Lord Caine:

Asked by Lord Caine

To ask His Majesty’s Government, further to the Court of Appeal judgment of 11 July, and the Secretary of State for Northern Ireland’s meeting with Mrs Geraldine Finucane on 25 July, (1) when they expect to announce a decision on how they intend to satisfy their Article 2 obligations in the case of Patrick Finucane and (2) whether they plan to do so via an Oral Statement to Parliament.

My Lords, I thank the noble Lord, Lord Caine, for his Question. On 11 July, the Northern Ireland Court of Appeal delivered its judgment on the previous Government’s appeal against the Northern Ireland High Court’s judgment in the case of the death of Patrick Finucane. The Court of Appeal dismissed the previous Government’s appeal, finding that there still has not been an Article 2-compliant investigation into the death of Mr Finucane. The Secretary of State met Mrs Geraldine Finucane and her family in Belfast to hear her views first hand on the circumstances surrounding the appalling murder of her husband and to discuss next steps for responding to the court’s judgment. The Secretary of State wants to ensure that the Government make a decision about the way forward on this case as soon as possible and that this decision takes account of the views of Mrs Finucane. As part of this, the Secretary of State has asked the Northern Ireland Office to examine the options available regarding the establishment of an Article 2-compliant investigation into the death of Mr Finucane. The Government will provide further information on their response to the court in due course and are happy to commit today to update Parliament via an Oral Statement when a decision has been made.

My Lords, I am grateful to the noble Baroness. The murder of Patrick Finucane was a vile atrocity for which there could never be any justification whatever and I stand by the apology that I helped to draft for my noble friend Lord Cameron of Chipping Norton when he was Prime Minister in 2012. Now that the Government have decided that they will not scrap the Independent Commission for Reconciliation and Information Recovery, can the noble Baroness confirm that referral of the Finucane case to that body remains an option, given that the High Court ruled in February that it is independent and capable of carrying out ECHR-compliant investigations? I welcome what she said about updating Parliament via an Oral Statement and we will hold her to that.

I am grateful to the noble Lord, Lord Caine, for his words and concur with what he said about the apology from the noble Lord, Lord Cameron. Noble Lords will understand that the Secretary of State wishes to engage fully with the Finucane family and others in respect of finding the right way forward at this stage, but I note what the noble Lord said about the commission.

My Lords, does the Minister agree that the approach of the previous Government has resulted in the Finucane family, like so many other families in Northern Ireland, waiting far too long for justice? In the light of Hilary Benn’s Written Statement yesterday on the legacy Act, can she say how and when the Government will announce whether they intend to restart inquests?

It is my understanding that inquests can be restarted as soon as the necessary steps are taken. The Government do not seek to delay that any longer than is absolutely necessary, for reasons that I am sure the noble Baroness can appreciate.

First, I take this opportunity to welcome the noble Baroness, Lady Chapman, to her place dealing with Northern Ireland issues and look forward to working with her in the future. Today is the start of the Omagh bomb inquiry in Omagh, and I am sure the whole House will have the victims’ families in the forefront of their mind as they go through the start of what will be a very long procedure. Does the Minister agree that it is important that His Majesty’s Government never take any action or decision that would give the perception to victims right across Northern Ireland that some victims’ lives are worth more than others?

I am grateful to the noble Baroness, Lady Foster, for her welcome. I note, as she did, that today is the start of investigations into what happened in Omagh. On her point about all victims being treated with equal respect and concern, of course she is right.

My Lords, I welcome my noble friend to the front bench. I recall the murder of Patrick Finucane. It was one of the most heinous murders in Northern Ireland back in the late 1980s, like many other murders right across the piece. I hope that the Government will find a solution for Geraldine Finucane and her family because no doubt they are tortured as a result of such a murder. Yesterday, I welcomed the Government’s decision to withdraw the previous Government’s decision to take the High Court to court in relation to the ruling over the amnesty decision. In that respect, there are other outstanding cases. Will the Government withdraw the application by the previous Secretary of State for a judicial review of the decision of the coroner in the case of Sean Brown to confirm that state agents were involved in his murder, as they were in other murders in Northern Ireland?

I thank my noble friend Lady Ritchie for her question and completely agree with her comments about the heinous nature of the murder of Pat Finucane. I remind noble Lords that one of the first meetings the Secretary of State held was with Geraldine Finucane. That signals something about his intention to deal with this issue with the greatest care. It is important that a way forward is found with families and victims that can command as wide a degree of support as possible in the circumstances. My Right Honourable Friend the Secretary of State will consider all the issues that my noble friend Lady Ritchie has raised.

My Lords, I, too, welcome the noble Baroness to her place. Will she tell the House what the criteria will be in determining any future inquiries? It seems to a lot of people that there is a hierarchy of who gets inquiries and who does not. That can, in part, result from a campaign, whether well-funded or by people who have a profile. However, hundreds of ordinary people were murdered in atrocious circumstances similar to those of Patrick Finucane, and they do not seem to have a voice. Sight of the criteria that the Government will apply would be most helpful, because that would at least let people know what the process is rather than it seeming to be simply responding to high-profile campaigns.

I am familiar with the point that the noble Lord has made. The Government are giving careful consideration to the recent rulings and requests for public inquiries in these cases. A decision to establish a public inquiry will be taken only after full consideration of the specific individual factors of each case. The Secretary of State is very concerned to ensure that the Government make decisions in these cases as soon as possible.

My Lords, I welcome my noble friend to her position; I also welcome the Statement and the engagement of the Secretary of State for Northern Ireland. This has been a long-running problem, I think since 1989. It is true that the campaign has been kept alive, not least by the stalwart efforts of Geraldine Finucane. It is time that it was brought to some sort of closure. I therefore commend the Secretary of State for his engagement with the Finucane family, because, without that, I do not think that we will never reach closure.

I thank my noble friend for the points that he made and assure him that I will make sure that my Right Honourable Friend the Secretary of State is aware of his comments, given his extensive experience in Northern Ireland.

My Lords, I, too, welcome my noble friend to her position on the front bench. I welcome very much the Secretary of State having met the Finucane family. This has been going on for years, and we have just got to bring it to a satisfactory conclusion, if that is at all possible. I note the point made by the noble Lord, Lord Empey, because we open the door and then there is a list of tragedies where everybody wants an inquiry. For example, if I was pitching one in, it would be Ballymurphy, where again we need a resolution. I welcome the progress that has been made so far and hope that this issue, the Finucane family tragedy, will be resolved as soon as possible.

I thank my noble friend for making that point. I do not think there was a question there; I take it as general support for the broad approach being taken by the Secretary of State, and I will make sure that he is aware of my noble friend’s views.