[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H. Con. Res. 20 Introduced in House (IH)]
110th CONGRESS
1st Session
H. CON. RES. 20
Calling on the Government of the United Kingdom to immediately
establish a full, independent, and public judicial inquiry into the
murder of Northern Ireland defense attorney Patrick Finucane, as
recommended by Judge Peter Cory as part of the Weston Park Agreement,
in order to move forward on the Northern Ireland peace process.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 9, 2007
Mr. Smith of New Jersey (for himself, Mr. Engel, Mr. Walsh of New York,
Mr. Neal of Massachusetts, Mr. King of New York, Mr. Payne, Mr. Garrett
of New Jersey, Mr. Pallone, Mr. Crowley, Mr. McNulty, and Mr. Rothman)
submitted the following concurrent resolution; which was referred to
the Committee on Foreign Affairs
_______________________________________________________________________
CONCURRENT RESOLUTION
Calling on the Government of the United Kingdom to immediately
establish a full, independent, and public judicial inquiry into the
murder of Northern Ireland defense attorney Patrick Finucane, as
recommended by Judge Peter Cory as part of the Weston Park Agreement,
in order to move forward on the Northern Ireland peace process.
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
full, independent, and public 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, independent, and
public 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 full, independent, and public judicial inquiry into
the murder of Patrick Finucane: Now, therefore, be it
Resolved by the House of Representatives (the Senate concurring),
That Congress--
(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 a full, independent, and public 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.
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