[Pages H2164-H2171]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

CONDEMNING MURDER OF ROSEMARY NELSON AND CALLING FOR PROTECTION OF
DEFENSE ATTORNEYS IN NORTHERN IRELAND

Mr. GILMAN. Mr. Speaker, I move to suspend the rules and agree to the
resolution (H. Res. 128) condemning the murder of human rights lawyer
Rosemary Nelson and calling for the protection of defense attorneys in
Northern Ireland, as amended.
The Clerk read as follows:

H. Res. 128

Whereas on September 29, 1998, Rosemary Nelson, a prominent
defense attorney in Northern Ireland, who testified before
the

[[Page H2165]]

Subcommittee on International Operations and Human Rights of
the Committee on International Relations of the House of
Representatives, stated that she had been harassed and
intimidated by the Northern Ireland police force, the Royal
Ulster Constabulary (RUC) in her capacity as a defense
attorney, and that she had been ``physically assaulted by a
number of RUC officers'' and that the difficulties with the
RUC included ``at their most serious, making threats against
my personal safety including death threats'';
Whereas Param Cumarswamy, the United Nations Special
Rapporteur on the independence of judges and lawyers, also
testified before the Subcommittee on International Operations
and Human Rights citing the grave dangers faced by defense
attorneys in Northern Ireland and stated that ``there have
been harassment and intimidation of defense lawyers by RUC
officers'' and that ``these harassments and intimidation were
consistent and systematic'';
Whereas the United Nations Special Rapporteur recommended
that authorities other than the RUC conduct ``an independent
and impartial investigation of all threats to legal counsel
in Northern Ireland'' and ``where there is a threat to
physical integrity of a solicitor'' the ``Government should
provide necessary protection'';
Whereas Northern Ireland's Independent Commission for
Police Complaints (ICPC) reported ``serious concerns'' about
the RUC's handling of the inquiry into the death threats
Rosemary Nelson received and described the RUC officers
investigating the death threats as ``hostile, evasive and
disinterested'' and also noted an ``ill-disguised hostility
to Mrs. Nelson on the part of some police officers'';
Whereas the government, which provided protection for
Northern Ireland judges after paramilitary violence resulted
in the death of four judges and some family members, should
also provide appropriate protection for defense attorneys;
Whereas despite the threats and the intimidation, Rosemary
Nelson courageously continued to represent the rights of
Catholic clients in high profile cases, including the
residents of Garvaghy road in their bid to stop controversial
marches in their neighborhood and the family of Robert Hamill
who was beaten to death by a sectarian mob in 1997;
Whereas, because of her human rights work, Northern Ireland
solicitor Rosemary Nelson, the mother of three young
children, suffered the ultimate harassment and intimidation
and was brutally murdered on March 15th, 1999, by a bomb
placed on her car;
Whereas all those involved in the targeting and killing of
defense attorney Rosemary Nelson, including the Red Hand
Defenders, a militant loyalist paramilitary group that is
opposed to the peace process and that has claimed
responsibility for the murder, must be brought to justice;
Whereas the success of the peace process is predicated on
the ability of the people of Northern Ireland to believe that
injustices such as the murder of Rosemary Nelson will be
investigated thoroughly, fairly, and transparently;
Whereas the murder of Rosemary Nelson is reminiscent of the
1989 murder of human rights attorney Patrick Finucane, who,
according to the United Nations report, had also received
numerous death threats from RUC officers;
Whereas the United Nations Special Rapporteur reported that
since the Patrick Finucane murder, further information that
seriously calls into question whether there was official
collusion has come to light; and
Whereas Rosemary Nelson's stated fear of the RUC, the
recent release of Northern Ireland's Independent Commission
for Police Complaints (ICPC) report, and the United Nations
report, all necessitate the establishment of an independent
inquiry into Rosemary Nelson's murder in order to foster
confidence and credibility in this investigation as well as
the peace process: Now, therefore, be it
Resolved, That the House of Representatives--
(1) recognizes the historic significance of the 1998 Good
Friday Peace Accords and commends the people of Northern
Ireland for their commitment to work together in peace;
(2) condemns all violence committed in violation of the
Northern Ireland cease-fire agreement, an agreement that has
been largely successful; and
(3) calls on the Government of the United Kingdom--
(A) to launch an independent public inquiry for the
investigation of the murder of defense attorney Rosemary
Nelson so that evidence gathering, witness interviews, and
the issuance of a detailed, public report can be based on the
work of law enforcement experts not connected to or reliant
upon the efforts of the Royal Ulster Constabulary (RUC);
(B) to institute an independent judicial inquiry into
allegations that defense attorneys are systematically
harassed and intimidated by security forces; and
(C) to implement the United Nations Special Rapporteur's
recommendation for an independent inquiry into the
possibility of collusion in the killing of defense attorney
Patrick Finucane.

The SPEAKER pro tempore. Pursuant to the rule, the gentleman from New
York (Mr. Gilman) and the gentleman from New York (Mr. Crowley) each
will control 20 minutes.
The Chair recognizes the gentleman from New York (Mr. Gilman).

General Leave

Mr. GILMAN. Mr. Speaker, I ask unanimous consent that all Members may
have 5 legislative days within which to revise and extend their remarks
on H. Res. 128.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from New York?
There was no objection.
Mr. GILMAN. Mr. Speaker, I yield myself such time as I may consume.
(Mr. GILMAN asked and was given permission to revise and extend his
remarks.)
Mr. GILMAN. Mr. Speaker I want to thank the gentleman from New Jersey
(Mr. Smith), the gentleman from New York (Mr. King), the gentleman from
Connecticut (Mr. Gejdenson), the gentleman from New Jersey (Mr. Payne),
the gentleman from New Jersey (Mr. Menendez), the gentleman from New
York (Mr. Crowley), and all those on both sides of the aisle for
working together on this bipartisan resolution on the murder of
Rosemary Nelson in Northern Ireland that is now before us. It passed
without objection last week in our committee because we all know what
is at stake here, the very integrity of the Northern Ireland peace
process.
On March 15, in Lurgan, Northern Ireland, Rosemary Nelson, prominent
Northern Ireland solicitor who had long defended nationalists,
Catholics, as well as having represented the nearby Drumcree
nationalist community in the controversy over forced Orange Order
triumphant marches through their neighborhoods, was murdered. In a
brutal, cowardly, and professionally done car bomb near her home, this
mother of three lost both her legs from the bomb and died shortly
thereafter in the hospital.
A loyalist group, the Protestant Red Hand Defenders, claimed credit
for this cowardly terrorist act. Mrs. Nelson was killed solely because
she was engaged in advocacy and providing vital legal counsel to many
of those who have little faith in a unionist dominated society, and
especially the police service, RUC, many fear and want disbanded.
Just late last September, Mrs. Nelson, who had faced numerous threats
on her life because of her advocacy and feared the local police as much
as the loyalist killers, testified before our House Committee on
International Relations.
Mrs. Nelson told our committee of her hope in our committee room
that, as a solicitor engaged in representing her clients, many of whom
were nationalists, and I quote, ``The test of a new society in Northern
Ireland will be to the extent to which it can recognize and can respect
our role and enable me to discharge it without proper interference. I
look forward to that day,'' said Mrs. Nelson.
The day, sadly, is not yet here. And the resolution before us is
intended to help hasten that day. The British Government must establish
a completely independent inquiry into Mrs. Nelson's tragic murder and
publicly report its findings. The trust and support of all of the
people of Northern Ireland in any inquiry into Mrs. Nelson's death is
essential.
It is now more important than ever that change must come, and the old
``business as usual'' is not what the nationalist community needs to
see in the new north of Ireland. Covering up possible police abuse and
negligence is not the way to build lasting peace and justice in
Northern Ireland.
What we need to see is an overall independent inquiry into the
intimidation of defense lawyers in Northern Ireland, as the U.N.
Special Rapporteur called for last year, and told our committee was
needed the very same day Mrs. Nelson was before us. We have heard all
sorts of stories so far on what is being done in the Nelson inquiry,
but none of them are satisfactory.
First, we heard the FBI would be helping the inquiry, and then the
Chief Constable of Kent in England would be running the show. Now we
have another deputy constable brought in from England to run the
investigation.
All the time the local RUC in the Portadown region has been involved
from where some of the threats on Mrs. Nelson's life in fact
originated. One RUC officer reportedly told another

[[Page H2166]]

client of Mrs. Nelson when he was arrested that, ``Nelson won't help
you this time. She won't be here that long. She will be dead.''
Now no objective and fair person would want that police service
investigating this courageous solicitor's murder. This is one of the
factors why the original investigation of these RUC threats against
Mrs. Nelson were referred to the London Metropolitan Police for
investigation, not the RUC, by the Northern Ireland Independent
Commission on Police Complaints.
Yes, a lot rides in how this inquiry is fairly and independently
handled by the British Government, as well as the future for the north
of Ireland. There is a point in time when the peace process is stalled.
Accordingly, I urge the adoption of this important and timely
bipartisan resolution before us and urge my colleagues to vote ``yes''
on the resolution.
Mr. Speaker, I reserve the balance of my time.
Mr. CROWLEY. Mr. Speaker, I yield myself as much time as I may
consume.
Mr. Speaker, I rise in support, strong support, of House Resolution
128 and the work of the gentlemen from New Jersey (Mr. Smith) and (Mr.
Payne) and the work that they have done to honor the memory of Rosemary
Nelson.
It is amazingly fitting that we celebrated in the previous resolution
with the Congressional Gold Medal being given to Rosa Parks, and
deservedly so. The fact is that Rosemary Nelson was a Rosa Parks in
Northern Ireland. But she, unlike Rosa Parks, will never see the day
where she will be so honored in her homeland.
Mr. Speaker, Rosemary Nelson's death should not have happened. Mrs.
Nelson dedicated her life to improving human rights in Northern Ireland
as a defense attorney for the Catholic minority community. Her work
earned her much respect, as well as enemies.
In 1998, Congress heard Mrs. Nelson's fear when she testified before
the subcommittee of the gentleman from New Jersey (Mr. Smith), the
Subcommittee on Human Rights, about her defense work in the north of
Ireland. She feared for her life because of the lack of police
protection she and other Catholic defense attorneys received or did not
receive from the Royal Ulster Constabulary.
In addition to her own fears, the Independent Commission for Police
Complaints has reported that the RUC disregarded previous death threats
against Mrs. Nelson and that RUC officers repeatedly threatened her
during her course of work.
Frankly, I believe the RUC itself is partly responsible for the death
of Rosemary Nelson because of their lack of protection of her and its
prior history of collusion with loyalist militias.
This resolution brings justice to Rosemary Nelson and her legacy.
This resolution calls upon the United Kingdom to carry out an
investigation, not connected with the RUC, into the death of Rosemary
Nelson.
In the past, quasi-independent investigations have not borne any
fruit and typically have been disregarded, unpublished, and swept under
the carpet. Reputations have been destroyed and justice has never been
served.
In addition, this resolution calls upon investigators to issue a
detailed report on police harassment of defense attorneys by RUC forces
and forces it to implement the United Nations Special Rapporteur's
recommendation for an independent inquiry into the death of defense
attorney Patrick Finucane.
This Thursday, the gentleman from New York (Mr. Gilman) and the
gentleman from Connecticut (Mr. Gejdenson), two great friends of human
rights and the peace process in the north of Ireland, are holding
hearings in the Committee on International Relations, which I have the
pleasure of sitting on, about the reconstitution of the RUC and police
reform in Northern Ireland.
The RUC is made up of a force which is over 92 percent Protestant and
100 percent loyalist to the British Government. They have
systematically denied basic judicial and human rights to the Catholic
minority in Northern Ireland, and have no respect in the Catholic
community or in the world community at large. In fact, due to their
abysmal human rights record, there is a ban on weapons sales to the
Royal Ulster Constabulary by the Government of the United States.
I look forward to working with all my colleagues on both the
Committee on International Relations and in the House to work with the
international community in creating a police force which more
accurately reflects the religious makeup of Northern Ireland, a force
which all Irish can be proud of.
In closing, Mr. Speaker, I urge all my colleagues in Congress to
stand up for human rights in the north of Ireland and to honor the
legacy of Rosemary Nelson.
Again, I want to thank my co-chairs of the Congressional Ad Hoc
Committee for Irish Affairs, the gentleman from New York (Mr. Gilman),
the gentleman from New York (Mr. King) and the gentleman from
Massachusetts (Mr. Neal), along with the gentleman from New Jersey (Mr.
Payne) and the gentleman from New Jersey (Mr. Smith), for their work in
bringing attention to and making a difference on Irish issues and human
rights in the north of Ireland.
Mr. Speaker, I reserve the balance of my time.
Mr. GILMAN. Mr. Speaker, I yield such time as he may consume to the
gentleman from New Jersey (Mr. Smith), the distinguished chairman of
our Subcommittee on International Operations and Human Rights.
Mr. SMITH of New Jersey. Mr. Speaker, I want to thank the gentleman
from New York (Mr. Gilman) for his fine work on this resolution and for
helping us when we got to the full committee, and also the gentleman
from New York (Mr. Crowley) and the gentleman from New Jersey (Mr.
Payne), as was mentioned, and the gentleman from New York (Mr. King),
one of the cosponsors. We have worked as a team, and I think this is a
very important resolution for House consideration today.
Mr. Speaker, the resolution before us today condemns the brutal
murder of Northern Ireland defense attorney Rosemary Nelson and calls
for the British Government to launch an independent inquiry into
Rosemary's killing.
The resolution also calls for judicial inquiry into the allegations
of official collusion in the 1989 murder of defense attorney Patrick
Finucane and an independent investigation into broader allegations of
harassment of defense attorneys by Northern Ireland's police force,
known as the Royal Ulster Constabulary or the RUC.
Rosemary Nelson was a champion of due process rights and a
conscientious and courageous attorney in Northern Ireland. She was the
wife of Paul Nelson and the mother of three young children: Sara,
Gavin, and Christopher.
Her murder, Mr. Speaker, on March 15, 1999, was a cowardly act by
those who are the enemies of peace and enemies of justice in Northern
Ireland. Her death is a loss felt not just by her family and friends
but by all who advocate fundamental human rights.
Consideration of this resolution today is particularly timely, as
officials in Northern Ireland, the Republic of Ireland, and the U.K.
continue to question the ability of the RUC to properly conduct this
murder investigation.
In fact, last week the European Parliament passed its own resolution,
offered by Dublin's representative Bernie Malone, which calls for ``a
fully independent team of investigators to conduct the inquiry as a
means of securing confidence and objectivity.''
Anyone who knows anything about human rights in Northern Ireland
would have little confidence that the RUC could produce a credible or a
transparent or thorough investigation of the murder of a Catholic
defense attorney. The history of intimidation of defense attorneys by
the RUC has been documented by my subcommittee as well as by the United
Nations Commission on Human Rights.

{time} 1600

Thus, Mr. Speaker, there is little reason to believe that Rosemary
Nelson, who was mistreated by members of the RUC throughout her
professional life as an attorney, would now be treated respectfully and
justly in death.
I first met Rosemary Nelson in Belfast a few years ago when she
shared with me her genuine concern for the administration of justice in
the Northern Ireland. She explained how, as an

[[Page H2167]]

attorney, she had been physically and verbally assaulted by RUC members
and how they sent death threats to her through her clients. Many of her
clients were harassed as well.
Notwithstanding these threats, Rosemary still carried an exhaustive
docket which included several high-profile political cases, such as
representing the family of Robert Hamill, who was beaten to death by a
sectarian mob and representing the residents of Garvaghy Road in their
bid to stop controversial marches through the neighborhood. Through her
work, she became an international advocate for the rule of law and the
right of the accused to a comprehensive defense and an impartial
hearing of their case.
For this, however, Rosemary was often the subject of harassment and
intimidation. For her service to her clients, Rosemary Nelson paid the
ultimate price with her life, the victim of a car bomb.
Mr. Speaker, in September of last year, just 7 months ago, Rosemary
testified before my subcommittee. She told us how she feared, she
feared the RUC. She reported that she had been, quote, and I quote from
her testimony, ``physically assaulted by a number of RUC officers'' and
that the harassment included ``threats against my personal safety,
including death threats.'' She said she had no confidence in receiving
help from her government, because in the end her complaints about the
RUC would be investigated by the RUC.
Testifying along with Rosemary Nelson was a man by the name of Mr.
Cumaraswamy, a U.N. Special Rapporteur on the independence of judges
and lawyers, who led an extensive human rights investigative team to
the UK and published a report in 1998. Mr. Cumaraswamy stated that he
found evidence, and I quote him, of ``consistent and systematic,''
close quote, RUC harassment and intimidation of defense lawyers in
Northern Ireland. His report was quite critical of the excessive
authority granted to the RUC by the so-called ``emergency laws,'' and
he expressed dismay that the government had not moved decisively to
protect lawyers that were under threat.
Mr. Cumaraswamy recommended a judicial inquiry into the threats and
the intimidation of Rosemary Nelson and other defense attorneys. Last
week at the UN Commission on Human Rights at their annual summit in
Geneva, Mr. Cumaraswamy reported that in the years since the release of
his report about the great dangers facing Northern Ireland's defense
attorneys that the RUC had shown, and these are his words, ``complete
indifference.'' He accused the RUC chief, Constable Ronnie Flanagan,
and I quote him again, of ``allowing the situation to deteriorate,''
and like the rest of us, the Special Rapporteur says he has, and these
are his words again, ``a nagging feeling that the RUC involvement in
what is now a murder investigation could affect and taint the
impartiality and the credibility of that investigation.''
And yet, our friends in the Blair government seem unmoved.
Despite Rosemary Nelson's testimony, her concerns and the concerns
now raised by human rights experts around the world, the British
Government has forfeited the investigation of Rosemary Nelson's murder
to the very agency she feared and mistrusted the most. It does not seem
to phase them that a report just released by Northern Ireland's police
watchdog, the government's Independent Commission for Police
Complaints, the ICPC, said that RUC investigators investigating the
death threats against Rosemary Nelson were themselves evasive and
disinterested. It also found an ill-disguised hostility to Mrs. Nelson
on the part of some police officers.
Astonishingly, even the police from the bereaved family, even the
pleas from the father himself, the husband and father of the three
children, Paul Nelson; he went to Geneva just the other day, and his
quote:
``If the ICPC had no confidence in the ability of the RUC to
investigate the death threats against Rosemary, how can my family,'' he
says, ``be expected to have confidence in their ability, indeed their
willingness, to effectively investigate her murder?''
Mr. Speaker, the bill before us, the resolution before us today,
truly captures Mr. Nelson's sense of despair and reflects the growing
international consensus that the British Government needs to act
decisively and remove any and all doubts about the investigation into
Rosemary Nelson's murder. RUC Ronnie Flanagan has rejected the call for
an RUC-free investigation and has instead been spinning his wheels
trying to create the image of impartiality and external influence on
his investigation.
It does not cut, nobody is buying it, and we need now an RUC-free
investigation.
Let me just conclude, Mr. Speaker, by noting that the major
international human rights organizations, including Amnesty
International, the Lawyers Committee for Human Rights, British/Irish
Human Rights Watch, the Committee for the Administration of Justice,
Human Rights Watch and the Geneva-based Commission of Jurists all
support the call for an independent inquiry. That is what we tried to
do in this resolution. The time is long past for this to happen, and I
hope we get the full support of this body in support of this
resolution.
The resolution before us today condemns the brutal murder of Northern
Ireland defense attorney Rosemary Nelson and calls on the British
Government to launch an independent inquiry into Rosemary's killing.
The resolution also calls for a judicial inquiry into allegations of
official collusion in the 1989 murder of defense attorney Patrick
Finucane and an independent investigation into broader allegations of
harassment of defense attorneys by Northern Ireland's police force, the
Royal Ulster Constabulary (RUC).
Rosemary Nelson was a champion of due process rights and a
conscientious and courageous attorney in Northern Ireland. She was the
wife of Paul Nelson and the mother of three young children: Sarah (8),
Gavin (11), and Christopher (13). Her murder on March 15, 1999, was a
cowardly act by those who are the enemies of peace and justice in
Northern Ireland. Her death is a loss felt not just by her family and
friends, but by all who advocate fundamental human rights.
Consideration of this resolution today is particularly timely as
officials in Northern Ireland, the Republic of Ireland, and the United
Kingdom continue to question the ability of the RUC to properly conduct
this murder investigation. In fact, last week, the European Parliament
passed its own resolution--offered by Dublin's representative, Bernie
Malone (MEP)--which calls for ``a fully independent team of
investigators'' to conduct the inquiry as a means of securing
confidence and objectivity.
Anyone who knows anything about human rights in Northern Ireland
would have little confidence that the RUC could produce a credible,
transparent, thorough investigation of the murder of a Catholic defense
attorney. The history of intimidation of defense attorneys by RUC
members has been documented by my subcommittee, as well as by the
United Nations Commission on Human Rights. Thus, there is little reason
to believe that Rosemary Nelson, who was mistreated by members of the
RUC throughout her professional life as an attorney, would now be
treated respectfully and justly in death.
I first met Rosemary Nelson in Belfast a few years ago, when she
shared with me her genuine concern for the administration of justice in
Northern Ireland. She explained how, as an attorney, she had been
physically and verbally assaulted by RUC members and how they sent
death threats to her through her clients. Many of her clients were
harassed as well.
Notwithstanding these threats, Rosemary Nelson still carried an
exhaustive docket which included several high profile political cases,
such as representing the family of Robert Hamill, who was beaten to
death by a sectarian mob, and representing the residents of Garvaghy
Road in their bid to stop controversial marches in their neighborhood.
Through her work, she became an international advocate for the rule of
law and the right of the accused to a comprehensive defense and an
impartial hearing.
For this, however, Rosemary Nelson was often the subject of
harassment and intimidation. For her service to her clients, Rosemary
Nelson paid the ultimate price with her life--the victim of a car bomb.
In September 1998--just 7 months ago--Rosemary testified before our
subcommittee. She told us she feared the RUC. She reported that she had
been ``physically assaulted by a number of RUC officers'' and that the
harassment included, ``threats against my personal safety including
death threats.'' She said she had no confidence in receiving help from
her government because, she said, in the end her complaints about the
RUC were investigated by the RUC.

Testifying along with Rosemary Nelson was Mr. Param Cumaraswamy, the
U.N. Special Rapporteur on the independence of judges and lawyers, who
led an extensive human rights investigative mission to the United
Kingdom and published a report in 1998. Mr.

[[Page H2168]]

Cumaraswamy stated that he found evidence of ``consistent and
systematic'' RUC harassment and intimidation of defense lawyers in
Northern Ireland. His report was quite critical of the excessive
authority granted to the RUC through the so-called ``emergency laws''
and he expressed dismay that the government had not moved decisively to
protect lawyers under threat.
Mr. Cumaraswamy recommended a judicial inquiry into the threats and
intimidation Rosemary Nelson and other defense attorneys had received.
He endorsed the establishment of a police ombudsman and he called on
the British government to provide protection for defense attorneys who
had been harassed. Today, it is hard not to wonder: if only the British
Government had taken the Special Rapporteur's recommendations more
seriously, Rosemary Nelson might have been better protected and still
with us today.
But last week, at the U.N. Commission on Human Rights annual summit
in Geneva, Mr. Cumaraswamy reported that in the year since the release
of the UN report about the grave dangers facing Northern Ireland's
defense attorneys, the RUC has shown ``complete indifference.'' He
accused RUC Chief Constable Ronnie Flanagan of ``allowing the situation
to deteriorate.'' And like the rest of us, The Special Rapporteur says
he has a ``nagging feeling'' that RUC involvement in what is now a
murder investigation ``could affect and taint the impartiality and
credibility of the investigation.''
And yet, the our friends in the Blair government seem unmoved.
Despite Rosemary Nelson's testimony, her concerns, and the concerns
now raised by human rights experts the world over, the British
government has forfeited the investigation of Rosemary Nelson' murder
to the very agency she feared and mistrusted most, the RUC. It doesn't
seem to faze them that a report just released by Northern Ireland's
police watchdog, the government's Independent Commission for Police
Complaints (ICPC), said that RUC officers investigating the death
threats against Rosemary Nelson were themselves ``evasive and
disinterested.'' It also found an ``ill-disguised hostility to Mrs.
Nelson on the part of some police officers.''
Astonishingly, even the pleas of the bereaved family have fallen on
deaf ears at Stormont Castle. As a result, Rosemary Nelson's husband,
Paul, went to Geneva last week to gain outside help in his push for an
independent investigation into the murder of his wife. He has said very
simply, ``if the ICPC had no confidence in the ability of the RUC to
investigate the death threats against Rosemary, how can my family be
expected to have confidence in their ability--indeed their willingness
to effectively investigate her murder?''
The bill before us today captures Mr. Nelson's sense of despair and
reflects the growing international consensus that the British
Government needs to act decisively to remove any and all doubts about
the investigation into Rosemary Nelson's murder. RUC Chief Ronnie
Flanagan has rejected the call for an RUC-free investigation and has
instead been spinning his wheels trying to create an image of
impartiality and external influence in his investigation.
But, it's all an illusion.
While the Chief Constable's diversionary tactics have flattered
some--even one or two in our own FBI--the people in the affected
community have not been fooled. This week, both the Irish News and the
Irish Times reported that despite Mr. Flanagan's posturing about
external influences on the investigation, community witnesses ``have
been reluctant to talk to the police.''
And who can blame them?
Local residents remain skeptical of the RUC's window dressing and
have no confidence in an investigation that has already swapped one
non-RUC lead investigator for another.
They don't buy an investigation that advertises itself as a 50-member
``outside'' investigate force even though 40 members of the team are
RUC and only 10 are not.
They have low expectations and little trust in an ``investigative
team'' that tells people its working hard on the crime but can't get
the date of the murder right and issues a telephone hotline number
that's already been disconnected or never put in service.
The camouflage on Mr. Flanagan's so-called independent, outside
inquiry has already worn thin. Because of the documented, open
hostility that RUC officers displayed towards Rosemary Nelson, the RUC
simply does not have the credibility to answer the burdensome
questions: Who killed Rosemary Nelson? Who ordered her murder? And did
the RUC officers who threatened her life in the past either instigate,
condone, or cover-up her killing?
In order for this investigation to be beyond reproach, and to have
the confidence and cooperation of the Catholic community that Rosemary
Nelson adeptly represented, it must be organized, managed, directed and
run by someone other than the RUC. Anything short of that may have
surface appeal, but it still leaves too much of the grueling
investigation under the charge of an organization of which the murder
victim herself was extremely suspect, and to whom the local people are
afraid to talk.
The major international human rights groups, including Amnesty
International, Lawyers Committee for Human Rights, British/Irish Human
Rights Watch, the Committee for the Administration of Justice, Human
Rights Watch and the Geneva-based International Commission of Jurist
support the call for an independent inquiry.
Mr. Speaker, one of the major tenets of the 1998 ``Good Friday
Agreement'' is its promise of an acceptable police force that will
secure due process rights--rather than thwart them--for members of both
communities in Northern Ireland. The success of the peace process is
predicated on the government's ability to deliver on a police force
that will protect fundamental human rights and to demonstrate to the
people of Northern Ireland that injustices such as harassment of
defense attorneys and the murders of Patrick Finucane and Rosemary
Nelson will be investigated by top-notch, dedicated and impartial
personnel.
For these reasons, I urge final passage of this bill.
Mr. CROWLEY. Mr. Speaker, I yield 4 minutes to the gentleman from
Minnesota (Mr. Vento).
(Mr. VENTO asked and was given permission to revise and extend his
remarks.)
Mr. VENTO. Mr. Speaker, I rise in support and join my colleagues in
lamenting the assassination of Rosemary Nelson. With the prospect of
the Good Friday Accords in Northern Ireland and the fact that they are
still being pursued, and we are hopeful that they will be brought to
resolution, clearly this action against such a high-profile defense
lawyer and defense representative in Northern Ireland was calculated
to, in fact, stop those peace accords from going through, as other
actions that have taken place have also been aimed at that; and I think
all of us are hopeful that the Northern Ireland Government, the
Government in the UK will recognize that the objectivity of the Royal
Ulster Constabulary to in fact do this investigation has been forfeited
because of the events that have occurred in the recent past and
certainly with regards to Rosemary Nelson obviously, the testimony
here, the fact that she feared them and so forth, I think is a
statement that demonstrates that they have, in fact, compromised their
neutrality in terms of being able to go forward with such
investigation.
I think that the government structure clearly want to and hope that
they would like to get to the bottom of this, and so I think we must
find an objective investigation that is independent to get to the
bottom of it; and I think we should get to the bottom of it and
prosecute those that are guilty of this assassination and proceed with
the business at hand.
I think that events in Northern Ireland are pretty clear. Recently I
had the privilege to travel and participate in Northern Ireland with
Habitat for Humanity, the Belfast celebration providing homes to both
Catholics and Protestants. The economy of all of Ireland is on the
upswing, employment and opportunities are growing, and hopefully the
discrimination that has persisted in the past can now finally be laid
to rest. It has taken hundreds of years to get to where we are, but
these are, this type of behavior is learned behavior, and I think that
the human spirit certainly can rise above it, and we have seen some
pretty good examples of that in the past year.
The electoral process has been successful, and while outstanding
issues exist, I am optimistic that the Clinton administration, the
former Senator, George Mitchell-led Good Friday Peace Accord Agreement
of 1998 will be implemented, and that the IRA decommissioning and
reform at the RUC will be achieved.
I commend the leadership of the republic's Prime Minister Ahern, Mr.
Trimble and Jerry Adams, who are attempting to bring to conclusion and
completion the goals of peace and reconciliation in Northern Ireland.
This horrific murder of the attorney, Rosemary Nelson, represents a
sad day in the long peace process in Northern Ireland, but hopefully it
will not be the last chapter. Hopefully, the last chapter will be one
with this type of symbolic action of this outstanding personality and
person, that this will be one in which this loss of life will help to

[[Page H2169]]

push us and push these governments to a point of reconciliation and
building the type of community and the type of understanding that will
settle this matter for decades into the future.
Mr. Speaker, I thank the gentleman for yielding the time.
Mr. Speaker, I rise today to join my colleagues in lamenting the
plight of Rosemary Nelson. Sadly, Rosemary, a leading Catholic human
rights attorney and campaigner, was murdered by a car bomb in Lurgen,
Northern Ireland on March 15, 1999. This cowardly act is believed to
have been orchestrated by an outlaw band of extreme Protestant Red Hand
Defenders who claimed responsibility for the killing.
Rosemary's commitment to social justice and defense of nationalist
activities in high-profile cases throughout Northern Ireland led to
intimidation tactics by the Protestant-dominated police force, the
Royal Ulster Constabulary (RUC) and several death threats by unionist
para-militaries. Nelson, who was married and the mother of three
children aged 8 to 13, represented the Catholic residents of Carvaghy
Road, who refused to allow a Protestant fraternal organization to
parade past their homes in annual sectarian commemorations that
prompted province-wide violence. She also defended the family of Robert
Hamill, who was the victim of the ``Portadown kicking'' incident, while
RUC police officers did not address this atrocity. Unfortunately, due
to Rosemary's death, this case is still pending.
Rosemary made a very impressive and powerful impact when she
testified before the House Subcommittee on International Operations and
Human Rights, on September 29, 1998. Her testimony exposed the
harassment and intimidation of defense lawyers representing
nationalists in political cases in Northern Ireland. She accused the
RUC of making death threats against her and her family through clients
as well as sending threatening telephone calls and letters directly to
her. In addition, it is also alleged that the RUC made similar threats
against the safety of other defense attorneys in Northern Ireland. I
would point out that 10 years ago, prominent Catholic defense attorney
Patrick Funucane was murdered by an alleged loyalist death squad. To
this day, no one has every been charged with that crime. Further
allegations suggests that the RUC has conducted searchers without
warrants, arrested and detained suspects without providing access to
legal council. These allegations clearly violate international civil
rights laws and compromise the neutrality of the RUC to enforce the
law.
The murder of Rosemary Nelson has the potential to uproot and
undermine last year's historic Good Friday peace agreement. Further
retaliation from nationalist paramilitary forces could take the British
province back toward a state of sectarian warfare that has regrettably
prevailed for 30 years.
In response to Rosemary's murder and the past and current
intimidation tactics, I rise in strong support of H. Res 128, which
condemns all violence committed in violation of the largely successful
Northern Ireland cease-fire agreement. Specifically, this measure
condemns the murder of Rosemary and calls on the British government to
overturn its decision to allow the RUC to investigate Rosemary's death.
While the objectivity of the RUC is under question, the investigation
will not be accepted. H. Res 128 rightly urges the British government
to conduct an independent inquiry and issue a detailed public report on
the car bombing which killed Rosemary Nelson. Furthermore, this
important measure requests the British government to conduct a judicial
investigation of the treatment of defense attorneys by the RUC and
continue to investigate the death of Patrick Finucane.
Recently, I had the privilege to travel and participate with Habitat
for Humanity in a Belfast celebration of providing homes for both
Catholics and Protestants. The economy of all Ireland is on the
upswing, employment opportunities are growing and hopefully the
discrimination that has persisted in the past can now finally be laid
to rest. The electoral process has been successful and while
outstanding issues exist, I am optimistic that the Clinton
administration and the former Senator George Mitchell-led Good Friday
peace agreement of 1998 will fully be implemented and IRA
decommissioning and reform of the RUC achieved. I commend the
leadership of the Republic's Prime Minister Ahern, Mr. Trimble and
Jerry Adams, who are attempting to bring to conclusion and completion
the goals of peace and reconciliation in Northern Ireland.
The horrific murder of attorney Rosemary Nelson represents a sad day
in the long peace process in Northern Ireland. The role of defense
attorneys in any democracy and in Northern Ireland is vital. The test
of a new society in Northern Ireland will be to recognize and respect
such roles without any intimidation or improper interference. We must
all look forward to that day by building a truly democratic society,
brick by brick, and building a community which respects one another.
Mr. CROWLEY. Mr. Speaker, I yield 4 minutes to the gentleman from New
Jersey (Mr. Payne).
(Mr. PAYNE asked and was given permission to revise and extend his
remarks.)
Mr. PAYNE. Mr. Speaker, I rise today in support of this legislation
before us in honor of Rosemary Nelson who gave her life on Monday,
March 15. It is so ironic that today we also honor Rosa Parks. Rosa
Parks and Rosemary Nelson have a lot in common. They both stood up for
injustices in the world. Rosa Parks refused to give up her seat at the
front of a bus in Selma, Alabama, and did not give in to intimidation
of police.
Like Mrs. Rosa Parks, continents away, Rosemary Nelson continued to
receive death threats from those who continue to see Catholics as
second-class citizens.
In the shadow of peace talks, I know that Prime Minister Tony Blair
and Irish Premier Bertie Ahern met yesterday for 5 hours at Downing
Street. Although the parties showed little outward signs of progress, I
do believe that they must continue.
But let me say this. The peace process is in serious trouble if
perpetrators of Mrs. Nelson's death do not come forward. To date, the
RUC has yet to bring anyone accused of any crime associated with the
killings of the minority Catholic community. How do they have no
indictments or imprisonments over several years of sustained and
continued intimidation and abuse?
There is something wrong with this picture. The investigation into
the assassination of not only Rosemary Nelson is disturbing, but the
death of Pat Finucane as well. I have asked for an independent
investigation, one that is totally independent of RUC involvement.
Since there is well-founded evidence that there was collusion by the
RUC in both these murders, it is imperative that the investigation be
totally delinked.
Last year, the United Nations Rapporteur called for an independent
investigation and pointed specially to look at the harassment of civil
rights attorneys in the north of Ireland. Many lawyers on behalf of
residents in Ireland are routinely excluded from interviews with their
clients and are detained in holding centers.
The troubles in the north of Ireland did not begin with this one
courageous woman's death. We must also investigate Bloody Sunday which
began on Easter Sunday in 1972. Two years ago I went to the Pat
Finucane Center in West Belfast and met with Miss Ruth Taillon of the
West Belfast Economic Forum. While there, I also met with the wife of
imprisoned lawyer, Colin Duffy, and Oliver Kearney, Chairman of the
Fair Employment Group of Equity and relatives of the Justice Committee.
The Justice Committee sent me a letter, and I quote: ``It would be
untenable for RUC to have the inquiry.''
Moved by what I saw, I came back to the States committed to seeing
that justice is done. I introduced legislation that will call for full
disclosure of the inquiry reports of both Pat Finucane and the Nelson
case, and it also calls on the United Nations to form an independent
inquiry into the long-term harassment of these individuals. I have
worked with the sponsors of this bill, and I believe my concerns have
been incorporated in the bill.
It is public knowledge that Mrs. Nelson's life was threatened on
several occasions by the RUC Special Branch. Mrs. Nelson testified
before the Committee on International Relations' Subcommittee on
International Operations and Human Rights on September 29 of last year
that she had been threatened by the RUC officials. Rosemary Nelson lost
both of her legs and suffered extensive abdominal injuries in the blast
and died despite intensive medical efforts to save her life. Ms. Nelson
was a prominent Armagh County human rights attorney and was a defender
of the basic principles that this country has fought for during the
height of the civil rights movement and continues to fight for today,
the equality of mankind.
She died to enable our world to live more amply with greater vision
and finer spirit of hope and achievement. We impoverish her memory if
we forget the task at hand.
Mr. Speaker, I appreciate the opportunity to address the House and
ask for passage of this legislation.

[[Page H2170]]

Mr. CROWLEY. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I thank the gentleman from New Jersey for all his work
for all concerned not only in Northern Ireland and around the world,
but particularly for his work and his effort in the north of Ireland.
We thank him.
Mr. Speaker, I yield 4 minutes to the gentleman from Massachusetts
(Mr. Neal).
(Mr. NEAL of Massachusetts asked and was given permission to revise
and extend his remarks.)

{time} 1615

Mr. NEAL of Massachusetts. Mr. Speaker, let me begin by commending
the gentleman from New Jersey (Mr. Smith) and certainly the gentleman
from New York (Mr. Gilman), the gentleman from New York (Mr. Crowley)
and the gentleman from New Jersey (Mr. Payne) and people who have been
so faithful to this cause for so long.
For the better part of two decades I have been immersed in the
details of what life is like in Northern Ireland, particularly for the
nationalist community, and we are reminded today that this conflict
represents the longest standing political dispute in the history of the
Western world.
Once again, on occasions like this we are also reminded that it is
the United States that lights the way for hope in terms of man and
womankind. It is the United States, and its ability to shed light on
inequities and injustices in other parts of the globe, that calls
attention to events like the murder of Rosemary Nelson.
I had the opportunity to meet Rosemary Nelson, and I can say that in
an unbridled manner she was the champion of the rights of the
nationalist community to stand in front of a court system that they do
not always trust, but nonetheless to be treated in a manner that was
fair and equitable.
The killing of Rosemary Nelson reinforces my belief and the belief of
millions of Americans that the criminal justice system in the north of
Ireland, including policing, is in need of dramatic change and indeed
reform and perhaps even abolition.
Just last week, the United Nations' special investigator released a
report that raises serious questions about the professional integrity
and independence of the Royal Ulster Constabulary. The report documents
cases of collusion between the RUC and the paramilitary groups.
Let me picture this for the American people: The policing
organization tips off members of the paramilitary loyalist groups who
then, once the individual is fingered as a suspect, is not only subject
to verbal intimidation and harassment, but as is the case of Rosemary
Nelson, one may well be murdered for their beliefs.
It draws attention to the fact that solicitors who choose to
represent individuals in the nationalist community, like Rosemary
Nelson and another friend of mine through his family, Pat Finucane,
were always the targets of harassment and intimidation by the Royal
Ulster Constabulary.
Following the recommendations of organizations such as the British-
Irish Watch, Amnesty International, and the Lawyers Committee for Human
Rights, the U.N. Special Investigator demanded independent judicial
inquiries into the deaths of Rosemary Nelson and Patrick Finucane.
Mr. Speaker, if we do not say something in this Chamber, if we do not
say something in the halls of this Congress, then typically these
events are brushed under the carpet. It is only the United States, in
its ability to call attention to these inequities, that in the end
causes us to travel down the path of what might be a satisfactory
system of justice.
Ireland is closer today than it has been at any time in this century
to the settlement of peace; as John Hume and Jerry Adams frequently
say, an agreed upon Ireland. That should be the goal of all of us. We
cannot have one part of the community, the policing organization, being
seen as being part of the occupying force, and expect the minority or
the nationalist community to accept that judgment.
It is people like John Hume and Jerry Adams who for the better part
of 30 years have stood for the rights of people in the nationalist
community, to ensure that when someone stands in front of a judge, that
they are not found guilty because of their religious beliefs or because
of their ethnicity. That is what Jefferson and Madison gave us in
America and that is what we ought to attempt, wherever we can, to
export to the rest of the world.
I must say that it will be the United States in the end that calls
attention to these injustices, that could lead to a conclusion of swift
justice to bring the perpetrators of the murderer of Rosemary Nelson
and Patrick Finucane to the bar of justice.
Mr. CROWLEY. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, without question, we must all condemn the murder of
Rosemary Nelson in the strongest terms. She was a remarkable woman who
fought for justice, human rights and respect for the law in the north
of Ireland.
I once again commend my colleagues, the gentleman from New Jersey
(Mr. Smith), the gentleman from New Jersey (Mr. Payne), and all the
sponsors of this resolution. The facts surrounding the Nelson murder
and investigation demonstrate the need for overall police reform in
Northern Ireland. Northern Ireland must have a police force that all of
its citizens, all of its citizens, can have confidence in.
The reason the RUC had to call in an independent investigator was
because they lacked credibility to conduct this investigation. The
degree to which lower level RUC officers were involved in the murder of
Ms. Nelson must be explored. We must have an independent entity direct
this investigation, which produces a public and transparent report,
finding out all the facts, all of the facts, behind the Rosemary Nelson
murder. It must be a prelude to radical and thorough police reform in
Northern Ireland and cannot have any substitute. I urge my colleagues
to support this resolution.
Mr. Speaker, I yield back the balance of my time.
The SPEAKER pro tempore (Mr. Pease). Without objection, the gentleman
from New Jersey (Mr. Smith) will control the time allocated to the
gentleman from New York (Mr. Gilman).
There was no objection.
Mr. SMITH of New Jersey. Mr. Speaker, I yield myself such time as I
may consume.
Mr. Speaker, I want to thank the gentleman from New York (Mr.
Crowley) for his good, strong statement and for his work on this
resolution.
Let me close very briefly. British justifications for not having an
independent inquiry were further undercut by the Northern Ireland
Independent Commission on Police Complaints, which expressed doubts
that the RUC could objectively address Mrs. Nelson's earlier
allegations of police harassment and threats.
The commission, after initially watching the RUC's investigation of
itself, concluded that the RUC did not inspire confidence. The
commission noted the need for independence and referred the matter to
the metropolitan police in London for investigation even before Mrs.
Nelson's tragic murder.
That referral report has leaked out since Mrs. Nelson's murder, and
it is a scathing indictment of the RUC and its indifference to her
safety. For example, the report says that of the RUC officers involved
in the investigation, that there was, ``observable hostility,
evasiveness and disinterest. One officer attended the interview 45
minutes late without explanation and smelled of alcohol.''
It is time now to act independently, to encourage real independence
in this investigation and Pat Finucane and for protection of all the
defense attorneys in Northern Ireland. That is why this resolution
sends that clear message to the British.
Mr. Speaker, I yield 2 minutes to the gentleman from Connecticut (Mr.
Gejdenson).
Mr. GEJDENSON. Mr. Speaker, I want to commend the gentleman from New
Jersey (Mr. Smith), the gentleman from New York (Mr. Crowley), the
gentleman from Massachusetts (Mr. Neal), and others who have been
working on this for some time.
For those in this country that have come to expect a judicial system
that is fair, that is honest, police investigations that we can put our
faith in, sometimes it is hard to understand when a country's entire
respect for law is adversely affected by concerns about

[[Page H2171]]

the honesty of investigations and police activities.
This Congress time and time again has led the fight for fair justice
for all citizens of every country. That is what we are doing here
today. Again, I commend the gentleman from New Jersey (Mr. Smith), the
gentleman from New York (Mr. Crowley), and in particular my good
friend, the gentleman from Springfield, Massachusetts (Mr. Neal), for
the efforts they have made fighting for justice here again.
Mr. ROTHMAN. Mr. Speaker, last week, during consideration of the
State Department reauthorization bill in the House International
Relations Committee, I rose with Congressman Menendez to present an
amendment to that bill. Its purpose was to ban the further training of
members of the Royal Ulster Constabulary by the FBI at their National
Academy in Quantico, Virginia. There were many reasons why we
introduced that amendment, but one of the most compelling was the
suspicion of RUC complicity in the assassination of Rosemary Nelson.
Accusations of RUC support for the murder of Catholic leaders
abounds. Rosemary Nelson appeared before the International Relations
Committee and testified that she had received death threats from
members of the RUC.
The U.N. Special Rapporteur on the Independence of Judges and Lawyers
has found that the RUC is engaged ``in activities which constitute
intimidation, harassment, [and] hindrance'' of defense lawyers [in
Northern Ireland] in the course of their professional duties. He also
labeled the RUC's intimidation of defense lawyers in Northern Ireland
as, and I quote, ``consistent and systematic.''
This is not acceptable. There must be an independent investigation
into the murder of Rosemary Nelson to determine who is responsible.
Those who are responsible must be brought to justice. If members of the
RUC are confirmed to have been involved, the RUC should be disbanded
and a new police force created.
Mr. Speakers, Northern Ireland needs a police force for all the
people. Defense attorneys in Northern Ireland must be protected so that
they can do their jobs. I support H. Res. 128 and I urge my colleagues
to do so as well.
Mrs. McCARTHY of New York. Mr. Speaker, I rise in support of House
Resolution 128, a resolution which condemns the brutal murder of
Northern Ireland human rights lawyer Rosemary Nelson and calls for an
independent inquiry into her death.
Ms. Nelson's murder was truly a tragedy--a cowardly act by those who
are enemies of peace and justice in Northern Ireland.
Rosemary Nelson spent her life trying to help others. She was a
champion of human rights worked tirelessly to protect ensure these
basic rights for her fellow countrymen. Ultimately, she was killed
because of her work.
We must not allow her death to be in vain--we must not allow the
enemies of peace to win. We have all worked too long and hard to
achieve peace and the people of Ireland deserve no less.
Today, I join with my colleagues and call for an independent
investigation into the death of Rosemary and all human rights attorneys
in Northern Ireland who have lost their lives in the pursuit of helping
others.
We owe it to the memory of these courageous individuals--and we owe
it to the cause of peace and justice, both in Ireland and throughout
the world.
Mr. SMITH of New Jersey. Mr. Speaker, I yield back the balance of my
time and urge a ``yes'' vote.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from New York (Mr. Gilman) that the House suspend the rules
and agree to the resolution, House Resolution 128, as amended.
The question was taken.
Mr. SMITH of New Jersey. Mr. Speaker, on that, I demand the yeas and
nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the
Chair's prior announcement, further proceedings on this motion will be
postponed.

____________________