Funding delays hinder Finucane inquiry's access to intelligence files
The public inquiry into the murder of Belfast solicitor Pat Finucane is facing delays in accessing intelligence documents because government funding for a secure computer system has not been finalised. The inquiry, which began its first public hearings this autumn, has not been provided with the necessary infrastructure to handle classified material from MI5, the PSNI, and the British army.
Inquiry chair Sir Gary Higginbottom said that until the inquiry can process documents on its own systems, progress will be slow. He indicated that evidence hearings, where key witnesses could be cross-examined, may take place in the coming months but would depend on the availability of secure facilities and document disclosure.
A spokesperson for the inquiry said the delay is outside its control, as the infrastructure can only be supplied by HM Government and the PSNI. The PSNI has provided an interim secure facility for digital material, but it is unclear whether this includes confidential or sensitive documents or material from MI5 or the British army. A permanent facility is not expected until 2027, subject to funding approval.
The inquiry is tasked with establishing the extent of MI5's knowledge of the activities of Brian Nelson, a British Army agent and senior UDA member who played a role in the conspiracy to murder Finucane. It must also determine whether MI5 and other security agencies withheld intelligence documents from previous investigations.
Counsel to the inquiry, Alex Jamieson, said the legal team has not yet been able to consider any closed or secret material. He highlighted MI5's failure to hand over a tranche of intelligence to the Kenova investigation until after an interim report was published, which caused Kenova to revise its assessment. The inquiry will need to examine whether similar issues occurred in the 2012 investigation into Finucane's murder.
In addition, a key post within the inquiry remains vacant more than six months after being advertised. The Records and Disclosure Manager, who would handle classified intelligence, is being recruited and will be employed by the Ministry of Justice (UK) rather than the inquiry itself. The Ministry of Justice did not respond to questions about safeguards to ensure the inquiry's independence.
The Northern Ireland Office, the inquiry's sponsoring department, said it maintains regular liaison with the inquiry but did not answer questions about funding delays. The inquiry was established after years of campaigning by the Finucane family, who have long alleged state collusion in the murder. Pat Finucane was shot dead by loyalist paramilitaries in his north Belfast home in 1989.