Part of the debate – in the House of Commons at 1:32 pm on 11 September 2024.
I thank the Secretary of State for his statement, and for advance sight of it and his courtesy call this morning. I am particularly grateful to him for bringing it forward before recess. I know the deadline that the Court gave him was
The murder of Patrick Finucane, like so many murders during the troubles, was a dreadful act of violence that must not be forgotten. The Opposition stand by the findings of the 2012 de Silva report that while there was no evidence of an overarching state conspiracy in the case of his murder, there were shocking levels of collusion—something for which the then Prime Minister, now Lord Cameron, rightly apologised to the House in that year. I fully appreciate the Secretary of State’s desire to bring the matter to a close after a very long period, and I know that a full public inquiry will do it, but I wish to ask serious questions about the decision to choose a full public inquiry over one of the alternatives that he mentioned.
It is clear that the Finucane family, who have suffered so much, are owed a further and deeper investigation. That much was made clear by the Supreme Court’s finding in February 2019, when it noted that the de Silva report had not been able to compel witnesses or take its evidence in public. In other words, it had not been article 2 compliant. However, as the Secretary of State said, this year the Belfast High Court concluded that the ICRIR was capable of conducting an article 2-compliant investigation and was sufficiently independent to do so.
My first question to the Secretary of State is: given that the ICRIR has powers to compel witnesses and take evidence in public, what is it that a full public inquiry will be able to do that the ICRIR cannot? This is important because the ICRIR is already fully staffed and active and could begin work quickly, whereas the establishment of a full public inquiry and the building of that team will inevitably take time. Given the opportunity for further delay, I ask him to set out for the House what steps he is taking to ensure that the public inquiry is conducted as quickly as possible. Can he give an undertaking to have appointed a chair and agreed terms of reference before the end of the year, say? In his statement, he referred to the High Court proceedings, where the judge suggested that an inquiry could
“build on the significant investigative foundations which are already in place”.
I hope that will mean that we can have terms of reference relatively fast.
Similarly, in the Secretary of State’s conversations with his right hon. Friend the Chancellor, has the Secretary of State set an expectation of time and costs? We know from previous public inquiries that unless these things are considered early on, the inquiries can take a long time and cost a great deal.
On the issue of the ICRIR itself, I am pleased to hear that the commission has the Secretary of State’s confidence. We agree that it is showing itself to be an excellent and effective body with a highly capable chair. I note that it was also the creation of the previous Government. It was created, as he knows, by the Northern Ireland Troubles (Legacy and Reconciliation) Act 2023, which his Government have committed to repeal. Indeed, the House will appreciate that a large part of that legislation is given over to the creation of the ICRIR. I ask him to reassure us that he has no intention of repealing that part of the Act.
Returning to the public inquiry that has just been announced, there is one other issue on which we should seek clarity today. In his statement, the Secretary of State referred to the “unique circumstances” of the case. It is important that we understand exactly what those unique circumstances are, because it is important that the Government do not unwittingly set a precedent for many more public inquiries. As a veteran of the Cabinet Office, I became acutely aware of a danger that public inquiries could cease to be the exception and become the rule. Given that there are thought to be thousands of murders from the troubles still unsolved, there is a risk of setting a precedent that would make inquiries the rule. There will be those who ask that if there is to be a full public inquiry in one murder case, why not in another, or in many others? To avoid that happening if this case is, as the Secretary of State says, genuinely unique, the Government have a responsibility to set out why that is. We must not risk turning the system of public inquiries into a more routine process. I am sure that he will feel the same way, and I ask him to make that commitment. I thank him for his statement.