Piracy (Somalia)

Eric Joyce Excerpts

Thursday 14th June 2012 Westminster Hall

[Eric Joyce (Falkirk) (Ind)]

I commend the hon. Member for Croydon South (Richard Ottaway) on his excellent report. I am not a member of the Committee, and I will not detain the Chamber for long, but I was interested in the recommendation in paragraph 27 of the Government’s response:

“We conclude that the Government should not pay or assist in the payment of ransoms but”—

crucially—

“nor should it make it more difficult for companies to secure the safe release of their crew by criminalising the payment of ransoms.”

As the hon. Gentleman said, the Chamber of Shipping sent a strong briefing to hon. Members here and elsewhere. There are many acronyms, concepts and ideas involved in the debate about using armed guards, the payment of ransoms and so on, and there have been recent examples of people being taken captive for a ransom elsewhere in the world on land and at sea. It is self-evident that if someone demands a large amount of money for a loved one, and that they will be killed or executed if it is not paid, everyone would want to avoid that.

The taskforce’s general direction of travel on ransoms, announced on 31 May, was to reduce or constrain payment—although I may be wrong, and a Minister may correct me. It is most unlikely that anyone could convince foreign Governments not to pay, and not to assist or facilitate payment. Indeed, there are examples of foreign Governments—it is probably best not to say which ones—possibly making payments, and certainly of Governments facilitating payments. Even if the UK obtained agreement from some members of the taskforce, it is most unlikely that the payment of ransoms would stop. Pirates would still be attacking ships and taking people hostage. They would not be taking people hostage on the basis that their country was one that would facilitate a ransom payment. The risk is that we could end up with a two-tier situation, and some people would be released eventually. As the hon. Gentleman said, Judith Tebbutt was released after payment of a $1 million ransom, and it was reported that someone, perhaps even a news agency, helped to pay £500,000 for the Chandlers. A sad recent example was a Scotsman, Khalil Dale, who was kidnapped in Pakistan. There was evidently and clearly a financial imperative in the demands of the people who kidnapped him, and his employer, the International Committee of the Red Cross, said that its policy, as the Government suggested, was not to pay ransoms.

There is a distinction between a Government who make a political policy decision not to pay ransoms, and an employer. For many different reasons, and given the scale of their work, the Government’s exposure to risk is far greater than that of any employing organisation, and seafarers belong to the latter group. It therefore seems quite improper to constrain employers who may have seafarers at sea from paying ransoms in cases when they could get someone released.

People are held in Somalia, having been captured off the coast. For example, MV Iceberg 1 is still being held; two people are dead and others have been held for more than 800 days. We know that the longer it takes to get a ransom paid the longer people are held in captivity, and that when a ransom is paid, they are likely to be released. Few UK citizens have been affected.

[Martin Horwood (Cheltenham) (LD)]

The hon. Gentleman goes to the heart of the knotty moral problem of paying ransoms. Is not the problem that although paying a ransom may well save the life of an employee or a loved one, it encourages the taking of hostages and the risking of other people’s lives? Indeed, it pays for that to be facilitated. Surely we must encourage shipping companies, and others, to take a firm stand against the payment of ransoms.

[Eric Joyce]

The hon. Gentleman describes the point that we all regard as central to the question. Paying ransoms may encourage pirates, but my instinct is that pirates in Somalia are looking not at the policies of international Governments but at the fact that it is possible to get a ransom payment. I greatly doubt that Governments across the world will agree not to facilitate ransom payments. Indeed, I can list—we all can—the Governments who are highly likely to encourage the facilitation of ransom payments. Therefore, if we say that we will discourage such payments, British citizens will be affected but no one else. It is true that the UK has considerable influence because of its importance in the maritime industry and the presence in the UK of the International Maritime Organisation, but it is highly unlikely that other countries would agree not to pay ransoms.

If there was a billionaire whose daughter had been captured and was about to be shot, and there was a £2 million ransom, would they pay it or would they say, “No, I don’t think I will because it’s just going to encourage others.”? Of course they would pay it. If people are discouraged from taking up kidnap and ransom insurance, the risk is that we will end up with only rich people being able to secure their safety. We know of one or two cases, including that of Judith Tebbutt who luckily was able to secure a large amount of money—$1 million—to secure her freedom. If no kidnap and ransom insurance is paid, other employees will be at considerable risk of exposure.

The case of Khalil Dale in Pakistan is relevant, if perhaps only tangentially. The non-governmental organisation in question was described as “brave” for taking a decision that led inevitably to Khalil Dale’s death. I did not regard that as brave. I thought it was a businesslike decision that, in the worst case, saved the organisation money because kidnap and ransom insurance is expensive. Commercial companies can build insurance into their expenditure and planning assumptions, and it seems a bit too easy for employers to say, “Well, the Government say that this is the best thing to do.” If someone who works for an NGO is unfortunate enough to get captured and a ransom is not paid—imagine, for example, someone on land in Somalia—they are much more likely to be held for many months, or even killed. If they are lucky enough to be employed by an organisation that has paid kidnap and ransom insurance, there is a strong chance that they will be released. That is the realpolitik of the matter.

In conclusion, we should be cautious about assuming that just because we say, “This is a jolly good thing”, everybody else will agree. If we decide to discourage, or in the worst case, make it unlawful to pay kidnap and ransom insurance, employees—the people about whom organisations must be concerned—will be exposed to much greater risk. That is why in this dilemma I come down strongly on the side of paying kidnap and ransom insurance, and I think NGOs ought to do that as well.

--- Later in debate ---

[Martin Horwood]

I cannot predict the future, but the fact that Mogadishu is now an overwhelmingly secure city, which was far from true only a few years ago, and that the Foreign Secretary and International Development Secretary can visit cities such as Mogadishu with a degree of confidence about their personal security is a quite dramatic shift, as I am sure that the hon. Gentleman would acknowledge. I do not say that securing a military solution is the only path forward, but the fact that African Union troops and others have made enormous sacrifices, displayed great courage and secured a large amount of territory should not go unnoticed.

There is also progress in the sense that areas of the internationally recognised territory of Somalia—mainly, in practice, self-governing areas such as Somaliland and Puntland—have achieved a reasonable degree of peace and security. The Government have shown wisdom in promoting a flexible attitude to territories such as Somaliland. The creation of the Somaliland Development Corporation, which the Government supported earlier this year, is a positive development. Trying to exploit the economic potential of the relative peace of areas such as Somaliland is a practical contribution to the provision of an alternative economic model to the chaos and piracy prevalent in other parts of the Somali territory. It is exactly right that the Department for International Development is prioritising development on the ground and the provision of economic alternatives to people in Somalia.

The convening of the London conference earlier this year was an important step, not just in relation to tackling war and conflict in Somalia and getting a co-ordinated regional approach, which the Select Committee asked for, but in making concrete contributions to progress on anti-piracy initiatives, including some things that have been mentioned: the taskforces on ransoms and the wonderfully named—let me get it right—Regional Anti-Piracy Prosecutions Intelligence Co-ordination Centre. I am sure that Hansard will report that I got that fluently right. The substantial financial commitment that the Government have made to RAPPICC is welcome, and we have provided its first director, Garry Crone. That support is welcome and exactly the kind of lead in international co-ordination that the Select Committee asked for.

On ransoms, Her Majesty’s Government’s instinct is exactly right. Briefings from non-governmental organisations such as Saferworld, which has talked to civil society in Somalia, make it clear that the economic model of piracy brings, in some cases, the most effective wealth provision into the local economy. If we can disrupt that business model and suggest that a peaceful, normal economy and society would be a more profitable way to develop—as we would obviously hope—we will have some chance of defeating the root causes of piracy. If we continue to fuel the ransom economy and pay money, that will be a massive incentive for Somalis to continue with piracy and to allow it to spread. If, as the right hon. Member for Tonbridge and Malling (Sir John Stanley) said, risk and reward are so imbalanced, why would piracy not spread down the coast of Africa? Why would not that model be emulated in other parts of the world?

[Eric Joyce]

Does the hon. Gentleman not think that the thing for a responsible employer to do, if two dozen employees are captured and a ransom is demanded—they may well be executed—is to pay it, as opposed to the view of NGOs, which appear on the whole to want to leave them to die?

[Martin Horwood]

No. I think that paying is profoundly irresponsible. There are even more extreme cases than that of an employer. It is difficult to tell someone whose loved one has been kidnapped—it would be difficult for me if one of my loved ones had been kidnapped—and other members of the family, “You should not pay.” That is a terribly difficult thing to say to someone, face to face. However, in the bigger picture, people are kidnapped because other people have paid ransoms, which paid for the boats and mother-ships and the lifestyle of the pirates that makes future ransoms, kidnaps and piracy much more likely. We must try to disrupt that business model. Trying to find a simple military solution is only half the answer. I am afraid that I think that the Government’s instinct is right.