A British government decision to establish three public inquiries into collusion by members of the security forces in the murders of Mr Robert Hamill, Ms Rosemary Nelson and Mr Billy Wright, under the Northern Ireland Police Act of 1998, should be welcomed. But serious questions hang over its action in delaying a judicial investigation into the murder of Mr Pat Finucane until criminal prosecutions and the on-going Stevens inquiry have been completed.
The Northern Secretary, Mr Paul Murphy, announced in the House of Commons that the tribunals will be given power to summon witnesses and compel the production of official documents. And their establishment follows an undertaking given by the British Prime Minister, Mr Tony Blair, to the Northern Ireland parties at Weston Park, almost three years ago.
Preliminary reports by retired Canadian Supreme Court Justice, Mr Peter Cory, into the murders were published yesterday, after months of delay, and will form the basis for the investigations. Blacked-out sections will be made available to the tribunals. The reports were damning in all four cases and Judge Cory found evidence of collusion by members of the RUC, the Special Branch, MI5, the Prison Service and the Northern Ireland Office, through acts of omission or commission. The broad definition of collusion contained in Judge Cory's reports, which can be either active or passive, is in keeping with the approach of the Stevens inquiry.
The Finucane family, which has been engaged in litigation with the British government for many years in its efforts to secure a sworn inquiry is, understandably, unhappy with the outcome. The decision to postpone any inquiry into Mr Finucane's murder until criminal prosecutions have taken place and the Stevens inquiry is completed will be seen as a delaying tactic. In normal circumstances, the British government's decision would be understandable because people guilty of serious crimes should be punished. Judge Cory recognised that particular difficulty in his report, before remarking: "This may be one of the rare situations where a public inquiry may be of greater benefit to a community than prosecutions". A criminal prosecution is also pending in connection with the murder of Mr Hamill. In spite of that, an inquiry was sanctioned. The Northern Secretary justified the decision on the grounds that the Chief Constable of the PSNI, Mr Hugh Orde, had advised it would not prejudice a future investigation.
It is hard to escape the conclusion that the Finucane case has been accorded special treatment. It is a particularly sensitive matter. Judge Cory found that whole sections of British army intelligence and the RUC Special Branch, rather than individual members, had colluded in his murder. Last year Sir John Stevens reported the security forces had played a part in planning the killing. It is not something that will go away. The sooner the British government confronts this intolerable failure within its security system, the better.