[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

[[Page H2613]]

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

[[Page H2614]]

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

[[Page H2615]]

proceedings on this question will be postponed.

                          ____________________