[Congressional Record Volume 152, Number 60 (Tuesday, May 16, 2006)]
[House]
[Pages H2612-H2615]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
[[Page H2612]]
{time} 1500
CALLING ON GOVERNMENT OF UNITED KINGDOM TO ESTABLISH INQUIRY INTO
MURDER OF NORTHERN IRELAND DEFENSE ATTORNEY PAT FINUCANE
Mr. McCOTTER. Madam Speaker, I move to suspend the rules and agree to
the resolution (H. Res. 740) calling on the Government of the United
Kingdom to immediately establish 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, as amended.
The Clerk read as follows:
H. Res. 740
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 many international bodies and nongovernmental human
rights organizations, including Amnesty International,
British Irish Rights Watch, the Committee for the
Administration of Justice, and Human Rights First, have
called attention to serious allegations of collusion between
loyalist paramilitaries and British security forces in the
murder of Mr. Finucane;
Whereas in July 2001 the Governments of Ireland and the
United Kingdom under terms of the Weston Park Agreement
appointed retired Canadian Judge Peter Cory to investigate
the allegations of collusion between loyalist paramilitaries
and British security forces in the murder of Mr. Finucane and
other individuals;
Whereas Judge Cory reported to the Governments of Ireland
and the United Kingdom in April 2004 that sufficient evidence
of collusion existed to warrant a public independent,
judicial inquiry into the murder of Mr. Finucane and
recommended that a public inquiry take place without delay;
Whereas the Government of the United Kingdom in April 2005
adopted the Inquiries Act 2005 which empowers the Government
to block scrutiny of state actions and limits independent
action by the judiciary in inquiries held under its terms,
and, after the enactment of this legislation establishing new
limited inquiry procedures, the Government announced that an
inquiry into the murder of Mr. Finucane would be established
which would operate under terms of the new legislation;
Whereas Judge Cory, in a written statement presented to the
Committee on International Relations of the House of
Representatives in 2005, stated that his 2004 recommendation
for a public inquiry into the murder of Mr. Finucane had
``contemplated a true public inquiry constituted and acting
pursuant to the provisions of the 1921 Act'' (the Tribunals
of Inquiry (Evidence) Act 1921), and also stated that ``it
seems to me that the proposed new Act would make a meaningful
inquiry impossible'';
Whereas the family of Mr. Finucane has rejected the limited
authority of an inquiry conducted under terms of the
Inquiries Act of 2005;
Whereas Amnesty International, British Irish Rights Watch,
the Committee for the Administration of Justice, and Human
Rights First have likewise rejected any proposed inquiry into
the murder of Mr. Finucane established under procedures of
the Inquiries Act of 2005 and have called for the repeal of
the Act;
Whereas the Dial Eireann (Parliament of Ireland) adopted a
resolution on March 8, 2006, calling for the establishment of
a full public independent judicial inquiry into the murder of
Patrick Finucane; and
Whereas the Foreign Relations Authorization Act, Fiscal
Year 2003 (Public Law 107-228) and House Resolution 128
(April 20, 1999) support the establishment of a public
independent judicial inquiry into the murder of Patrick
Finucane: Now, therefore, be it
Resolved, That the House of Representatives--
(1) expresses to the family of Patrick Finucane deepest
condolences on his death, commends their steadfast pursuit of
justice in his brutal murder, and thanks his wife Geraldine
and son Michael for their willingness to testify on this
matter before committees of the House of Representatives on
numerous occasions;
(2) supports the efforts of the Administration in seeking
the full implementation of the Weston Park Agreement and the
establishment of an independent judicial inquiry into the
murder of Patrick Finucane;
(3) calls on the Government of the United Kingdom to
reconsider its position on the matter of an inquiry into the
murder of Mr. Finucane, to amend the Inquiries Act of 2005,
and to take fully into account the objections of Judge Cory,
objections raised by officials of the United States
Government, other governments, and international bodies, and
the objections raised by Mr. Finucane's family; and
(4) urges the Government of the United Kingdom immediately
to establish a full, independent, and public judicial inquiry
into the murder of Patrick Finucane which would enjoy the
full cooperation and support of his family, the people of
Northern Ireland, and the international community as
recommended by Judge Cory.
The SPEAKER pro tempore (Mrs. Capito). Pursuant to the rule, the
gentleman from Michigan (Mr. McCotter) and the gentleman from Florida
(Mr. Wexler) each will control 20 minutes.
The Chair recognizes the gentleman from Michigan.
General Leave
Mr. McCOTTER. Madam Speaker, I ask unanimous consent that all Members
may have 5 legislative days to revise and extend their remarks and
include extraneous material on the resolution under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Michigan?
There was no objection.
Mr. McCOTTER. Madam Speaker, I yield myself such time as I may
consume.
Madam Speaker, I rise in support of H. Res. 740. I thank my colleague
from New Jersey (Mr. Smith) for his leadership on human rights matters
worldwide and for offering this important legislation regarding human
rights in Northern Ireland.
Last month, on April 4, 2006, we voted nearly unanimously, 399-1, for
H. Res. 744, that important resolution sponsored by the chairman of the
House International Relations Committee, Henry Hyde, expressed our
support for the Good Friday Agreement of 1998 as the blueprint for
lasting peace in Northern Ireland, and support for continued police
reforms in Northern Ireland as a critical element in the peace process.
U.S. support was crucial to the signing of the Good Friday Agreement
signed 8 years ago, and our support continues to be vital. H. Res. 744
rightly commended the progress which has been made in Northern Ireland.
As a result of the Good Friday Agreement, there is a new Police Service
of Northern Ireland, PSNI. Under the leadership of Chief Constable Hugh
S. Orde, the PSNI has made giant strides toward fair and nonsectarian
policing. There is a vigorous and fiercely independent Police
Ombudsman's Office, whose chief, Nuala O'Loane, has been a catalyst for
reform. There is now a policing board in Northern Ireland composed of
independent and party representatives designed to provide civilian
control and fair nonsectarian policing. There is a new historical
inquiries team established by Chief Constable Orde which will provide a
thorough and independent examination of unresolved deaths that occurred
in connection with the Troubles from 1968 to 1989.
But H. Res. 740, which we shall vote on today, is the indispensable
companion of Mr. Hyde's H. Res. 744. Even with all the improvements I
have noted in policing, Madam Speaker, significant further work remains
to be done in order to ensure acceptance by all communities of the
Police Service in Northern Ireland. A key stumbling block to that
greater acceptance has been the lack of resolution of charges of
official collusion in the murder of human rights lawyer Patrick
Finucane, who was gunned down in front of his home in front of his wife
and three small children in 1989.
Pat Finucane was not only a courageous human rights activist and
loving father and husband, he is also a symbol of the horrible culture
of official collusion and terrorism and crime in Northern Ireland.
Resolving the question surrounding his murder will help to put an end
to that culture once and for all and allow Northern Ireland's still
fragile peace to flourish in a new atmosphere of trust.
We have twice gone on record supporting establishment of a public
independent judicial inquiry into the murder of Pat Finucane. In 1999,
we adopted House Resolution 128 offered by the gentleman from New
Jersey (Mr. Smith) which condemned the murder of attorney Rosemary
Nelson and requested a public inquiry into the Finucane murder.
In 2003, Congress passed and the President signed the Foreign
Relations Authorization Act, which included a provision offered by the
gentleman from New Jersey supporting public judicial inquiries into the
murders of both Rosemary Nelson and Patrick Finucane. We have moved the
issue towards resolution, but we are not there yet.
In 2001, the British and Irish governments jointly appointed Judge
Peter
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Cory, a preeminent retired justice of the Supreme Court of Canada, to
determine whether independent commissions should investigate possible
state-sponsored collusion in six notorious and horrific murders. They
also pledged to abide by his recommendations. In 2004, Judge Cory
issued his report, yet the British Government still has not appointed
an inquiry commission into the murder of Patrick Finucane. Our
colleague, Chris Smith, who could not be here today as he attends the
funeral of Congressman Sonny Montgomery, has chaired numerous hearings
on human rights and police reform in Northern Ireland since 1997, and
in every one the issue of state-sponsored collusion in the Finucane
murder has been central, yet still nothing has been done.
On March 8, the Irish Parliament passed an all-part motion fully
supported by the Irish Government calling on the U.K. to immediately
establish ``a full independent public judicial inquiry into the murder
of Pat Finucane as recommended by Judge Cory, which would enjoy the
full cooperation of the family and the wider community throughout
Ireland and abroad.''
The U.K. Government must find a way to institute a credible inquiry
which would be accepted by all: by Judge Cory, the Irish public, by the
world community, and, most of all, by the Finucane family. I commend my
colleagues Chris Smith, Elton Gallegly, Peter King, Jim Walsh, Richard
Neal, Don Payne, and Tom Lantos for their work on this issue.
Mr. Speaker, I reserve the balance of my time.
Mr. WEXLER. Mr. Speaker, I rise in strong support of H. Res. 740 and
yield myself such time as I may consume.
Mr. Speaker, first I too would like to thank Chairman Smith for
introducing this important resolution. Congressman Smith has been a
tireless advocate in calling for full accountability in Northern
Ireland, particularly as it relates to the 1989 slaying of Belfast
attorney Patrick Finucane. I commend him for his dedication and
determination to seek justice in this case along with the Finucane
family, which has waited far too long for the truth to be unveiled.
Mr. Speaker, the resolution on the floor today simply calls on the
Government of the United Kingdom to immediately establish a full
independent public judicial inquiry into the murder of Pat Finucane as
recommended by Judge Peter Cory as part of the Weston Park Agreement.
The fact remains that Mr. Finucane's brutal murder has been
unresolved for 17 years. To this end, it is critical that the British
Government fulfill its commitment to the Weston Park Agreement and
agree to hold an independent public inquiry recognized as credible by
the international community, the affected family, the Irish Government,
the United States Congress that will shed light on the serious
allegations of collusion between loyalist paramilitaries and British
security forces in this egregious murder.
Mr. Speaker, just yesterday Northern Ireland's legislature met for
the first time in 3\1/2\ years. I applaud this development that will
hopefully lead to greater compromise and cooperation between
Protestants and Catholics. The convening of the assembly along with the
relevant tranquility and economic success that people of Northern
Ireland have experienced since the signing of the Belfast agreement is
deeply encouraging. However, issues at the core of the conflict remain
unresolved, ultimately holding back lasting reconciliation. At the
heart of this impasse are the public inquiries into high-profile
murders in Northern Ireland, including the slaying of Mr. Finucane. The
resolution before us states unequivocally Congress's interest as well
as that of the United States to see a just, swift, and fair resolution
to this unconscionable crime which must be resolved in order to ensure
long-term peace and stability in Northern Ireland for generations to
come.
Mr. Speaker, I strongly urge my colleagues to support this
resolution.
Mr. ENGEL. Mr. Speaker, I rise in strong support of H. Res. 740 which
calls on the government of the United Kingdom to immediately establish
a full, independent, public judicial inquiry into the murder of Patrick
Finucane. I would also like to commend Chris Smith, the Chair of the
Human Rights Subcommittee and the sponsor of this resolution, for his
consistent attention to this tragic case.
On February 12, 1989, 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. There have been
serious allegations of collusion between loyalist paramilitaries and
British security forces in the murder of Mr. Finucane.
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 so recommended by former Canadian Supreme Court Judge Peter
Cory. Indeed, Judge Cory found sufficient evidence of collusion to
warrant a public inquiry into the murder of Patrick Finucane.
It was clearly understood that such an inquiry would be held under
the United Kingdom Tribunals of Inquiry (Evidence) Act 1921, which
would provide a fair procedure for the discovery of evidence and other
matters. Yet, despite widespread criticism, the British government is
attempting to set up a restricted inquiry under the controversial 2005
Inquiries Act, which gives control to a government minister rather than
an independent tribunal. This would give the minister the power to
decide what information is kept secret or excluded, to end the inquiry
at any time, and to edit the inquiry's final report.
The Inquiries Act has been rejected as inadequate by Judge Cory, the
Finucane family, the Irish Government and human rights groups. In fact,
last year, Judge Cory submitted written testimony to the House
International Relations Committee stating that the new legislation is
``unfortunate to say the least'' and ``would make a meaningful inquiry
impossible'' .
Mr. Speaker, I have met several times with the Finucane family and
human rights groups dedicated to a just inquiry into Patrick's murder.
I stand with them today as the House of Representatives takes up this
important resolution. Let their courage and determination be a symbol
to all those fighting to uncover the truth of such horrors.
I would also like to commend Mitchell Reiss, the special envoy for
the Northern Ireland Peace Process, who is continuing to push for full
implementation of the Weston Park Agreement and the establishment of an
appropriate investigation into Patrick Finucane's murder.
It is my hope that in the days ahead, after seeing this resolution,
the United Kingdom will reconsider its position on the Finucane case
and will immediately establish a full, independent, public judicial
inquiry into the murder of Pat Finucane, as recommended by Judge Cory.
Such an inquiry will have the support of the Finucane family and the
confidence of all who follow this case.
Mr. SMITH of New Jersey. Mr. Speaker, H. Res. 740, which I introduced
with bipartisan support, will do just what it says: provide a way
forward for the Northern Ireland Peace Process.
I thank my colleague from Michigan, Mr. Thad McCotter, for managing
this bill so ably on the floor. I thank Chairman Henry Hyde, Reps.
Elton Gallegly, Peter King, Jim Walsh, Tom Lantos, the Ranking Member
of the House International Relations Committee and many others for
their work and support on this bill.
Yesterday, the Northern Ireland Legislative Assembly met for the
first time since 2002. Yet it still faces crucial challenges over
community policing, and acceptance by the nationalist community of the
Police Service of Northern Ireland (PSNI). For the population of
Northern Ireland to fully transfer its trust to the police, it must
have confidence that the police and the authorities deserve trust and
will be held accountable.
A key stumbling block to that greater acceptance has been the lack of
resolution of charges of official collusion in the murder of human
rights lawyer Patrick Finucane, who was gunned down in his home, in
front of his wife and three small children, in 1989. Pat Finucane was
not only a courageous human rights activist, but also a loving father
and husband. His murder symbolizes the depth and danger of official
State sponsored collusion in
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Northern Ireland. Resolving the questions surrounding this murder will
help restore confidence in the agencies of government in the north, and
allow Northern Ireland's still fragile peace to flourish in a new
atmosphere of trust.
That is a major reason why this inquiry needs to be done, and done
right, as soon as possible. This is the purpose of H. Res. 740, which
calls on the British government to establish the kind of full, public,
independent, judicial inquiry into Patrick Finucane's killing called
for by Judge Peter Cory, an esteemed Supreme Court judge from Canada
who was asked by the British and Irish Governments to investigate this
murder and make a recommendation regarding the possibility of
collusion.
H. Res. 740 calls for exactly the type of inquiry that
nongovernmental human rights organizations, including British Irish
Rights Watch, the Committee for the Administration of Justice, Human
Rights First, and Amnesty International have demanded. This is what the
Irish Government and Parliament have urged. It is what we in Congress
have supported. In 1999 the House passed House Resolution 128, which I
authored, and in 2003 the full Congress passed, and the President
signed into law, Chairman Hyde's Foreign Relations Authorization Act
(Public Law 107-228).
But most of all, this is what the Finucane family, which for 17 years
has courageously campaigned for justice, for Pat Finucane and all the
victims in Northern Ireland, has demanded. Let us once again join them
in their struggle.
I have held eleven hearings on human rights and police reform in
Northern Ireland since 1997. In every one of those hearings witnesses
have testified to the central role the Finucane murder has played in
advancing an atmosphere of distrust and no confidence in state
agencies. We've had family members, other Northern Ireland attorneys,
non-governmental human rights activists, as well as Mitch Reiss,
President Bush's special envoy for the Northern Ireland Peace Process
and Param Cumaraswamy, the United Nations' Special Rapporteur all
testify that properly investigating this case is key to securing a just
and lasting peace in Northern Ireland.
This is a crucial moment in the peace process in Northern Ireland. A
credible public, independent, judicial inquiry into Pat Finucane's
murder will help ensure confidence in the rule of law in the north of
Ireland and will help bring the people of both sides of the divide to a
just, stable and lasting peace which they richly deserve.
Mr. Speaker, I would like to again express my deepest condolences to
the Finucane family and thank them for their courageous and tireless
efforts on behalf of justice not only for their loved one but also for
others who may have been victims of state-sponsored collusion in the
north of Ireland. Similarly, I would like to acknowledge the work and
support from many human rights activists including Jane Winter of
British Irish Rights Watch, Elisa Massimino from Human Rights First
formerly the Lawyers Committee for Human Rights), and Maggie Beirne,
Martin O'Brien and Paul Mageean who have testified before Congress on
behalf of the Committee on the Administration of Justice. Finally, Mr.
Speaker, I would also like to remind my colleagues of the riveting
testimony offered on this matter in 1998 by Rosemary Nelson, an
attorney from Northern Ireland who told Congress that defense attorneys
there feared that they could be murdered themselves because no one had
been held accountable in the murder of Patrick Finucane. Six months
after her testimony, Rosemary Nelson was killed, the victim of a car
bomb.
For the Finucanes, for Rosemary Nelson and her family, and for peace
and justice in Northern Ireland, I urge my colleagues to vote to pass
this important resolution.
I ask unanimous consent to include in the Record the statement from
the Honorable Judge Peter Cory, March 15, 2005 and a copy of the
resolution adopted by Dail Eireann on March 8th urging an independent,
judicial, public inquiry into the murder of Patrick Finucane.
The Honorable Peter Cory,
C.C., C.D., Q.C.,
Toronto, ON, March 15, 2005.
Chairman Chris Smith,
Rayburn HOB,
Washington, DC.
Dear Chairman Smith: The proposed legislation pertaining to
the public inquiries is unfortunate to say the least.
First, it must be remembered that when the Weston Park
Accord was signed, the signatories would have had only one
concept of a public inquiry. Namely, that it would be
conducted pursuant to the 1921 Public Inquiry Act. Indeed, as
an example, the Bloody Sunday Inquiry would have commenced
its work as a public inquiry by that time.
The families of the victims and the people of Northern
Ireland would have thought that if a public inquiry were to
be directed it would be brought into existence pursuant to
the 1921 Public Inquiry Act.
To change the ground rules at this late date seems unfair.
It seems as well unnecessary since the security of the realm
would be ensured by the courts when the issue arose in a true
public inquiry.
My report certainly contemplated a true public inquiry
constituted and acting pursuant to the provisions of the 1921
Act.
Further, it seems to me that the proposed new Act would
make a meaningful inquiry impossible. The commissions would
be working in an impossible situation. For example, the
Minister, the actions of whose ministry was to be reviewed by
the public inquiry would have the authority to thwart the
efforts of the inquiry at every step. It really creates an
intolerable Alice in Wonderland situation. There have been
references in the press to an international judicial
membership in the inquiry. If the new Act were to become law,
I would advise all Canadian judges to decline an appointment
in light of the impossible situation they would be facing. In
fact, I cannot contemplate any self respecting Canadian judge
accepting an appointment to an inquiry constituted under the
new proposed act.
Yours sincerely,
The Hon. Peter deC. Cory.
____
``That Dail Eireann:
Recalling the brutal murder of solicitor, Patrick Finucane
at his home in Belfast on 12 February 1989;
Noting the on-going allegations of collusion between
loyalist paramilitaries and British security forces in the
murder of Mr. Finucane;
Recalling the commitments made at the Weston Park talks in
July 2001 by the British Government to hold a public inquiry
into the Finucane case, if so recommended by the Honourable
Judge Peter Cory, it being clearly understood that such an
inquiry would be held under the UK Tribunals of Inquiry
(Evidence) Act, 1921;
Noting that Judge Cory found sufficient evidence of
collusion to warrant a public inquiry into the case and
recommended that such an inquiry take place without delay;
Recalling that in his conclusions, Judge Cory set out the
necessity and importance of a public inquiry into this case
and that the failure to hold a public inquiry as quickly as
reasonably possible could be seen as a denial of the
agreement at Weston Park;
Noting that the limited form of inquiry under the UK
Inquiries Act 2005, proposed by the British Government has
been rejected as inadequate by Judge Cory, the Finucane
family, the Government and human rights groups;
1. Commends the Finucane family for their courageous
campaign to seek the truth in this case of collusion;
2. Deeply regrets the British Government's failure to
honour its commitment to implement Judge Cory's
recommendation in full;
3. Welcomes the sustained support of successive Governments
and all parties for the Finucane family over the past decade
in their efforts to find the truth behind the murder;
4. Acknowledges the work of the Oireachtas Sub-Committee on
Human Rights in highlighting this case;
5. Welcomes the Taoiseach's commitment and efforts in
pursuing the case with the British Prime Minister Tony Blair;
6. Endorses the Government's international efforts at
highlighting the case in the US, at the United Nations and at
the Council of Europe in Strasbourg,
7. Calls on the British Government to reconsider its
position on the Finucane case to take full account of the
family's objections and amend the UK Inquiries Act 2005;
8. Calls for the immediate establishment of a full,
independent, public judicial inquiry into the murder of Pat
Finucane, as recommended by Judge Cory, which would enjoy the
full co-operation of the family and the wider community
throughout Ireland and abroad.
Mr. WEXLER. Mr. Speaker, I yield back the balance of my time.
Mr. McCOTTER. Mr. Speaker, I yield back the balance of my time.
The SPEAKER pro tempore (Mr. Gohmert). The question is on the motion
offered by the gentleman from Michigan (Mr. McCotter) that the House
suspend the rules and agree to the resolution, H. Res. 740, as amended.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds of
those present have voted in the affirmative.
Mr. McCOTTER. Mr. Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the
Chair's prior announcement, further
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proceedings on this question will be postponed.
____________________