[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. Res. 493 Introduced in Senate (IS)]







109th CONGRESS
  2d Session
S. RES. 493

     Calling on the Government of the United Kingdom to establish 
   immediately a full, independent, public judicial inquiry into the 
     murder of Northern Ireland defense attorney Pat Finucane, as 
  recommended by international Judge Peter Cory as part of the Weston 
    Park agreement and a way forward for the Northern Ireland Peace 
                                Process.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 24, 2006

     Mr. DeWine (for himself and Mr. Dodd) submitted the following 
  resolution; which was referred to the Committee on Foreign Relations

_______________________________________________________________________

                               RESOLUTION


 
     Calling on the Government of the United Kingdom to establish 
   immediately a full, independent, public judicial inquiry into the 
     murder of Northern Ireland defense attorney Pat Finucane, as 
  recommended by international Judge Peter Cory as part of the Weston 
    Park agreement and a way forward for the Northern Ireland Peace 
                                Process.

Whereas human rights defense attorney and solicitor Patrick Finucane was 
        brutally murdered in front of his wife and children at his home in 
        Belfast on February 12, 1989;
Whereas numerous international bodies and nongovernmental human rights 
        organizations have made note of serious allegations of collusion between 
        loyalist paramilitaries and British security forces in the murder of Mr. 
        Finucane;
Whereas, in July 2001, the Irish and British Governments made new commitments in 
        the Weston Park Agreement to hold public inquiries into high profile 
        murders if the Honorable Judge Peter Cory recommended such action, and 
        both governments understood that such an inquiry would be held under the 
        United Kingdom Tribunals of Inquiry (Evidence) Act 1921;
Whereas Judge Cory found sufficient evidence of collusion to warrant a public 
        inquiry into the murder of Patrick Finucane and recommended that such an 
        inquiry take place without delay;
Whereas, in his conclusions, Judge Cory set out the necessity and importance of 
        a public inquiry into the Finucane case and that the failure to hold a 
        public inquiry as soon as reasonably possible could be seen as a denial 
        of the agreement at Weston Park;
Whereas, on May 6, 2004, Judge Cory testified in Congress before the United 
        States Helsinki Commission and presented his report, which is replete 
        with evidence of possible collusion relating to activities of the army 
        intelligence unit and the Royal Ulster Constabulary (RUC) in the 
        Finucane case;
Whereas the United Kingdom adopted new legislation after the public release of 
        the Cory Report, the United Kingdom Inquiries Act of 2005, which 
        severely limits the procedures of an independent inquiry and which has 
        been rejected as inadequate by Judge Cory, the Finucane family, the 
        Irish Government, and human rights groups;
Whereas, on March 15, 2005, Judge Cory submitted written testimony to the 
        Committee on International Relations of the United States House of 
        Representatives stating that the new legislation is ``unfortunate to say 
        the least'' and ``would make a meaningful inquiry impossible'';
Whereas the written statement of Judge Cory also stated that his recommendation 
        for a public inquiry into the Finucane case ``contemplated a true public 
        inquiry constituted and acting pursuant to the provisions of the 1921 
        Act'' and not the United Kingdom Inquiries Act of 2005;
Whereas section 701 of the Foreign Relations Authorization Act, Fiscal Year 2003 
        (Public Law 107-228) and House Resolution 128, 106th Congress, agreed to 
        April 20, 1999, support the establishment of an independent, judicial 
        inquiry into the murder of Patrick Finucane; and
Whereas the Senate expresses deep regret with respect to the British 
        Government's failure to honor its commitment to implement recommendation 
        of Judge Cory in full: Now, therefore, be it
    Resolved, That the Senate--
            (1) commends the Finucane family, wife Geraldine and son 
        Michael, who have testified 5 times before the United States 
        Congress (Geraldine in 2000, 2004, and 2005 and Michael in 1997 
        and 1999), for their courageous campaign to seek the truth in 
        this case of collusion;
            (2) welcomes the passage of a resolution by the Dail 
        Eireann on March 8, 2006, calling for the establishment of a 
        full, independent, public judicial inquiry into the murder of 
        Patrick Finucane as the most recent expression of support for 
        the Finucane family by the Government of Ireland;
            (3) acknowledges the United States Helsinki Commission 
        charged with human rights monitoring for their work in 
        highlighting this case;
            (4) supports the efforts of the Honorable Mitchell Reiss, 
        special envoy of President Bush for the Northern Ireland Peace 
        Process, in pushing for the full implementation of the Weston 
        Park Agreement and the establishment of an independent, 
        judicial inquiry into the murder of Patrick Finucane; and
            (5) calls on the Government of the United Kingdom--
                    (A) to reconsider its position on the Finucane case 
                to take full account of the objections of the family of 
                Patrick Finucane, Judge Cory, officials of the United 
                States Government, other governments, and international 
                bodies, and amend the United Kingdom Inquiries Act of 
                2005; and
                    (B) to establish immediately a full, independent, 
                public judicial inquiry into the murder of Patrick 
                Finucane, as recommended by Judge Cory, which would 
                enjoy the full cooperation of the family of Patrick 
                Finucane and the wider community throughout Ireland and 
                abroad.
                                 <all>