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Patrick Finucane: Supreme Court Judgment
30 November 2020
Lead MP
Brandon Lewis
Debate Type
Ministerial Statement
Tags
Northern IrelandForeign AffairsParliamentary ProcedureStandards & Ethics
Other Contributors: 30
At a Glance
Brandon Lewis raised concerns about patrick finucane: supreme court judgment in the House of Commons. A government minister responded. Other MPs also contributed.
How the Debate Unfolded
MPs spoke in turn to share their views and ask questions. Here's what each person said:
Government Statement
Northern IrelandForeign AffairsParliamentary ProcedureStandards & Ethics
Government Statement
Mr Deputy Speaker, I would like to make a statement regarding the murder of Patrick Finucane. The minister acknowledges that the murder was an appalling crime and emphasises the Government's commitment to work with Northern Ireland to bring truth and reconciliation. He reiterates former Prime Minister David Cameron’s apology in 2012 for the state’s failures during the troubles, noting that while an apology cannot undo history, it is right to acknowledge past actions that fell short of expectations.
The minister explains that previous investigations and reviews into Finucane's murder, including Stevens and de Silva inquiries, have led to convictions but did not address all issues identified by the Supreme Court. He states his decision not to establish a public inquiry at this time based on the work conducted by independent counsel from Northern Ireland and the ongoing police review processes.
The minister asserts that these processes can cumulatively meet the state’s obligations under Article 2 of the European Convention on Human Rights, emphasising the need for further investigations to proceed independently. He acknowledges the importance of public scrutiny but believes it is in the public interest to allow police and ombudsman processes to move forward before deciding whether a public inquiry is necessary.
The minister concludes by reiterating the Government's commitment to dealing with the legacy of the past, ensuring that society can look towards a shared future.
Pat McFadden
Lab
Wolverhampton South East
Question
Mr Lewis has committed himself to not ruling out a public inquiry at some point but when would be the right time? How does he envisage an independent body being put together, and who would decide on its scope?
Minister reply
The Government will consider all options available to them as they move forward with processes led by independent authorities. The minister acknowledges that it is important not to prejudice any emerging conclusions from these processes, so the timing for a public inquiry would depend on further developments.
Graham Jones
Lab
Blackpool North and Cleveleys
Question
The Finucane family have been waiting more than 30 years to learn what happened that night. Will they ever see the truth, or will this decision be an obstacle to justice?
Minister reply
The minister affirms his commitment to ensuring that all reasonable steps are taken by independent authorities to meet the state's obligations under Article 2 of the European Convention on Human Rights. He believes that ongoing processes can provide the necessary transparency and accountability.
Desmond Swayne
Con
New Forest West
Question
Has there been any communication with Sir Desmond de Silva to understand his perspective on whether a public inquiry would be the right course of action?
Minister reply
The minister has not directly communicated with Sir Desmond de Silva but acknowledges that his review was an important part of understanding the issues surrounding Pat Finucane’s murder. He emphasises the need for independent processes to proceed and considers all available options.
Graham Jones
Lab
Blackpool North and Cleveleys
Question
What specific actions will be taken to ensure that the PSNI reviews are conducted independently and effectively?
Minister reply
The minister assures that the review processes undertaken by the Police Service of Northern Ireland and the Police Ombudsman for Northern Ireland will proceed independently. These processes aim to address issues identified by the Supreme Court and provide necessary transparency.
Louise Haigh
Lab
Sheffield Heeley
Question
I thank the Secretary of State for advance sight of his statement. First, may I pay tribute, on behalf of my party, to the widow of Pat Finucane, Geraldine, and her whole family?... (full question continues)
Minister reply
The hon. Lady is absolutely right: we all should be working to find a holistic approach to the legacy issues for Northern Ireland.... (full answer continues)
Simon Hoare
Con
North Dorset
Question
The Secretary of State has announced a very difficult decision, which he will know is not without consequences. Like many with an interest in the affairs of Northern Ireland, my Committee is increasingly perplexed with regard to the Government’s current approach to legacy issues.... (full question continues)
Minister reply
I would say to my hon. Friend, who chairs the Northern Ireland Affairs Committee, that shortly after the statement in March, when we discussed legacy issues with victims groups, they asked us to pause because the people they represent were facing the challenges of covid... (full answer continues)
Lagan Valley
Question
Welcomes the Secretary of State's decision and condemns the murder of Pat Finucane, emphasising that all innocent victims are entitled to access to justice and truth.
Minister reply
Acknowledges the right hon. Gentleman's point about dealing with the legacy in its entirety and recognises the suffering across communities. The Government will publish further information on Edgar Graham's case this week.
Theresa Villiers
Con
Highwood
Question
Welcomes the statement and supports the decision while cautioning against letting the Finucane case overshadow the integrity of those who served in the police and armed services during the troubles.
Minister reply
Agrees with my right hon. Friend's point about the need to acknowledge the integrity of those serving in Northern Ireland, while acknowledging that the events related to Pat Finucane were unacceptable.
Colum Eastwood
SDLP
Foyle
Question
Does not thank the Secretary of State for his statement, accusing him of failing to do right by the Finucane family and sending a message that truth-seeking is futile here.
Minister reply
Claims quite the opposite; states that there will be a process that abides by article 2 obligations, with assessments following PSNI investigation and police ombudsman’s work.
Bob Neill
Con
Croydon South
Question
Asks if the Government accepts their obligations under section 6 of the Human Rights Act and seeks clarification on procedural constraints that caused issues with Desmond de Silva's inquiry.
Minister reply
Committed to article 2 obligations, reassesses Finucane case following PSNI investigation. The Chief Constable will set remit for review starting early next year.
Alistair Carmichael
Lib Dem
Orkney and Shetland
Question
Welcomes reliance on police and ombudsman inquiries but notes it has less weight due to the age of the case, arguing a public inquiry would enhance closure for other cases.
Minister reply
States that every case must be assessed on its merits. Examples show evidence can still come out decades later through investigations like Operation Kenova.
Joy Morrissey
Con
Beaconsfield
Question
Asks if the Secretary of State has spoken to the Irish Government about this matter.
Minister reply
Confirms regular communication with the Irish Government, including speaking today and prior to coming to the House.
Stephen Farry
Alliance
South Antrim
Question
Critiques the decision as poor, criticising sidelining of Stormont House agreement, and raises concerns about rule of law and accountability.
Minister reply
Acknowledges importance of Stormont House principles but notes that PSNI is independent with ability to appoint an independent force for review.
Rob Butler
Con
Henley
Question
Requests clarity on the PSNI review to ensure independence and prevent marking their own homework.
Minister reply
Clarifies difference between PSNI process and Police Ombudsman work; independent force may be appointed for case forward.
Gregory Campbell
DUP
East Londonderry
Question
Requests the same unequivocal condemnation of all murders, not just Finucane's, to properly deal with past legacies.
Minister reply
Acknowledges strength of feeling and highlights need for information and reconciliation. Emphasises respect for those who lost loved ones during troubles.
Bob Blackman
Con
Harrow East
Question
I welcome my right hon. Friend’s statement. Will he set out for the House what he expects the timescales to be for these reviews? This has all gone on over an extended period. The family are clearly concerned.
Minister reply
As always, my hon. Friend makes an accurate point. Owing to the independence of the PSNI, the exact timing of the process is a matter for it. As I said earlier, it is expecting to start in early 2021. The PSNI will be engaging with the family to seek their views on how they wish to engage with the process before that happens.
Tony Lloyd
Lab
Question
I very much regret the Secretary of State’s decision; it is the wrong one. Does he accept the fact that the decision not to hold a public inquiry looks like the state still determined to protect the state?
Minister reply
The hon. Gentleman has a long history of working on issues for Northern Ireland... The operational independence of the PSNI means that this is a matter for the PSNI. They will assess the remit and how they take this case forward.
Craig Williams
Con
Question
I broadly welcome my right hon. Friend’s statement... May I draw him on the article 2 obligations to which he alluded?
Minister reply
My hon. Friend asks a hugely important question, and the very straight answer to the House is that I cannot answer that yet; I do not know. I believe that these are the right next steps in terms of our article 2 obligations.
Dave Doogan
SNP
Angus and Perthshire Glens
Question
The Secretary of State rightly acknowledges that this was an appalling crime, but then continues that it was in a difficult and dark period in this nation’s history—a qualification that changes nothing.
Minister reply
I suggest that the hon. Gentleman looks back at my statement in Hansard later on... I have spoken to the Finucane family today. The decision we have made is around what is in the public interest.
Tom Randall
Lab
Question
Would I be right in concluding from my right hon. Friend’s statement that while a public inquiry has not been ruled out, at this stage to proceed with one would not much advance the matter and, in fact, would become entangled with the PSNI review he has announced?
Minister reply
My hon. Friend asks a good question... In terms of assessing whether the Government have fulfilled our article 2 obligations, we need to let these processes work through and then make that decision.
Tan Dhesi
Lab
Slough
Question
In 2012, Sir Desmond de Silva QC’s review found that “a series of positive actions by employers of the State that actively furthered and facilitated his murder”... Why is the Secretary of State procrastinating and adding to the heartache and pain of the Finucane family?
Minister reply
I think I have answered the hon. Gentleman’s question several times already today... The simple fact is that on 2 November, the PSNI notified my Department of the investigative review process it will be starting in early 2021.
Bob Stewart
Con
Question
I would like to see more focus on all the unsolved murders in Northern Ireland. I welcome the independent involvement of the legacy investigation branch into the murder of Patrick Finucane... can I be reassured by my right hon. Friend that the branch will be given sufficient resources, access to records and the time to determine what exactly happened on that fateful day 31 years ago?
Minister reply
On the budgetary issue, obviously the investigatory work that the PSNI is doing on cases... I share my hon. Friend’s view that we must all be working to secure information for families right across the United Kingdom.
Gavin Robinson
DUP
Belfast East
Question
The MP thanked the Secretary of State for his statement and recognised the complexity of legacy issues in Northern Ireland. He questioned the Government's decision not to financially support victims' pensions, citing previous commitments made by the Government.
Minister reply
The Minister acknowledged the importance of supporting victims but stated that it is up to the Northern Ireland Executive to prioritise funding for victims’ payments from their budget.
Question
Can my right hon. Friend confirm that he is fully convinced that the path forward set out in his statement discharges the Government’s duties and responsibilities towards meeting the Supreme Court’s statements?
Minister reply
Yes, the Minister confirmed that this next step involves police investigations to ensure all obligations under article 2 are fulfilled.
Sammy Wilson
DUP
East Antrim
Question
The MP expressed disappointment in the Secretary of State not ruling out further investigation expenses for Pat Finucane’s case, noting significant spending compared to cases involving IRA victims.
Minister reply
The Minister agreed that there is a need to investigate cases thoroughly but emphasised the independent nature of police investigations.
Question
Welcoming the Secretary of State’s statement, the MP highlighted the importance of helping individuals heal from past wounds and praised the broad approach outlined in legacy proposals.
Minister reply
The Minister agreed with his point, stating that reconciliation is crucial and engaging widely with civic society will help Northern Ireland look forward while remembering its history.
Mary Foy
Lab
City of Durham
Question
Expressing disappointment over the lack of an independent public inquiry into Pat Finucane’s death, the MP questioned whether intelligence sources should receive blanket immunity from prosecutions.
Minister reply
The Minister disagreed with her and stated that they are focused on fulfilling article 2 obligations through publishing information and allowing police work to proceed.
Jim Shannon
DUP
Strangford
Question
Thanking the Secretary of State, he questioned whether the rationale used for excluding Pat Finucane’s case from public inquiry applies similarly to other cases like La Mon and Ballydugan.
Minister reply
The Minister noted that each case must be examined individually but reiterated support for allowing PSNI and the police ombudsman to proceed.
Rachel Hopkins
Lab
Luton South and South Bedfordshire
Question
Disappointed with the decision not to grant a full public inquiry into Pat Finucane’s death, she raised concerns about the legal and ethical issues in the Government's approach.
Minister reply
The Minister disagreed with her assessment, stating that he wants to engage with civic society and political parties on legacy issues.
Shadow Comment
Louise Haigh
Shadow Comment
The shadow responds on behalf of her party and pays tribute to Geraldine Finucane and her family. She criticises the lack of adequate investigation into Pat Finucane's murder, highlighting that previous reviews have profound shortcomings identified by Lord Kerr in the Supreme Court judgment.
Haigh questions whether victims in Northern Ireland deserve less transparency and justice than those elsewhere, comparing it to the Manchester inquiry. She argues that the decision taken today will be a disappointment to the Finucane family and does not prevent the Government from remaining in breach of human rights obligations.
She points out that Sir Desmond’s review lacked power to compel witnesses, which may have led to identifying those involved in targeting Mr Finucane. Haigh asserts that waiting for ongoing police reviews is simply delaying justice and questions why a public inquiry cannot be initiated now.
The shadow calls on the Secretary of State to urgently engage with all communities and victims to deliver truth and reconciliation, highlighting the importance of the Stormont House agreement. She urges the minister to remember his deep responsibility in delivering justice to all victims.
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