Relatives of murdered Belfast solicitor Pat Finucane were handed a blow in their decades-long demand for an official probe into his death today after the Northern Ireland Secretary refused pleas for a public inquiry.
Brandon Lewis told MPs that he would not order an investigation into state collision into the lawyers brutal death at the hands of loyalist paramilitaries.
Mr Finucane, a 39-year-old solicitor who represented both republican and loyalist paramilitaries during the Troubles, was shot dead in his family home in north Belfast in February 1989 by the Ulster Defence Association.
Mr Finucane’s widow Geraldine and the couple’s three children have been campaigning ever since for a public inquiry to establish the extent of security force involvement.
A Supreme Court ruling last year criticised all previous investigations into the murder.
Mr Lewis told the Commons today: ‘I have today spoken to the Finucane family. I advised them of my decision not to establish a public inquiry at this time.’
He added: ‘I assure the House that this decision has been taken following careful consideration of the facts, the findings of the Supreme Court judgment, the outcome of the independent counsel review, and the United Kingdom’s obligations under Article 2 of the European Convention on Human Rights.
‘This Government has demonstrated that, when the public interest requires it, we will establish public inquiries to look at potential failings by Government or state bodies. As we have done in the case of the Manchester bombing.
‘In this instance, I believe it is in the public interest to allow the police and Ombudsman processes to proceed, before taking a decision on whether the State’s Article 2 obligations have been discharged, or whether further steps are required.’
Solicitor Pat Finucane, 39, was shot by loyalist paramilitaries in front of his family in 1989
Brandon Lewis told MPs that he would not order an investigation into state collision into the lawyers brutal death at the hands of loyalist paramilitaries
John Finucane and Geraldine Finucane, son and widow of the late Pat Finucane
Mr Finucane’s relatives at Government Buildings in Dublin, after meeting with the Taoiseach
Last year, the Supreme Court said all previous examinations of the death had not been compliant with human rights standards.
Amid a Government delay in responding to the judgment, Mrs Finucane took fresh judicial review proceedings against the state.
The court acknowledged Mrs Finucane had been given an ‘unequivocal undertaking’ by the Government following the 2001 Weston Park agreement that there would be a public inquiry into the murder.
However, the Supreme Court judges found that the Government had been justified in later deciding against holding one.
The court said it was up to the Government to decide what form of investigation was now required, if one was feasible.
SDLP MP Colum Eastwood criticised the decision, telling Mr Lewis: ‘The British state murdered Pat Finucane, and the secretary of state has failed miserably to do right by his family today.
‘Does he realise he is sending out a very clear message to all victims? And the message is this: ‘’If you want the truth about what happened to your loved ones, don’t come looking for it here’’.’
Mr Lewis told MPs today he is ‘not taking the possibility of a public inquiry off the table at this stage’, adding the PSNI and police ombudsman processes must move forward without the risk of prejudicing any emerging conclusions from their work.
The Northern Ireland Secretary explained how a number of issues were referred to the police ombudsman in 2016, noting: ‘In addition, the legacy investigation branch of the PSNI informed my department on November 2 2020 that Patrick Finucane’s case is shortly due to undergo a process of review in accordance with the priorities set out in their case sequencing model.
‘The chief constable confirmed this is expected to begin early in the new year. To be clear, this is a purely operational police matter. The UK Government, rightly, has no role whatsoever in determining how or when the police deal with their outstanding legacy caseload.
‘However, the fact a decision on a police review is due shortly is an important development and was a factor in determining the next steps in this case. Critically, a review would consider whether further investigative steps could be taken in this case and whether the PSNI should do so.’
Mr Lewis added any review would be conducted independently of the PSNI.
He also said: ‘I want to be clear, I’m not taking the possibility of a public inquiry off the table at this stage – it is important we allow the PSNI and police ombudsman processes to move forward and that we avoid the risk of prejudicing any emerging conclusions from their work.’
Last month, Mr Lewis’s lawyers gave a High Court judge in Belfast a commitment that a decision would be announced by November 30.
The Secretary of State will inform the Finucane family of his intention on a virtual call on Monday afternoon.
Ahead of that conversation, Sinn Fein has warned that failure to order a public inquiry will have profound implications for confidence in the rule of the law.
Party vice president and Stormont Deputy First Minister Michelle O’Neill said Monday would be a ‘day of reckoning’ for the Finucane family.
‘The British government’s approach of delay and denial has literally run out of road,’ she said.
‘It is a matter of huge public interest that there is full and maximum disclosure around questions about who ordered the killing, about who knew what, and when.
‘Those involved must be held accountable.
‘Until now there has been virtual impunity for the British state agencies and actors involved in the killing.
Martin Finucane (left), the brother of Pat Finucane and Pat’s wife Geraldine (centre) present then Tanaiste Mary Harne with a petition in 2006
Hunger striker and IRA member Bobby Sands was one of Mr Finucane’s best-known clients
‘Any attempt by the British government to ignore the family, political and wider public demands for a public inquiry will have profound and fundamental implications for confidence in the rule of law, the administration of justice and the wider approach to legacy.
‘Now is time for the British government, and the British Secretary of State Brandon Lewis, to finally listen to the Finucane family and call a public inquiry as a matter of public interest.
‘There can be no further delay.’
Former prime minister David Cameron decided not to hold a public inquiry into the murder.
But he did order a review of all the files related to the case by former UN war crimes prosecutor Sir Desmond de Silva QC.
Sir Desmond found significant levels of state collusion involving the Army, police and MI5.
But he concluded that there was no evidence of an ‘overarching state conspiracy’.
His findings prompted Mr Cameron to apologise to the Finucane family for ‘shocking levels of collusion’.
However, Mrs Finucane branded the de Silva report a ‘whitewash’.
Last week, three other Stormont parties – the SDLP, Alliance and Greens – joined Sinn Fein in writing to Mr Lewis to demand a public inquiry.
The Irish Government also called on its UK counterparts to order a probe, as did 24 members of the US Congress.
Mr Finucane’s son John, a solicitor and Sinn Fein MP for North Belfast, tweeted on Sunday evening:
‘Tomorrow my family & I will hear the British Govt response to our Supreme Court victory regarding an inquiry into my father’s murder.
‘In advance I wish to thank everyone across Ireland & internationally, for the incredible support you have given us. We deeply appreciate it.’