that he has on many occasions extended to me in my new post? I greatly appreciate it, as I do the welcome I have received from many others, too. I am delighted to have been appointed the shadow Secretary of State for Northern Ireland and I look forward to working in a bipartisan way with the Secretary of State whenever possible, as well as to working closely with the Northern Ireland Executive, and all their parties and representatives. I will, however, hold the Government to account and challenge them, where necessary.

Every community in Northern Ireland has suffered outrages, atrocities and murders, but today we are reflecting on the murder of Pat Finucane. His wife was wounded in the attack and his three children witnessed what no child ever should—the murder of their father.

Thirteen months ago, my right hon. Friend the Member for St Helens South and Whiston (Mr Woodward), to whom I pay tribute today for all the work he did in Northern Ireland, asked the Secretary of State to honour the commitments of a previous Prime Minister and previous Secretaries of State to hold an inquiry into the murder of Pat Finucane. That commitment was made as a result of an agreement between the British and Irish Governments at Weston Park in 2001. If peace and reconciliation are to be taken forward, we need to respect such agreements. The progress that has been made in Northern Ireland is built on trust. As we have heard from Judge Cory’s report, public inquiries have been held into the cases of Robert Hamill, Rosemary Nelson and Billy Wright, but not into that of Pat Finucane.

It was a source of great regret to us, as the last Government, that we were not able to agree terms of reference with the Finucane family for an inquiry to take place under the Inquiries Act 2005, but today the Secretary of State has told us of his decision that there will no inquiry at all. Instead the Government have announced an inadequate review, although the whole country will welcome the apology. We are disappointed by that decision, and think that the Secretary of State should honour commitments that have been made.

The incredible scenes yesterday of the Finucane family at Downing street expressing their feelings of anger and outrage at having been completely let down by the Government show that this is no way in which to deal with such a difficult and sensitive issue. Will the Secretary of State tell us why he allowed the Finucane family to believe for so long that an inquiry would be offered to them? What discussions did he have with them before informing them of his decision? What advice did he give the Prime Minister that led the Prime Minister to invite the family to Downing street? They clearly believed that they would be offered something that would be acceptable to them; otherwise, why raise false hopes? What discussions had the Secretary of State had with his counterpart in the Irish Government before he made his decision?

Why, on the day on which the Irish Government extended by six months the Smithwick inquiry into the murders of Chief Superintendent Breen and Superintendent Buchanan regarding alleged Garda collusion, did the Secretary of State choose to deny an inquiry to the Finucane family? Does he accept that, while any form of inquiry takes time and carries a financial cost, it is possible for such inquiries to be both reasonable and not, in themselves, a barrier to the pursuit of justice? As for the proposed review of the Finucane papers, will he tell us how representations—including any from the family—can be made, what the expected cost of such a review will be, where the hearings will be held, whether any will be held in secret, and whether witnesses will be called?

Everything that has been achieved in Northern Ireland since the mid-1990s has been achieved with consensus. The Belfast, St Andrews and Hillsborough Castle agreements were all achieved by means of consensus. The Northern Ireland Executive operate by consensus. There are many horrors from the past, many atrocities, many outrages on the part of both loyalist and republican terrorists, but there is an opportunity for Northern Ireland to escape the grip of the past by confronting the truth about past events. Will the Secretary of State therefore tell us what the Government’s policy is for dealing with the past? Having denied a public inquiry into the death of Pat Finucane, will he tell us what additional resources he will provide for the Historical Enquiries Team?

The people of Northern Ireland have made real progress, but we must never take such progress for granted. It has taken real effort, commitment and trust. I agree with the Prime Minister: let us do the right thing. May I ask the Secretary of State to think again about an inquiry into the murder of Pat Finucane because it is the right thing to do? Seeking the truth and honouring agreements means that the cause of justice is served, and with it the cause of a better future for Northern Ireland.

[Mr Paterson]

Let me begin by congratulating the hon. Member for Gedling (Vernon Coaker) on his appointment to a difficult and important position. I warmly welcome his view that we should approach Northern Ireland issues in a bipartisan manner. He is sitting next to the right hon. Member for Neath (Mr Hain). The right hon. Gentleman, the right hon. Member for Torfaen (Paul Murphy) and the right hon. Member for St Helens South and Whiston (Mr Woodward)—who are also present—all played a distinguished part in bringing Northern Ireland to where it is now, continuing work which, in fairness, began under Sir John Major, whose role is often forgotten. I very much hope that we shall continue to work closely with one another. We met privately on Monday, and we have talked today. My door is always open, and I hope that we shall discuss these matters together.

The hon. Gentleman asked about the chronology. I wrote to the Finucane family within weeks—on 28 June last year—asking to meet them. I met Mrs Finucane in November last year, and I think I was the first Secretary of State to meet her since the right hon. Member for Neath met her in 2006. I said then that we had inherited an impasse. We entirely respected the position of the Labour Government, who had committed themselves to a public inquiry, but the right hon. Member for Torfaen had introduced the Inquiries Act 2005, and there appeared to be a jam. We wanted to unlock that jam, and we went into the process in a genuinely open-minded way.

On 11 November last year I issued a written ministerial statement, which the hon. Gentleman will have read, setting out various criteria against which we would make a judgment and inviting representations. It was a very open process, and we took representations. We were still in discussion with the family at the end of the two months, and we extended the period for a further two months. Until yesterday, I last saw Mrs Finucane in Washington on St Patrick’s day. I gave her an assurance that we wanted to come to a conclusion and resolve the impasse, but we could not do so during the Assembly election period. I promised that that would happen soon after.

It has taken longer, however. This has not been an easy issue to resolve, but what we have done is incredibly bold. We believe that by inviting the family to Downing street so that the Prime Minister can make an apology in person, we have moved the whole argument on.

The original justification for a public inquiry was, bluntly, to put the British Government on the spot and to prove that collusion had happened. We have accepted Stevens and Cory, and by making this bold apology—the Prime Minister made it in a full and frank manner, and I have repeated it today on the Floor of the House—we believe we have created an opportunity to move the argument on.

The question now is how do we get to the truth. That was clearly stated towards the end of today’s Prime Minister’s questions. As we have made clear in the build-up to this statement, we firmly believe that costly open-ended inquiries are not necessarily the best way to get to the truth. Speed is also an issue. Past inquiries have taken a long time. The hon. Member for Gedling mentioned Smithwick. That offers a classic example of the trouble we can get into with an inquiry. It had to be extended. The new Government tried to get an interim report in June and to limit the process to November, but it looks as though they will have to extend that.

What we have done is radical and bold. We have made a full apology, and we now have an opportunity to put in place a new process. There are 1 million documents and there will be more than 9,000 witness statements. That is where the truth lies, and we want to get the truth out. I hope that, on reflection, the hon. Gentleman will come round to agreeing that our approach is novel, bold and brave. It will cost approximately £1.5 million. The main offices will be in London, but obviously that is up to Sir Desmond, and he will certainly be visiting Belfast.

I met Sir Desmond this morning. I have appointed him, and his letter of appointment will be in the Library. He is very keen to get going and to meet the family. How he relates to the family and others is entirely up to him. He can invite people to attend. He does not have the power to demand that witnesses attend, but he will have powers—real powers, I hope—to get access to a huge archive of data. That is where the truth lies—we know the truth is in there—and we now all have an interest in getting to the truth.

The hon. Gentleman also asked about the past. As he knows, that is, sadly, a fraught issue. The Minister of State and I have been holding talks since we came into office last June; we have talked to all the political parties and to numerous interest groups. I know about the debate in the Assembly this week. Sadly, as the hon. Gentleman will find out when he goes there on Thursday, there is no consensus on the past. He mentioned the Historical Enquiries Team, which is looking into 3,268 deaths. We are very supportive of it and have always supported it, and we know that it is giving extraordinarily high levels of satisfaction to the families who have so far received reports, but oversight of it is a devolved responsibility, so the hon. Gentleman should discuss funding issues with the Northern Ireland Justice Minister, David Ford.

The Government in Westminster do not own the past. The solution to the past lies very much in the hands of local politicians. We will help to facilitate things, however. I will continue our talks and I will make further statements on our approach soon.