Patrick Finucane: Supreme Court Judgment

Viscount Younger of Leckie Excerpts

Wednesday 2nd December 2020 Lords Chamber

[Baroness Suttie (LD) [V]]

My Lords, I too would like to thank the Minister for repeating the Statement this evening, but share the view of the noble Baroness, Lady Smith, that it would perhaps have been better if he was able to do it in person. From these Benches, I also pay tribute to the Finucane family, and particularly to Geraldine—Patrick Finucane’s widow—who have all endured so much since his brutal murder in 1989. My heart truly goes out to them for what they must have had to endure over these past 31 years.

The Secretary of State for Northern Ireland’s announcement two days ago is as regrettable as it is concerning. As the Minister knows, and as the noble Baroness, Lady Smith, has said this evening, the UK Supreme Court has stated that none of the previous investigations into the murder of Patrick Finucane met the required human rights standards. He will equally know that the Law Society of Northern Ireland yesterday expressed its concern about the decision at this time not to establish a public inquiry into his murder.

The approach announced by the Secretary of State for Northern Ireland will not provide for witnesses and documents to be compelled, as would have been the case under a full public inquiry. Can the Minister say how he believes this decision is compatible with Article 2 of the European Convention on Human Rights and the necessary requirements for independence? This unfortunate decision is compounded by the sidelining of the Stormont House agreement that would do so much to provide a more holistic approach for all victims of the Troubles.

We are also facing continued delay to implementing the commitments to legacy, as set out in the New Decade, New Approach agreement. Can the Minister tell the House when he believes we will see an announcement on taking forward those proposals on legacy? Apologies, although welcome, are not enough. A public inquiry would do much to help both the Finucane family and the wider community get to the truth and find some closure. It is therefore some consolation that a future public inquiry has not been entirely ruled out. Patrick Finucane’s case raises serious questions about the rule of law, actions of the state and accountability. The Government’s decision raises serious public interest issues. I hope they will reflect on this and reconsider their decision.

[Viscount Younger of Leckie (Con)]

My Lords, I echo the words of the noble Baroness, Lady Smith: I am very sorry to hear today that the former Justice of the Supreme Court, the noble and learned Lord, Lord Kerr, sadly died earlier this week. I thank him for his service, and I give my condolences to his family.

I also agree with the noble Baroness that it would have been better if the procedures of the House allowed me to repeat the Statement, particularly on a subject that is so serious and important. It is often better that that is the case and I think this is one of those cases, so I completely agree with her points there.

I thank the noble Baroness, Lady Smith, the Leader of the Opposition, and the noble Baroness, Lady Suttie, for their statements. I state unequivocally that the murder of Patrick Finucane was an appalling crime, as the noble Baroness said. It caused tremendous suffering to all his family and to his wife Geraldine, as with so many other events that occurred during the Troubles and for so many other families from all communities across Northern Ireland and the rest of the United Kingdom and Ireland.

The Government are clear that the shocking levels of collusion made clear by previous investigations are totally unacceptable. The former Prime Minister, David Cameron, apologised publicly for that in 2012, as the noble Baroness said. This afternoon I echo the words of the Secretary of State in the other place on Monday by reiterating that apology today. I am very aware of the service and experience that the noble Baroness, Lady Smith, has had in Northern Ireland, and I listened carefully to what she said. She is right: at the end of the day, whether it is the dreadful murder of Patrick Finucane or any other murder, it is essential to get to the bottom of what actually happened.

I want to take a step back by saying that, over the years, as the noble Baroness said, the murder of Patrick Finucane has been the subject of a considerable number of investigations and reviews, including the three Stevens investigations and the de Silva review. As is well known, those investigations led to the conviction of Ken Barrett, a loyalist terrorist who pleaded guilty to the murder.

Then, jumping well ahead, in February 2019 the Supreme Court made a declaration that the state had not discharged its obligation to conduct an Article 2- compliant investigation into the death of Mr Finucane. That judgment specifically set out 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”,


but it did not specifically order a public inquiry.

As the noble Baroness, Lady Smith, said, following the 2015 police review of the de Silva report, a number of issues arose; they were referred to the Police Ombudsman for Northern Ireland and remain subject to investigation. On 2 November 2020, the Northern Ireland Office was informed by the Police Service of Northern Ireland that Pat Finucane’s case was shortly to undergo a process of review, expected to begin early in the new year. I want to clarify that both those processes are independent of government.

I hope I can give some reassurance to both noble Baronesses that, having considered all the options open to him to meet the state’s obligations under Article 2, the Secretary of State has concluded that at this time it is right to let the upcoming PSNI review process and the ongoing police ombudsman investigations move forward before making a further assessment of whether any further steps should be taken. The Government are clear that we are not taking the possibility of a public inquiry off the table at this time, as the noble Baroness said, but we wish to see the processes conclude.

To answer a question asked by the noble Baroness, Lady Suttie, concerning the breach of Article 2, the Government have acknowledged the Supreme Court finding that there is yet to be an Article 2-compliant investigation into the death of Mr Finucane, and we acknowledge that there has been some delay in setting out the way forward. However, I say again that we believe the two-pronged approach of allowing those two investigations to progress is the right way forward at this time.

[The Deputy Speaker (Baroness Fookes) (Con)]

We now come to the 20 minutes allocated for Back-Bench questions. I ask that questions and answers be brief so that I can call the maximum number of speakers.

[Lord McCrea of Magherafelt and Cookstown (DUP)]

My Lords, over 3,500 people were murdered, many butchered to death in the cruellest fashion, and tens of thousands were injured and scarred for life. Every murder, including that of Pat Finucane, is to be unreservedly condemned. Coming from a family whose loved ones were also murdered, I know the pain and heartache caused to the family circles. Everyone is equal under the law and equally subject to it, but the Finucane case, as it has been presented, places his family in a class of its own—a hierarchy of victimhood.

Is the Finucane case the only one in which the claim of collusion has been made? If not, what makes it different to others? Is it that it is regarded as high profile because of its political backing from pro-republican sources across Europe and America? Does this mean that the well-connected republican elite have a right to a different kind of justice to others? Is this what justice has really come to? If so, those with highly ranking political connections are treated preferentially, the ordinary citizen really does not stand a chance.

Can the Minister detail to the House the number of investigations which have already been carried out in the Finucane case? Can he say how many millions of pounds have been spent on it and compare that to the expenditure on investigations endeavouring to give answers to the families of those burned alive at La Mon and of the eight innocent workmen brutally murdered at Teebane, not forgetting the IRA atrocities carried out at Enniskillen and Kingsmill, to name but a few? The decision made by the Secretary of State for Northern Ireland is the right one, if justice is to be equal.

[Viscount Younger of Leckie (Con)]

I agree that the Finucane murder was particularly dreadful and high profile. We should never forget it, but it would be wrong to make comparisons with other dreadful crimes that took place. We are adamant that the right way forward is to make progress in dealing with the legacy of the past in Northern Ireland. I reassure the House that this remains a high priority for the Government. We remain committed to bringing forward legislation as soon as possible because we want information recovery and reconciliation to be at the heart of a revised legacy system that is fair and proportionate and delivers for victims from all communities. As part of this, we will engage closely with the Northern Ireland parties on proposals in the near future. It is important that we listen to a wide range of voices on this to find a way through. The point is that we need to look forwards, not backwards, while equally looking at the legacy of the past.

[Lord Caine (Con)]

My Lords, I declare an interest in that, from 2010, when the new Government inherited a complete impasse, to 2019 I participated in every key meeting on the Finucane case and helped to draft David Cameron’s statement in 2012. On that basis, I assure my noble friend that the announcement made by the Secretary of State on Monday is the right one. It has my full support and is entirely consistent with the requirements set out in the Supreme Court judgment.

This was a vile murder for which there was no justification, as with many thousands of others in Northern Ireland over the period of the Troubles. Does my noble friend agree that the right approach to legacy is not having highly selective, one-sided, open-ended and costly public inquiries but establishing mechanisms which have broad community support and the potential to offer better outcomes for all those who lost loved ones in the Troubles? David Cameron was right to say that collusion is always wrong, but we should never forget that the vast majority of those who served in Northern Ireland in the RUC and the Armed Forces did so with exemplary professionalism, integrity and bravery.

[Viscount Younger of Leckie (Con)]

I acknowledge the experience of my noble friend and all the time he has spent dealing with Northern Irish matters. I assure the House that this decision has been taken following very careful consideration of the facts, the findings of the Supreme Court judgment, the outcome of the independent counsel review, and the UK’s obligations under Article 2. It is important to remember that the Supreme Court judgment did not mandate a public inquiry, as I said earlier, and it specifically set out that it is for the state to decide.

On another question that he raised, there is no doubt that the collusion identified in this case is, as I said earlier, totally unacceptable. But we must also be clear about the high standards that almost all those who serve in our Armed Forces adhere to, performing in incredibly difficult circumstances to protect this country. So many people from both the Armed Forces and the security services give so much to protecting us, in Northern Ireland and across the UK. Finally, we agree that finding a way forward on legacy that works for all victims is a priority.

[Lord Empey (UUP)]

My Lords, the issue that runs through this particular case and the differing opinions about it is one of double standards. The vast majority of victims have no lobby groups working on their behalf and their cases are barely mentioned. In this particular case, there was collusion; that has been admitted. Why is it that this collusion is clearly an issue for the Irish Government, when the fact that, in the 1970s, senior Cabinet Ministers were involved in the creation, financing, equipping and training of the Provisional IRA is never mentioned? Other legal figures were killed in Northern Ireland, including several elected members of my own party, such as Edgar Graham, Robert Bradford and a number of councillors. There appears to be a different stream for people with big political connections, in the United States in particular, and the rest—the majority—of the victims, who are left to stew in their juice. Why is there no focus on the involvement of the Irish Government, and an apology sought from them as well as from our own?

[Viscount Younger of Leckie (Con)]

I have said it before and I will say it again: collusion is totally unacceptable, and this was made clear by David Cameron back in 2012. We believe that the way forward is to allow the independent reviews of the PSNI and the ombudsman to follow their course. To perhaps reassure the noble Lord, as the Secretary of State said on Monday, some new information is being published today from two sources—the 2015 PSNI review, or the de Silva report, and the government-commissioned review by the independent counsel. The new information will, we hope, through the independent reviews, lead to some progress. It includes the failure to identify RUC security services and secret intelligence services officers who failed to warn Patrick Finucane of threats to his life, and the failure to identify RUC officers who probably proposed Patrick Finucane as a target, and I could go on. This is part of the decision to allow these two independent reviews to run their course.

[Lord Dodds of Duncairn (DUP)]

My Lords, I support the Government in their decision in this case. The murder of Pat Finucane in 1989 has been, and should be, condemned as wrong and wicked. So too are the murders of all innocent victims, in Northern Ireland and elsewhere. There have been other, all too often forgotten, judges, lawyers and family members murdered by the IRA, whose brutal murders Sinn Féin—which is very prominent in this case—and its fellow travellers refused to condemn. Indeed, it still eulogises and glorifies their terrorist killers.

We should remember resident magistrate William Staunton, murdered in 1972; Judge Rory Conaghan, murdered in 1974; resident magistrate Robert McBirney, murdered in 1974; Judge William Doyle, murdered in 1983; Mary Travers, murdered in an attack on her father, Tom Travers, as he left church in 1984; Lord Justice of Appeal Maurice Gibson and his wife Cecily, murdered in a savage attack in 1987; the dear family Robin and Maureen Hanna and their six-year-old son David, murdered in an attempt to kill High Court Justice Higgins in July 1988; and Edgar Graham, who has been mentioned by the noble Lord previously, a human rights barrister, law lecturer and Assembly man, murdered in December 1983. Sadly, these dear people do not receive the same attention, concern, calls for inquiry or media coverage. Their families, too, deserve to know who planned and colluded in their murders. We remember them also this evening.

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[Viscount Younger of Leckie (Con)]

Indeed. The noble Lord read out, powerfully, a list of not only those who were caught up in the Troubles but those who were murdered. This is exactly what we want to do in looking forward and finding solutions. Those solutions have to deliver for victims, whose families need to find out what happened to the loved ones whom they lost during the Troubles. I say again that we are committed to bringing forward legislation that focuses on reconciliation, delivers for the victims, as I have said, and ends the cycle of reinvestigations into the Troubles in Northern Ireland that has failed victims and veterans alike. We need to look forward.

[Lord Dubs (Lab) [V]]

My Lords, of course every murder is to be condemned, whenever it happened, and I share the concern that the noble Lord, Lord Dodds, expressed about the horrible murders that he mentioned. But before us is the issue of justice and decency for the Finucane family. The Minister said that the PSNI was one way forward and that the police ombudsman was the other way forward. Is he aware that the chief constable said that there were no new lines of inquiry and that the police were reluctant to be involved because they would not be seen as independent in this matter? For all the good work that the police ombudsman does, she does not have the resources for the sort of full public inquiry that the Finucane family is asking for and which I think would be the right way forward in this case.

[Viscount Younger of Leckie (Con)]

I am certainly aware of that element in the statement from the PSNI. Perhaps I may say two things. First, we are adamant that the way forward is to allow the PSNI review process to run its course. Secondly, I think that the noble Lord will be aware that the chief constable has said that, in order to be quite clear that the review is independent, it is likely that an independent force, beyond him, will be asked to take this forward. It is also important to say that the indications are that the PSNI review will start very soon in the new year, although it is up to the PSNI to decide on all other aspects, including the timings of the review.

[Baroness Ritchie of Downpatrick (Non-Afl) [V]]

My Lords, at the outset, I say that all murder in Northern Ireland is wrong. Some of those opposed to a public inquiry into the Pat Finucane murder use the spurious argument that it would be unfair to favour the Finucane family over other victims’ families, thus creating a hierarchy of victims. However, does the Minister agree that the requirement for a public inquiry here goes well beyond seeking justice for the family, in that it is essential for all citizens in the whole of the UK, and not just in Northern Ireland, to know the truth of the central role that their Government played in this level of collusion, which has already been referred to and acknowledged by the former Prime Minister, David Cameron? As we know, the PSNI and the police ombudsman stated earlier this week that they are not ready to carry out such work because of issues to do with resources.

[Viscount Younger of Leckie (Con)]

I hear what the noble Baroness says. I reiterate what the Secretary of State said on Monday, which is that, with so much history of all the reviews that have taken place since the dreadful murder in 1989, it has made sense at this time to look at what we know now. On the noble Baroness’s comments about public inquiries, the Government have demonstrated that, when the public interest requires it, we will establish public inquiries to look at potential failings by government or state bodies. As she will know, we have done so in the case of the Manchester bombing. However, I reiterate that it is right that we allow the police and the ombudsman processes to proceed before taking a decision on whether further steps are required.

[Baroness O'Loan (CB) [V]]

My Lords, there can be no doubt that grounds exist for establishing a public inquiry into the murder of Patrick Finucane. An inquiry should be established because the matter is related to state collusion, leading to the murder, and there are major unanswered questions. As noble Lords know, both the PSNI and the Police Ombudsman for Northern Ireland have said they have no ongoing work in relation to the murder. The work of the police ombudsman, which was referred as a consequence of de Silva, relates to other terrorist murders carried out in Northern Ireland. When I was police ombudsman, I knew that I could not investigate matters surrounding the murder of Patrick Finucane because I did not have the powers. That continues for the current police ombudsman. She can only investigate the activities of police officers. She has no remit to investigate, with a view to prosecution, loyalist paramilitaries, the staff of the Ministry of Defence or the Security Service—that is what is required in this case. Moreover, the police ombudsman does not have the resources to do the work she should be doing; she is grossly underresourced. Yet, as I found when I carried out my investigations, while the crime in question may have occurred decades ago, what emerges from the investigation may have implications for policing today. Do the Government have plans to provide further funding to the police ombudsman to allow her to discharge her statutory duties? It is not a matter of double standards, an inquiry for one and not for the other. It is a matter of learning from the wrongdoing of the past to enable the anti-terrorism work of today.

There are hundreds of unsolved murders, as noble Lords have said. The current system is not working. We urgently need the independent historical investigations unit, which has been promised. It must be properly resourced and needs to do the type of investigation carried out by Chief Constable Boutcher in Operation Kenova. This is not a matter on which the Government can delay; it is urgent. Can the Minister tell us when a new, independent, properly resourced, historical investigations unit will be established?

[Viscount Younger of Leckie (Con)]

I am not able to give a timing for the historical unit. The noble Baroness has raised a number of questions and I have taken on board her views about the decision that has been made. I reassure her that funding for the PSNI is there. There is no issue over that funding or indeed for the ombudsman investigation. There is much to do; it is for both independent investigations to decide how they will progress, and it is up to them to let us know how they will do that. We have every confidence they will do the best job possible in looking at these matters.

[Baroness Kennedy of The Shaws (Lab) [V]]

I say at the outset that I agree entirely with the words of the Leader of the Opposition on the Labour Benches when she described the full horror of events in Northern Ireland, the losses involved and the particular case that we are dealing with today. One speaker asked what makes this case different, and others have alluded to the other horrifying killings in Northern Ireland and that there should not be a hierarchy regarding those losses and terrible deaths.

I want to make an argument that this case is different, because it goes straight to the heart of the rule of law. All murders are crimes against the people of a nation—there is no doubt about that. I remind people that the rule of law is not something to be easily dismissed, although the Secretary of State, Brandon Lewis, was unfortunately the author of that famous statement that it might sometimes be possible to breach the rule of law and international treaty law in limited and particular ways. I remind the House that the rule of law should not be broken—and certainly not by the state.

There are two elements of the Finucane case that are important to all of us, as a society: here you had a lawyer, whose role is fundamental to the rule of law; and you had collusion by the state in his killing. You had one part of the state interfering with another—the rule of law, which is fundamental.

Thirty years ago, a special moment took place when the basic principles on the role of lawyers were adopted by the United Nations. In that same year, 1990, the International Bar Association also laid down principles connecting lawyers and their role to the rule of law. It said—

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[Baroness Kennedy of The Shaws (Lab) [V]]

I will ask my question quickly. Does the Minister agree that the rule of law is fundamental and that the murder of Pat Finucane takes on particular significance because of the collusion of the state in it?

[Viscount Younger of Leckie (Con)]

The rule of law is indeed fundamental. I take note of the points made by the noble Baroness about the Finucane murder. The decision that has been made was taken following very careful consideration of all the facts, the findings of the Supreme Court judgment, the outcome of the independent counsel review, and the United Kingdom’s obligations under Article 2 of the European Convention on Human Rights.

House adjourned at 6.37 pm.