Simon Coveney (Cork South Central, Fine Gael) | Oireachtas source

I would also like to welcome John Finucane, MP, and his family, in particular his mother, who I know are watching remotely.

I welcome this opportunity on behalf of the Government to speak in support of this motion. As Minister for Foreign Affairs, I have had the opportunity to meet with Geraldine and the Finucane family to discuss their campaign to secure justice for Pat. Most recently, I spoke with them at the beginning of this month. On each occasion I have seen the Finucane family's strength, determination and dignity as they seek to uncover the full truth about Pat's murder. I am sure that the passing of time since that terrible act has done little to dull the pain that they must continue to feel. That pain has been exacerbated by the long wait and the necessity of their long campaign over more than 30 years asking for the full truth of that day to be brought to light.

Almost two decades ago, in 2001, at Weston Park, the Irish and British Governments agreed to hold inquiries into a number of cases where security force collusion was alleged. Former Canadian Supreme Court judge, Justice Peter Cory, was appointed in May 2002 to conduct an investigation of allegations of collusion by the security forces in six cases, including the murder of Pat Finucane. Judge Cory's subsequent report, which found that there was strong evidence that collusive acts were committed, included a recommendation for the establishment of a public inquiry. In 2004, a measure of justice was found for the family when Ken Barrett was convicted of Pat's murder. However, that, unfortunately, did not end their campaign for the full truth and justice.

Since that time, we have also seen the de Silva review, which was published in December 2012. This did not meet the standard of a public inquiry as set out at Weston Park or that recommended by Judge Cory in his independent report. Nevertheless, despite those limitations, the de Silva report found that there was state collusion in the case and that a "series of positive actions by employees of the state actively furthered and facilitated [Pat Finucane's] murder and that, in the aftermath [of the murder] there was a relentless attempt to defeat the ends of justice".

In his statement to the House of Commons on 12 December 2012, Prime Minister Cameron accepted the report's findings of shocking levels of state collusion and repeated his apology to the Finucane family. In the Dáil, following publication of the de Silva report, the then Taoiseach and Tánaiste reiterated the Government's consistent position on the need for an independent public inquiry into Pat Finucane's murder in accordance with the Weston Park Agreement. We have continued this call in the years since publication of the de Silva review and do so again at this critical moment in the long-running campaign for truth and justice for Pat.

As today's motion sets out, the UK Supreme Court confirmed last year that there has not yet been an inquiry into the murder of Pat Finucane that meets the standards and obligations of Article 2 of the European Convention on Human Rights, ECHR. In particular, the judgment found that the inquiry by Sir Desmond de Silva could not comply with the ECHR because of a number of specific limitations. He had lacked the power to compel the attendance of witnesses. Those who met him were not subject to testing as to the veracity and accuracy of their evidence, and a potentially critical witness was excused attendance. The review, even when taken together with earlier inquiries, could therefore not be sufficient to fulfil those legal obligations.

The Secretary of State for Northern Ireland, Brandon Lewis, has now committed to make a decision by 30 November on how to respond to those findings of the UK Supreme Court.I have written to the Secretary of State and spoken to him, most recently on Monday of this week, to underline directly the Irish Government's strong and consistent position that a public inquiry is the right decision in line with the Weston Park Agreement and that it is the only outcome that will see those obligations met. The Taoiseach met Geraldine and John Finucane this week to reiterate our unwavering support. We will be engaging with Prime Minister Johnson on foot of that meeting. In fact, the Taoiseach has already written to him directly.

In Strasbourg in September, the Committee of Ministers of the Council of Europe expressed deep concern that the UK Government had yet to make a decision regarding how to act on the Supreme Court judgment and meet its Article 2 obligations. The committee will meet again next week to discuss this case, among others, and it, too, awaits the decision of the Secretary of State. We will be engaged at the Council of Europe next week, as we have been at every session at which the McKerr group of cases, including the Finucane case, has been considered. We will continue to stay in close touch with the family in that regard.

A decision by the UK Government to establish a full independent inquiry into this case under the UK Inquiries Act 2005 would not only be the right answer for the Finucanes' long campaign for justice for their family but it would also be a powerful demonstration of the commitment of the UK Government to truth, recovery and the rule of law, even in the most difficult of cases. In a case such as the murder of Pat Finucane, where it has been acknowledged by former Prime Minister Cameron that there were shocking levels of collusion, there is an undeniable onus on the state to ensure an inquiry takes place that fully meets relevant international standards and obligations. That is not to say that the pain of the Finucane family is worse than that of others bereaved by the conflict in Northern Ireland, regardless of the perpetrator. All families deserve to be supported in the pursuit of justice and information on what happened to their loved ones. That is why, in 2014, the political parties and the two Governments reached a collective agreement, the Stormont House Agreement, which set out a framework to deal fairly and comprehensively with the legacy of the Troubles in a way that responds to the needs of all victims and survivors. That agreement provided for investigations into standing cases, truth recovery overseen by an independent international body, an oral history archive and the promotion of societal reconciliation. The Irish Government will have its role to play under that framework, and obligations to fulfil. We stand ready to play that role fully. It is vital now that we make progress to see this framework realised and implemented for the families, victims and survivors who have waited for far too long.

While the statement by the UK Government in March setting out proposals for significant changes to the framework are a cause for concern, the Irish Government remains ready to engage and work with the UK Government and the parties to the Northern Ireland Executive in partnership on this important issue in the period immediately ahead with a view to reaffirming a collective approach that is consistent with the Stormont House Agreement. I have communicated this to the Secretary of State. The path forward has been agreed. It remains for us to take it now. There are so many families across this island, from all communities, who have, like the Finucane family, walked too long a road to seek truth and justice for their loved ones and who have spent decades campaigning to be heard. For every one of those families and for society as a whole, we must address the painful legacy of the past fully and truthfully.

The motion before the Seanad today comes at a critical juncture in the Finucane case, and for Geraldine Finucane and her family, but it has implications far beyond its impact for one family. A decision by the Secretary of State to order a full public inquiry has the potential not only to establish the truth about that awful night in north Belfast in February 1989 but also to show determination to face difficult truths more widely. By doing so, it will act to promote full, shared confidence in the rule of law. It will be part of achieving full information recovery for all families and it will be a significant contribution to the wider collective task of reconciliation and healing the wounds of conflict. The Government's clear position is that it is necessary and urgent that such a public inquiry now be established. We will continue to pursue all avenues open to us in the days ahead to press for that outcome.