Jim Walsh (Fianna Fail)

Ba maith liom fáilte a chur roimh an Aire go dtí an Teach seo. In proposing the motion I am mindful that the British and Irish Governments in coming to an agreement in Weston Park appointed a man of international stature in retired Canadian judge, Peter Cory. This was a recognition of the need to address the legacy of the conflict over the past 30 years and, in particular, to examine cases causing public concern, where allegations of collusion were in the public arena for quite some time.

As the Minister noted, the Cory inquiry specifically dealt with six cases, namely, the murder of Mr. Pat Finucane in front of his family; the murder of Mr. Robert Hamill who was kicked to death in Portadown with two RUC members sitting in a car as spectators to the event; the blowing up of Ms Rosemary Nelson who was a human rights lawyer; the murder by the INLA in the Maze Prison of Mr. Billy Wright who, despite his dubious record, was not entitled to be killed in cold blood; the bombing which killed Lord Justice Gibson and his wife, who were travelling north from Rosslare on their return from holidays when they were murdered; and the subject of the motion before the House today which is the shooting of Chief Superintendent Harry Breen and Superintendent Robert Buchanan.

Despite allegations that may be made against any of those people everybody has an entitlement to life. No self-appointed group has the right to take it away and neither does this State. Judge Cory in his report to both Governments recommended public inquiries into the cases of five of the six murders that he considered, the exception being the killing of Lord Justice Gibson.

Some query why we are now proceeding with a public inquiry into this matter, particularly given the British Government's failure to fully honour its undertakings. I concur with the Government's decision on this matter. Ireland has a proud record internationally and it is essential that we are seen to fulfil our obligations under agreements that we freely enter into. We should do so regardless of fear for the outcome and in a very open and transparent manner. I welcome the Minister doing so in the form of a public inquiry, which I think a more suitable vehicle for this matter than a commission of investigation. However, I do not doubt that such commissions will serve us well in other areas in the future. The Minister deserves our compliments for his actions.

It is worth noting that in the case which is the subject of this motion, Judge Cory did not find evidence but did hear allegations of collusion. It is unfortunate that the stand taken by the Government contrasts starkly with the British Government's failure to respond, particularly in the Pat Finucane case. The British Government initially failed to issue the report on Mr. Finucane and it required a statement from Judge Cory to subsequently set the public record straight. I acknowledge that the British Government is now establishing public inquiries in accordance with the recommendations of Judge Cory into the murders of Ms Nelson, Mr. Wright and Mr. Hamill. However, it is not doing so in the case of Mr. Finucane despite its acceptance of the Weston Park agreement. Article 19 of that agreement states:

If the appointed judge considers that in any case this has not provided a sufficient basis on which to establish the facts, he or she can report to this effect with recommendations as to what further action should be taken. In the event that a Public Inquiry is recommended in any case, the relevant Government will implement that recommendation.

That is a clear and unambiguous undertaking and one which we are giving effect to today. The same should occur in the case of Mr. Finucane.

There is strong suspicion that the legislation before the House of Commons providing for ministerial powers to withhold information from public inquiries may have been motivated by the potential for embarrassment arising from a public inquiry into the Pat Finucane case. This is a serious breach of the Weston Park agreement and it could be argued that it flies in the face of the undertakings given in the Good Friday Agreement. The section of that Agreement dealing with reconciliation and victims of violence states, "The participants believe that it is essential to acknowledge and address the suffering of the victims of violence as a necessary element of reconciliation."

Unfortunately this has not been our experience not only in the case of Mr. Finucane but also in the inquiry into the Dublin and Monaghan bombings established by this House. After thorough examination by Mr. Justice Barron and public hearings by the Joint Committee on Justice, Equality, Defence and Women's Rights, recommendations were made.

The British Government notified the Taoiseach in January of its refusal to establish a Cory-type inquiry, which was called for in the first instance because of allegations of collusion in the Dublin and Monaghan bombings. I am reminded of a comment made at those public hearings by an eminent former public servant, Mr. Seán Donlon, who was Secretary General of the Department of Foreign Affairs. He stated that if the British Government had something to conceal in any documents then obviously it would be unlikely to co-operate with an inquiry.

It emerged last month during the course of the examination of Mr. Justice Barron's report of the Dublin bombing in 1972-73 that a British citizen, Martin Douglas, had made representations through his MP to the British Prime Minister. The Prime Minister wrote back to him stating:

The Government is aware of the continuing hurt that Mr. Douglas and others feel about the number of unresolved deaths that took place as a result of the conflict in Northern Ireland. It is entirely understandable that those who have suffered the loss of loved ones still yearn to find out what happened, and the British Government is committed to doing what it can to give those people the best chance of achieving that.

That letter was dated 10 January 2005. On 1 February the sub-committee received a letter from the Northern Ireland Secretary of State, who is a member of the British Cabinet. He stated:

It was our judgement at the time of Justice Barron's approach regarding the Dublin bombings of 1972 and 1973 that we were not able to begin the further major and time-consuming search through the records of various departments which would be necessary to assemble the material. I fear that there is therefore nothing I could usefully add, either in writing or orally before your sub-committee, on this question.

Mr. Seán Donlon, who would have some knowledge and experience of filing and document retrieval systems, stated that all of the documents that would have been of help to us and Mr. Justice Barron, which were not made available, would have been processed as part of the requirements for the release of public documents under the 30-year rule for the National Archives. That raises serious questions about doing business with the British Government and its trustworthiness.

The Finucane case is a serious breach of the Weston Park agreement and the failure to co-operate with a duly established committee of this House is a breach of the Good Friday Agreement. Unfortunately this type of response gives fodder to the recruitment of people by paramilitary organisations. Our history is littered with such examples and this is my biggest regret in this regard.

I agree with the Minister that people cannot dine À la carte. In a clear message to Sinn Féin and the IRA he stated that they must be seen to co-operate with this inquiry. I hope they will do so. If they do, it will help strengthen the case to put pressure on the British Government, which cannot dine À la carte either.

I welcome the motion and also its motivation and the manner in which it has been brought forward by the Minister for Justice, Equality and Law Reform and the Government. I hope it will get to the truth of the matter. I also hope it will act as a catalyst to encourage the British Government to fulfil its obligations under these agreements. Otherwise, it will raise serious questions as to where we go from here in terms of the peace process and the Good Friday Agreement.