Parliament

My Rt Hon Friend the Secretary of State for Northern Ireland (Hilary Benn) has today made the following statement:

On 11 September 2024, I announced the establishment of an independent statutory inquiry into the murder of Patrick Finucane in February 1989, under the Inquiries Act 2005. This decision was in response to the 2019 judgment of the Supreme Court, which found that the previous investigations into the murder had been insufficient to enable the State to discharge its obligations under Article 2 of the European Convention on Human Rights.

Today, the Government has published the Terms of Reference for the Patrick Finucane Inquiry. This follows the appointment of The Rt. Honourable Sir Gary Hickinbottom as Chair of the Patrick Finucane Inquiry and The Baroness O’Loan and Francesca Del Mese as Assessors to the Inquiry, which I announced on 13 June 2025.

The Terms of Reference have been developed following formal consultation with Sir Gary, as required by the Inquiries Act. Sir Gary, in turn, consulted the family of Patrick Finucane who provided very helpful feedback and observations. I would like to thank Sir Gary and the Finucane family for their engagement and feedback throughout the process.

Patrick Finucane was brutally murdered in his home in Belfast in front of his wife, Geraldine (who was also wounded), and his three children. This was a barbaric and heinous crime. 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 underway.

I am satisfied that the Terms of Reference, as set out below, will enable the State to discharge its obligations under Article 2 of the ECHR.

I have placed a copy of the Terms of Reference in the Library of the House.

The Patrick Finucane Inquiry is now formally established. Its Terms of Reference are attached.

Under the Inquiries Act, the power to establish a statutory independent inquiry and the constitution of the inquiry lie with the Secretary of State for Northern Ireland.

In the Secretary of State’s Written Ministerial Statement of 13 June, he set out that he had appointed Baroness O’Loan and Francesca Del Mese as Assessors to the Patrick Finucane Inquiry under section 11 of the Inquiries Act 2005 in accordance with the established appointments process. The Secretary of State then informed the Finucane family in the week of the announcement in line with customary practice. Their role is to provide expert advice to the Rt Hon Sir Gary Hickinbottom who has been appointed as Chair of the Inquiry under section 1 of the Act. I remain confident that these appointments have the relevant knowledge, experience and professionalism the Inquiry requires.

My Rt Hon friend the Secretary of State for Northern Ireland (Hilary Benn) has today made the following statement:

I wish to provide an update to the House on the Government’s decision to establish an independent statutory inquiry into the murder of Patrick Finucane in February 1989.

Today, the Government has appointed the Rt Hon Sir Gary Hickinbottom as Chair of the Patrick Finucane Inquiry. The Inquiry is being established under section 1 of the Inquiries Act 2005, with full powers, including the power to compel the production of documents, and to summon witnesses to give evidence on oath. The Government has also today appointed The Baroness O’Loan and Francesca Del Mese as Assessors to the Inquiry under section 11 of the Inquiries Act.

The appointment of Sir Gary follows my announcement, on 11 September 2024, that the Government will establish an independent statutory inquiry into the murder of Patrick Finucane. This decision was in response to the 2019 judgment of the Supreme Court, which found that all the previous investigations into the murder had been insufficient to enable the State to discharge its obligations under Article 2 of the European Convention on Human Rights.

The murder of Mr Finucane in front of his wife, Geraldine (who was also wounded), and his three children, was a barbarous and heinous crime and one which continues to highlight the legacy of the Troubles in Northern Ireland. I commend and support the tireless campaign of Mrs Finucane and her family in seeking answers to the brutal murder of their loved one and I am confident that this Inquiry will provide answers to the family who have suffered so terribly.

In determining who should Chair the Inquiry, I considered that in view of the nature of the evidence and questions to be tested by the Patrick Finucane Inquiry, a judicial chairperson, sitting alone without a panel and with two Assessors, would be most appropriate for the role.

Sir Gary has had a distinguished judicial career in England and Wales. He is currently President of Welsh Tribunals and member of the Judicial Openness and Transparency Board. He was made a full-time judge in 2000 and was appointed to a succession of judicial appointments in both the court and tribunal systems. In 2021, Sir Gary retired from the Court of Appeal to conduct a Commission of Inquiry into governance and corruption in the British Virgin Islands, on which he reported in April 2022.

The Baroness O’Loan is a life peer appointed to the House of Lords in 2009. She became a member of the Northern Ireland Scrutiny Committee in January 2025. Prior to that, she was a member of various House of Lords Select Committees from 2010 to 2024. Baroness O'Loan was the first Police Ombudsman in Northern Ireland.

Francesca Del Mese is an international criminal and human rights lawyer with over 25 years of experience in rule of law and security sector reform, specialising in conflict-affected and fragile States and countries experiencing political transition. She serves as a Member of the Investigatory Powers Tribunal and is also a judge (Recorder) of the Crown Court of England and Wales.

I am delighted that Sir Gary Hickinbottom has accepted this important role as Chair of the Patrick Finucane Inquiry and that Baroness O’Loan and Francesca Del Mese have accepted the important roles of assessors to the Inquiry. I am confident that, together, their valuable knowledge, experience and professionalism will be of great benefit to the work of the Patrick Finucane Inquiry.

The Chair will now meet with the family and consult them on the Terms of Reference.

Since 2020, His Majesty’s Government has supported 16 public inquiries under the Inquiries Act 2005. The Cabinet Office does not centrally hold data on the yearly public funding to inquiries as each Government Department is responsible for the inquiries they sponsor.

Four inquiries have been established so far in 2025. The Independent inquiry into Manston short-term holding facility and the Stockport Inquiry will be sponsored by the Home Office, the Nottingham Inquiry will be sponsored by the Ministry of Justice, and the Patrick Finucane Inquiry by the Northern Ireland Office.

As mentioned in my previous Written Answer, the Government takes reasonable steps to control the costs of inquiries, including capping legal costs as appropriate.

The Government asked Judge Peter Cory to re-investigate the death of Patrick Finucane. This was not a public inquiry but led to public inquiries into the deaths of Rosemary Nelson, Billy Wright, Robert Hamill and Patrick Finucane.

The Robert Hamill Inquiry is yet to publish its Report and therefore its final costs are not yet available. The Government is in the process of setting up the Patrick Finucane Inquiry and has considered the likely costs and impact on the public finances. The Government’s expectation is that the inquiry will avoid unnecessary costs given the work done in all the previous reviews and investigations and the large amount of information and material that is already in the public domain.

Sir Desmond de Silva was appointed to conduct an independent review into the death of Patrick Finucane, but like Cory, this was not a public inquiry. Sir John Stevens’ investigation was commissioned and funded by the Royal Ulster Constabulary (now PSNI).