The decision by the British government to hold a judicial inquiry into collusion by members of the security forces in the murder of Belfast solicitor, Mr Pat Finucane, in 1989, is an advance.
But until details of amending legislation which may limit the range and extent of the inquiry are published, it will be impossible to say whether the exercise will satisfy a long-felt public need for transparency and accountability.
The Finucane case has always been accorded special treatment by the British government. It firmly resisted years of litigation by the Finucane family in its efforts to secure a full public sworn inquiry under the 1921 Act. Last April, the case was not included in a series of inquiries announced following a report by the retired Canadian Supreme Court Judge, Mr Peter Cory, on the murders of Mr Robert Hamill, Ms Rosemary Nelson, Mr Billy Wright and Mr Finucane. At that time, the British government justified its decision on the grounds that criminal prosecutions in the Finucane case and the on-going Stevens inquiry had to be completed. Part of that excuse disappeared last week when Ken Barrett pleaded guilty to the murder in a Belfast Court and was sentenced to 22 years in jail.
The Northern Ireland Secretary, Mr Paul Murphy, yesterday announced the decision to hold the inquiry, following considerable political pressure from Sinn Féin and the SDLP. But he said new legislation would be introduced to facilitate the investigation without specifying what changes are likely to be made or when the inquiry will be held. The Finucane family is concerned by this development and fears the inquiry may be restricted on the grounds of national security. In the circumstances, and because of the sensitivities involved, much of the evidence is likely to be given in private session.
Involvement by members of the security forces in the murder of Mr Finucane is beyond question. Sir John Stevens found the security forces had played a part in planning the killing. And Judge Cory reported that whole sections of British Army Intelligence and the RUC Special Branch, rather than individual members, had colluded in his murder. What remains to be established is how far up the various chains of command that involvement and responsibility went. There is an obvious desire by the security establishment to avoid any examination of such unacceptable activity. Four years ago at Weston Park, the British Prime Minister, Mr Blair, promised the Northern Ireland parties a full investigation of any involvement by government agencies in these murders. It is a commitment that must be met.