Mau Mau Claims (Settlement)

Douglas Alexander Excerpts

Thursday 6th June 2013 Commons Chamber

[Mr Douglas Alexander (Paisley and Renfrewshire South) (Lab)]

May I thank the Foreign Secretary for his statement and for advance sight of it? However, may I begin my remarks by asking him about a procedural point: why, given a Minister’s obligation to the House and the importance of this announcement, were the details, including the wording of the statement of regret, the scale of the quantum agreed and details of the legal background to the settlement, all provided to the newspapers yesterday before they were to the House of Commons today? A full report appeared on The Guardian website at 6.42 yesterday evening and on The Times website at 7.30 yesterday evening. I hope that in his response the Foreign Secretary will offer the House a candid explanation as to why that occurred.

Let me turn to the substance of the matter in the Foreign Secretary’s statement. First, may I place on record the cross-party consensus that exists on this issue and offer my support for the Foreign Secretary’s efforts in seeing a legal settlement being agreed? Much has already been said of the suffering on all sides that lies at the heart of today’s announcements. On 20 October 1952, Governor Baring signed an order declaring a state of emergency in Kenya. The violence that followed, carried out by both sides in the conflict, has been well documented, not least thanks to the brave and tragic testimony of many survivors who lived through it. As the Foreign Secretary said, there were hundreds of casualties among the British soldiers, police and officials, but during the period of emergency in Kenya most of the victims and casualties were Kenyan, with many thousands of Mau Mau members killed, and thousands more imprisoned and displaced. It is therefore right that the Foreign Secretary recognised the challenges and dangers that British personnel in Kenya faced at that time, but the mass detention camps, the forced resettlement and the levels of brutality that characterised that period in Kenyan history must also be recognised. The numbers of dead and those not accounted for is, of course, still debated, but I think there is broad consensus in all parts of this House that the scale of the suffering was profound and deeply regrettable.

That is why I welcome today’s statement by the Foreign Secretary and want to echo his words acknowledging that Kenyans were tortured and mistreated by the colonial administration. I also want to support further today’s expression of deep regret and unreserved condemnation of those actions. The British Government are right to reflect on our country’s colonial past, not simply because the legacy of our past is still being felt today, but because we must look to history, learn its lessons and use them to help chart a course going forward. All parts of this House share an interest in seeing this issue resolved, which is why today I wish to put on record my support for the right hon. Gentleman’s work over recent months to press for a fair resolution as Foreign Secretary.

So we support the announcements made today in the Foreign Secretary’s statement, but I seek his clarification on a number of issues that arise as a result. First, could he confirm to the House which departmental budget is funding the £19.9 million of which he spoke, which makes up the full and final settlement announced today? Will he also set out what meetings his Department has had with representatives of the Mau Mau claimants, and could he update the House as to their collective view of and response to today’s announcement? Indeed, will he further explain what he anticipates will be the response of the Kenyan Government, in particular, to today’s announcement?

The British Government must continue, of course, to be categorical in their condemnation of torture and ill treatment, which are abhorrent violations of human dignity. It is right that current and future relations with Kenya are not overshadowed by the past. So, along with the Foreign Secretary, I hope that today’s announcement will encourage even stronger ties between our two nations going forward, despite, but not ignoring, our shared and, at times, troubled past.

[Mr Hague]

I am grateful to the right hon. Gentleman. I agree that the cross-party approach is important. These claims were first made in 2009, under the last Government, and the last Government decided to contest them in the courts. That was the right decision, because all of us together contest the liability of British taxpayers in the 21st century for what happened under colonial administrations. However, we are also right to support this settlement together, because it is the best outcome all round for both the British taxpayer and the claimants. Many of the claimants are of course very old, and further protracted legal proceedings would not necessarily be in their interests.

The right hon. Gentleman asked, quite rightly, about reports in the press. As I think he and the House recognise, I am an enthusiast for announcing things to Parliament. While I am not in a position to point a finger of accusation at anyone, I note that, in view of the nature of the settlement, information about it had been circulated beyond the Government before today. I also note that some of the figures given in newspaper reports are different from the figures that I have given today, and have clearly not come from the Foreign Office. However, the right hon. Gentleman was absolutely right to make the point that such announcements are best made to Parliament in the first instance. He was also right to join in the sincere regret that the Government have expressed: it will mean a great deal in Kenya that regret has been expressed by the Opposition as well as by the Government.

Let me turn to the specific questions that the right hon. Gentleman asked. The claim will not be met by any departmental budget; it is a claim on the Treasury reserve. That is what the reserve is for—to provide lump sums that cannot be anticipated or budgeted for.

The right hon. Gentleman asked what meetings the Government had had. This matter has been a subject of legal proceedings for four years, and the meetings that have been held with the aim of reaching a settlement have taken place with the lawyers of the claimants. From that it can be deduced that the claimants are happy with the settlement. Certainly the lawyers have expressed satisfaction on their behalf.

The Kenyan Government called for a settlement, and it is now for them to react to this settlement in whatever way they wish, but I hope that they will welcome it. The British high commissioner in Nairobi has met the Kenyan human rights commission and representatives of the Mau Mau in recent weeks, and, as I said in my statement, he will be speaking to Mau Mau veterans today, in particular about our plans for a memorial. However, all the contact in London has been with the lawyers.

Let me say again that, like the right hon. Gentleman, I believe that stronger ties between our countries are very important. Kenya is an important partner of this country in trade and tourism, and also—this is particularly important—in countering terrorism and seeking stability in east Africa. We work with Kenya closely in trying to bring stability to Somalia, for instance. I hope that the settlement will make it easier for us to do all those things in the future.