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May 18, 2006

Text of Finucane Bill Passed by Congress

109TH CONGRESS
2D SESSION H. RES. 740

Calling on the Government of the United Kingdom to immediately
establish a full, independent, public judicial inquiry into the
murder of Northern Ireland defense attorney Pat Finucane, as
recommended by international Judge Peter Cory as part of the
Weston Park agreement and a way forward for the Northern Ireland
Peace Process.

IN THE HOUSE OF REPRESENTATIVES
MARCH 28, 2006

Mr. SMITH of New Jersey (for himself, Mr. KING of New York, Mr.
GALLEGLY, Mr. NEAL of Massachusetts, Mr. PAYNE, Mr. PALLONE, Mr.
PASCRELL, Mr. CROWLEY, Mrs. MCCARTHY, Mrs. MALONEY, Mr. SWEENEY,
Mr. WALSH, Mr. MCNULTY, and Mr. ENGEL) submitted the following
resolution; which was referred to the Committee on International
Relations

RESOLUTION

Calling on the Government of the United Kingdom to immediately
establish a full, independent, public judicial inquiry into the
murder of Northern Ireland defense attorney Pat Finucane, as recommended
by international Judge Peter Cory as part of the Weston Park agreement
and a way forward for 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 numerous international bodies and non governmental human
rights organizations have made note of serious allegations of collusion
between loyalist paramilitaries and British security forces in the
murder of Mr. Finucane;

Whereas in July, 2001, the Irish and British Governments made new
commitments in the Weston Park Agreement to hold public inquiries
into high profile murders if so recommended by the Honorable
Judge Peter Cory, with it being clearly understood that such an
inquiry would be held under the United Kingdom Tribunals of
Inquiry (Evidence) Act 1921;

Whereas Judge Cory found sufficient evidence of collusion to
warrant a public inquiry into the murder of Patrick Finucane and
recommended that such an inquiry take place without delay;

Whereas in his conclusions, Judge Cory set out the necessity and
importance of a public inquiry into the Finucane case and that
the failure to hold a public inquiry as quickly as reasonably
possible could be seen as a denial of the agreement at Weston
Park;

Whereas on May 6, 2004, Judge Cory testified in Congress before
the United States Helsinki Commission and presented his report
which is replete with evidence of possible collusion relating to
activities of the army intelligence unit and the RUC in the
Finucane case;

Whereas the United Kingdom adopted new legislation after the
public release of the Cory Report, the United Kingdom Inquiries
Act 2005, which severely limits the procedures of an independent inquiry
and which has been rejected as inadequate by Judge Cory, the Finucane
family, the Irish Government and human rights groups;

Whereas on March 15, 2005, Judge Cory submitted written testimony
to the House International Relations committee stating that the
new legislation is ''unfortunate to say the least'' and ''would
make a meaningful inquiry impossible'';

Whereas Judge Cory's written statement also stated that his
recommendation for a public inquiry into the Finucane case
''contemplated a true public inquiry constituted and acting
pursuant to the provisions of the 1921 Act '' and not the new
2005 Inquiries Act; and

Whereas the House of Representatives and Congress have passed
legislation supporting the establishment of an independent,
judicial inquiry into the murder of Patrick Finucane and deeply
regrets the British Government's failure to honor its commitment
to implement Judge Cory's recommendation in full: Now therefore,
be it Resolved, That the House of Representatives—

(1) commends the Finucane family—wife Geraldine and son
Michael who have testified before Congress— for their
courageous campaign to seek the truth in this case of
collusion;

(2) welcomes the passage of a resolution by the Dail Eireann on
March 8, 2006, calling for the establishment of a full,
independent, public judicial inquiry into the murder of Patrick
Finucane as the Irish Government's most recent expression of
support for the Finucane family;

(3) acknowledges the United States Helsinki Commission and the
House of Representatives' International Relations' subcommittees
charged with human rights monitoring for their work in high
lighting this case through hearings and legislation;

(4) supports the efforts of The Honorable Mitchell Reiss,
President Bush's special envoy for the Northern Ireland Peace
Process, in pushing for the full implementation of the Weston
Park Agreement and the establishment of an independent, judicial
inquiry into the murder of Patrick Finucane; and

(5) calls on the Government of the United Kingdom to—

(A) reconsider its position on the Finucane case to take full account
of the family's objections, Judge Cory's objections, objections raised
by officials of the United States Government, other governments, and
international bodies, and amend the UK Inquiries Act of 2005; and

(B) establish immediately a full, independent, public judicial inquiry
into the murder of Pat Finucane, as recommended by Judge Cory, which
would enjoy the full cooperation of he family and the wider community
throughout Ireland and abroad.
Posted by: Unknown / 1:32 PM
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