Bertie Ahern (Dublin Central, Fianna Fail)

On that question, I do not believe anybody is saying they are missing. I am aware of them because I know that Justice for the Forgotten found the records in the British archive. Data and information in my Department, even if redacted and amended under the 30-year rule from 1974-75 are now in our archive. It is available for public use and historians have already gone through much of the data and written a considerable amount about it. As to whether that letter and a reply to it are there, I do not know, but at this stage it would have been passed over. If the reply was a straightforward one, it would not have been held back unless it was a matter concerning security and intelligence.

On the question of when I will publish the report, as I said to Deputy Rabbitte, as soon as I have the report and it is through the system in terms of the Departments and the Attorney General's office, I will bring it to the Cabinet and publish it as soon as possible.

In reply to Deputy Kenny's question — when is one ever sure? I am happy with the issue of Derry and that we got full closure on that. On the Dublin and Monaghan bombings, the British authorities have been helpful. They have gone out of their way, through various Secretaries of State, and have helped judges. I know that the late Mr. Justice Hamilton received a great number of files earlier on and a great deal of co-operation, as did Mr. Justice Barron. The latter's report is probably as close as we will ever get in regard to this matter. Members will recall that Mr. Justice Barron fairly well pieced together the whole circumstances of the Dublin and Monaghan bombings. There were some other issues which should have been followed up, which we considered — the question of the van, the UDR man staying overnight in a Dublin hotel and other such issues. They came under the terms of reference and I hope we will get some more finality on that.

Deputy Kenny particularly asked me to reply on the question of the Finucane murder. I do not want to leave on record that I am happy with the position — I am not. For whatever reason, the British Government has taken the view of the Inquiries Act and, in that respect I have to agree to differ with the British Prime Minister and the British Government. It is not compatible with what we agreed in Weston Park, with what Judge Cory stated at the time of his report or with what he has said now. It is not compatible with the kind of inquiry we thought we would get under the 1921 legislation. The British Government held back, it changed the legislation to the Inquiries Act. As I said previously, I cannot stand here or anywhere else and say this is a full, independent judicial inquiry for one reason concerning one clause. As I said publicly, I hope they do not find a judge to take that job. I hope no self-respecting judge takes that job because if he finds something, he cannot use it or show it. Therefore how is he fulfilling an independent judicial position? How is the inquiry full, if he has information which he cannot put forward, and how is it independent? It is neither what we nor the Finucane family nor all the rights activists who have helped them since 1989, have sought, namely, a full, independent judicial inquiry. I have said to Prime Minister Blair, I have put on the record of the House and I have stated in the UK that I do not think what we are being offered is full, independent or judicial. I have my reasons for believing that is so but they are my reasons. There is no point in me speculating but it is easy enough for people to work out by the fact I am saying I have my reasons.

As I know this record is closely watched by the British authorities when we discuss Northern Ireland issues, I say again that if they want to convince people of what everybody knows, that there was collusion at whatever level, what would change in the world? We all know that. It is just for it to be proved in an independent, judicial fashion. I have met nobody, except the British Government, who believes the Inquiries Act will give that and I have met a great many people on this issue.

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