Finucane: 'New law could end independent public inquiries'

British government legislation for the inquiry into the murder of Belfast solicitor Pat Finucane could be used to suppress facts in a tribunal into allegations of British army bullying in Deepcut Barracks, Lords in the UK were warned today.

As Lords considered a Bill affecting the Finucane Inquiry, human rights organisation British Irish Rights Watch said it would give ministers unprecedented control over inquiries into allegations of State misconduct.

British Irish Rights Watch director Jane Winter argued: “This Bill would bring an end to independent, public inquiries and allow the government to prevent independent scrutiny of a range of events where there are serious allegations of state misconduct.

“Individuals who have survived major disasters and the families of those killed with the active involvement of state agents, or through the negligence of state institutions, will find it much harder to establish the truth about what happened and hold those responsible to account.

“Should the Bill be enacted as law, its effect on inquiries such as the long-overdue inquiry into the murder of solicitor Patrick Finucane in Northern Ireland, or any future inquiry into the allegations of bullying and mistreatment at Deepcut Barracks in Surrey, would be devastating.”

The government has approved an inquiry into allegations that rogue members of British army intelligence and the Royal Ulster Constabulary colluded in the 1989 murder by loyalists of Pat Finucane in front of his family in his north Belfast home.

However, because the tribunal will have to deal with sensitive matters of national security behind closed doors, Northern Ireland Secretary Paul Murphy has said new legislation is needed to replace the 1921 Tribunals of Inquiry (Evidence) Act.

In a briefing note sent to the members of the House of Lords, British Irish Rights Watch said it had identified a numerous provisions in the new Bill which gave rise to considerable concern.

“A minister will set the terms of reference for an inquiry and an inquiry may only act within those terms of reference,” the organisation claimed.

“The chair of an inquiry will have no power to seek any alteration to the terms of reference, should she or he consider them insufficient for the proper investigation of the matter in question.

“A minister who establishes an inquiry can issue a ‘restriction notice’ at any time before or during the inquiry, taking into consideration matters such as national security.

“These notices can prevent the disclosure of any evidence or documents produced to or by the inquiry from being made public, and can also prevent the inquiry from sitting in public for particular sessions, or in its entirety.

“Unless revoked by the Minister, such notices will last indefinitely, and information kept by the minister from the inquiry will only be released after 30 years.

“The minister can also withhold from publication anything in the inquiry’s final report if she or he considers it in the public interest to do so.

“The ‘public interest’ is defined broadly to include concerns about national security, international relations and economic interests.”

On Friday, the family of Pat Finucane warned it could not take part in any tribunal into the solicitor’s murder if it was set up under the terms of the Bill.

The legislation has also been denounced by nationalist SDLP Assembly member Alex Attwood.