Bertie Ahern (Dublin Central, Fianna Fail)

I do not want to be guilty of repetition. Deputy Rabbitte asked all but the last question put by Deputy Ó Caoláin. To briefly restate my reply, I said here a few weeks ago that I would raise the matter with the Prime Minister at my next meeting with him. I did so last Wednesday but our discussions primarily concerned the European Council meeting. I told him that I expect the British position to be presented next week, when a full session of the British-Irish Intergovernmental Council will be held. I hope that they co-operate and change their stance. By doing so, they would make it much easier for the Government, the Oireachtas committee and the whole process. We have repeatedly stated our position and Members have as well. They understand the message from this House and it has entered their system.

The Cabinet is not pre-empting matters because I will have to report back if the answer is "No". We will then have to ask the Attorney General for legal advice on implementing further steps. As I noted to Deputy Costello during a previous Question Time, that is our position. I do not see it continuing beyond next week, unless they ask for time to consider. They are aware that they are on notice next week to provide an answer, that we have pressed the issue at length and, if they will not assist us, we want to move to next phase. I believe they are wrong in this issue. I waited until a new Government had been formed and left it for a few months during the pre-election period. We restated our position and will see what happens.

Regrettably, the legislation on commissions of investigation is now law. Deputy Ó Caoláin is aware that I opposed it at every stage and made this clear. I am glad that many people used my arguments in speeches in the Houses of Commons and Lords. However, the legislation was proceeded with. To be frank, I do not see any chance that it will be changed. That is not the state of mind. They have made up their mind that this is the way they will go. It creates difficulties for us, particularly in terms of the Finucane case, which we are attempting to address. We do not see how the commission of investigation legislation honours the position agreed in Weston Park.

I was careful in Weston Park in 2001 having learned from experience the need to be precise about what I agreed to. A detailed position of what we believed was written in. We were equally careful when we brought that forward to Mr. Justice Cory. Rather than quoting myself, I will cite the judge. Mr. Justice Cory, who is independent and was jointly appointed as opposed to being my appointee, made it absolutely clear he does not believe the legislation under investigation by the committee is compatible. Before his appointment nobody in this country, including me, knew this fine man who gave so much time to this. Mr. Justice Saville of all people also stated he holds that view. The British must deal with that position themselves.

See this speech in context