Finding Finucane inquiry judge 'difficult'

The British government was having "great difficulty" finding a judge to chair its inquiry into the murder of Belfast solicitor Pat Finucane because the legal profession was advising judges against it, Taoiseach Bertie Ahern told the Dáil.

Mr Ahern said Northern Secretary Peter Hain told him last week he intended going ahead with the inquiry in the autumn, despite the opposition of the Irish Government to its restricted nature, which "renders it useless".

The British estimated it would cost €50 million. However, the Taoiseach said he had told Mr Hain they could spend €50 million "but that would not convince anybody in the collective interest of this case".

He asked: "How can one say it is a full inquiry, an independent inquiry or a public judicial inquiry when the judge has a right to see things but cannot publish them, cannot say them in public or cannot show them to the family; how is that a full inquiry, an independent inquiry or a public judicial inquiry?"

The Government had set out to get a full, independent public judicial inquiry, but "as of now I can give the House no comfort".

The Taoiseach told the House the British government was "seeking a judge. I understand from international connections that they are having great difficulty getting a judge. The legal world has been quite active in putting out reasons a judge should not take up the position.

"I have been trying to help in doing that, too." Under new legislation "the responsible minister, not the chair, maintains significant control over the inquiry".

Tony Gregory (Ind, Dublin Central) asked was it "not time to end the cap-in-hand approach on this issue and change tactics to demand a full public independent inquiry. If there is good faith between the two governments, surely that can be achieved."

But Mr Ahern insisted that there was no question of "diplomatic niceties. This has been raised at endless meetings which have been far from diplomatic niceties. The British government will not change".

Fine Gael leader Enda Kenny asked if the Taoiseach could persuade the British prime minister that "if the inquiry proceeds as proposed, and the Finucane family do not become involved, it is a useless entity and restricted findings will not bring closure or truth".

Mr Ahern said they were trying to ascertain whether there was collusion by British forces in the murder. "The inevitable question is where did they go within the system. Did they move up through the system, go into the political end, or were they in the NIO."

Green Party leader Trevor Sargent said the Northern Secretary had stated that the amended Inquiries Act was necessary to secure the co-operation of British security services. "Doesn't that indicate that we are effectively dealing with a government that can no longer claim to be governing, that it is being told what to do by its security services?"

Mr Ahern said: "I have suspicions on the matter, but I have no evidence or proof. However, I believe that there is some significant reason. That is why I have said that I cannot explain this, never mind stand over it, which I am not prepared to do."