The independent statutory inquiry into the murder of Belfast solicitor Pat Finucane has been formally established with the publication on Monday of the terms of reference by the UK government.
It is charged with completing an investigation into his murder which is compliant with Article 2 of the European Convention on Human Rights (ECHR).
The 39-year-old was shot dead by members of the loyalist paramilitary group the Ulster Defence Association (UDA) at his family home in north Belfast in 1989 in an attack subsequently found by a number of investigations to have involved collusion with the British state.
His widow, Geraldine Finucane, welcomed it as a “significant moment” in the “long journey” of the Finucane family’s 37-year campaign “for a full and independent investigation into Pat’s murder and the role of the State.”
READ MORE
According to its terms of reference, the inquiry will seek to determine the circumstances of his murder, establish the identity of all those involved and the nature of their involvement and “establish whether the evidence indicates that the murder could have been prevented” as well as any other relevant “acts or omissions.”
Under the Inquiries Act 2005 its powers will include the ability to compel the production of documents and to summon witnesses to give evidence on oath.
It follows a 2019 ruling by the UK supreme court which found the British authorities had failed to carry out an Article 2-compliant investigation into the killing.
The Northern Ireland Secretary Hilary Benn, said in a written statement to the UK parliament on Monday that he was “satisfied that the Terms of Reference ... will enable the [UK] state to discharge its obligations under Article 2 of the ECHR.”
He said they had been developed following formal consultation with the chair of the inquiry, the retired court of appeals judge Gary Hickinbottom, who consulted with the Finucane family “who provided very helpful feedback and observations”.
According to the terms of reference, the chair of the inquiry will agree with Benn “a plan, timeline and budget for the delivery of these terms of reference within four months of their publication.”
“Patrick Finucane was brutally murdered in his home in Belfast in front of his wife, Geraldine [who was also wounded], and his three children,” Benn said.
“This was a barbaric and heinous crime,” he said. “I commend the tireless campaign of Mrs Finucane and her family over the course of 37 years in seeking answers about the brutal murder of their loved one, and I am pleased that the Inquiry will now finally be able to get under way.”
Hickinbottom said this was an “important moment, as it establishes the inquiry on a formal footing and allows us to begin our work in earnest.”
Inviting potential core participants to apply to the inquiry, he said he wished to “build momentum at this early stage” and was keen for the inquiry to proceed “at pace”.
He said he intended “to fulfil my duties as chair as fairly, openly and transparently as possible, operating independently from government and any other outside influence.”
