Tony Gregory (Dublin Central, Independent)
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Question 61: To ask the Minister for Foreign Affairs the steps he is taking to support the request of the family of the late Pat Finucane for a full public independent inquiry into the collusion involved in his murder. [7224/06]

Dermot Ahern (Louth, Fianna Fail)
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The House will be aware of the support which the Government has given to the Finucane family in its long campaign for an independent public inquiry into the murder of Mr. Patrick Finucane. The Government fully agrees with the family on the need for a public inquiry as recommended by Judge Peter Cory.

The British Government's current position is that it proposes to hold an inquiry under the UK Inquiries Act 2005. This is unacceptable to the Finucane family and to the Government. Both prior to and since the enactment of this legislation, the Government has raised its concern about this legislation with the British Government. This has been done directly by the Taoiseach in contact with the British Prime Minister, Mr. Blair.

The Government has also highlighted its concern in contact with the US authorities and at appropriate international fora, most recently at the 2005 session of the UN Commission on Human Rights and in regular interventions at the Council of Europe. In these forums and bilaterally we have made clear our belief that an inquiry under this Act would not be in line with the commitment made by the Governments at Weston Park, nor with the recommendations of Judge Cory.

I met the family in November and my officials remain in regular contact with them to offer every possible support. The Government will continue its strong efforts in support of the family's campaign for an independent public inquiry.

Tony Gregory (Dublin Central, Independent)
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Does the Minister accept the new British legislation, the Inquiries Act, restricts the control of inquiry judges, allows for the deletion of details of findings made by the inquiry and transfers control of the inquiry from the judges to a Government Minster? The inquiry on offer is a British Government controlled inquiry into collusion by the British Government security services. As such, the inquiry has been rejected by the Finucane family. An independently verifiable full public inquiry is required. Without such an inquiry the end result will be another cover-up. Just as the British Government refused to co-operate on the matter of the Dublin and Monaghan bombings, it refuses to co-operate with the Finucane family demand for a transparent public inquiry.

Dermot Ahern (Louth, Fianna Fail)
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I reiterate the Government's support for what was agreed at Weston Park. Since the publication of the Inquiries Act, Judge Cory indicated he was not satisfied the proposed inquiry under the new legislation would be in accordance with the recommendation he gave on this and other inquiries, including the Breen and Buchanan inquiry into two murders in my constituency. The latter is being carried out under the terms set out by Judge Cory.

I do not agree with Deputy Gregory on the extent to which the Inquiries Act curtails independence but I agree the key difference between the original proposal and the proposed inquiry under the new Act is the extent of ministerial control over production of documents. This restricts the ability of any chairperson to examine this independently and consider what documents should be put in the public domain. Under the new Act the Secretary of State has greater powers than before through the use of a restriction notice which substantially reduces the independence of the chair in deciding on the publication of such documents.

The Government will continue to lobby the British Government at the highest level but it must be accepted the British Parliament, not just the British Government, has passed and enacted legislation. The Council of Europe is examining this issue, the Government will continue to liaise with the family and I will meet Mr. Peter Hain in London tomorrow where I will raise the issue.

Tony Gregory (Dublin Central, Independent)
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The Minister has raised this in the past, the Taoiseach has raised it and still the British Government refuses to co-operate. What does the Minister think of this refusal to co-operate on the Finucane inquiry and on the Dublin and Monaghan bombings inquiry? Is it a sign of good faith between the two Governments? It seems to be far from it. Will the Minister continue to go, cap in hand, to Mr. Peter Hain and face a deliberate refusal to co-operate and a calculated attempt to cover-up British Government security services collusion in the murders of Mr. Finucane and people on the streets of Dublin?

Dermot Ahern (Louth, Fianna Fail)
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The issue of the Dublin, Monaghan and Dundalk bombings are the subject of a separate inquiry.

Tony Gregory (Dublin Central, Independent)
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It is the same thing.

Dermot Ahern (Louth, Fianna Fail)
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While there is a view that British Government co-operation is not as it should be, there are some indications that further information may be produced.

Finian McGrath (Dublin North Central, Independent)
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There is a lack of co-operation.

Dermot Ahern (Louth, Fianna Fail)
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This Government has made its case clearly and does not go cap in hand. People often said Irish Governments tipped the forelock to the British on issues such as Sellafield, the Dublin and Monaghan bombings or the Finucane murder. It was often said we never took a case against the Brits over Sellafield because of the special relationship between the two countries. This Government took such a case. We will continue to examine all avenues to make progress on the Finucane case. The Attorney General met legal advisers of the Finucane family some time ago to consider taking a case to the Council of Europe. We are still examining this but the possibility of taking a case is not advisable.

The Government will continue to meet the Finucane family, members of which recently attended hearings of the Sub-committee on Human Rights of the Joint Committee on Foreign Affairs. Mr. Peter Hain has stated the British Government wishes to hold an inquiry under the Inquiries Act and it is seeking a building and a judge.

Michael D Higgins (Galway West, Labour)
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It will find it difficult.