The British government is set to make a final decision on whether to hold a public inquiry into its security forces’ involvement in the murder of Belfast solicitor Pat Finucane.
Previous probes have already found evidence of collusion in the infamous murder carried out by the unionist paramilitary Ulster Defence Association (UDA) in Belfast in 1989.
But while a full public inquiry was promised by the British government in 2004 as part of the developing peace process, new legislation introduced subsequently robs any inquiry of true independence. (See comment at end of article)
Britain’s secretary in the six counties, Owen Paterson, said he had met with the Finucane family earlier this week and now planned to spend two months considering the case before making a decision on whether or not to hold an inquiry.
“I believe it is right that I should determine the way forward in this case and that consequently I should set out a clear decision making process both to the House and to the Finucane family,” he said in a ministerial statement released at Westminster.
Paterson said the other factors he would consider when deciding the public interest would include the commitment given to the House of Commons in 2004 in relation to an inquiry. The conclusions of reviews and investigations into the case and the extent to which the case had caused, and was capable of causing, public concern.
He added that the experience of the other inquiries established after the commitments made by the British government following political talks, and the delay that had occurred since the 2004 announcement and the potential length of any inquiry would also be considered. In addition to this, political developments that had taken place since 2004 and the potential cost of any inquiry and the current pressures on the UK government’s finances would be looked at.
The murdered solicitor’s widow, Geraldine, said Paterson had written to her to outline his plans for the way forward.
“I have received a detailed letter this morning from Owen Paterson,” she said. “I am assessing the issues raised in the letter and I will be discussing the contents with my family shortly and we will respond in due course.”
The Pat Finucane murder was the most notorious of a series of atrocities where British security forces colluded with unionist paramilitaries. RUC and British army agents in the UDA were involved in the murder plot and another loyalist has admitted that he was prompted by the RUC to kill the human rights solicitor. Pat Finucane was shot fourteen times by gunmen who forced their way into his north Belfast home and blasted their bullets into him as he ate a meal with his wife and three children. After years of speculation surrounding the murder, the former head of the London Metropolitan Police, John Stevens, reviewed the case and confirmed there was clear evidence of collusion.
Written Ministerial Statement from the British government’s secretary in the six counties, Owen Paterson:
“The House will be aware that one of my predecessors as Secretary of State for Northern Ireland , the Right Honourable Member for Torfaen (Paul Murphy), announced in the House on 23rd September 2004 that he would take steps to establish a public inquiry into the death of Patrick Finucane in 1989. To date no such inquiry has been established.
I believe it is right that I should determine the way forward in this case and that consequently I should set out a clear decision making process both to the House and to the Finucane family. I met the family on the 8th November to listen to their views and I have written to them formally inviting their representations as to whether it is in the public interest that I should establish a public inquiry into the death of Patrick Finucane. I will consider those representations carefully and in detail, along with any other relevant representations that I receive over the next two months, before deciding this question.
In addition to considering representations on the case, I shall also need to take into account a broad range of other factors in determining what the public interest requires. The other factors that I will consider when deciding the public interest will include:
¨ The commitment given to this House in 2004.
¨ The conclusions of reviews and investigations into the case and the extent to which the case has caused, and is capable of causing, public concern.
¨ The experience of the other inquiries established after the Weston Park commitments
¨ The delay that has occurred since the 2004 announcement and the potential length of any inquiry.
¨ Political developments that have taken place in Northern Ireland since 2004, and
¨ The potential cost of any inquiry and the current pressures on the UK Government’s finances.
It is my intention to consider the public interest carefully and in detail at the end of the two month period for representations and then to take a decision after such consideration as to whether or not to hold a public inquiry into the death of Patrick Finucane.”
TOM COMMENT
The Saville Inquiry into Bloody Sunday was conducted under the Tribunals of Inquiry (Evidence) Act 1921. The “new legislation” referred to in paragraph 3 above, is the Inquiries Act 2005 which replaces the 1921 Act and ensures that no genuine Public Inquiry can now take place. This is why the Finucane family have so far refused an Inquiry under 2005 Act. A Briefing Paper on the Inquiries Act 2005 is attached.
