Victims of Libyan-sponsored IRA Terrorism: Compensation

Gerald Howarth Excerpts

Tuesday 13th September 2016 Westminster Hall

[James Cartlidge]

I believe that my hon. Friend the Member for Tewkesbury, the Chairman of the Northern Ireland Affairs Committee, will be looking in detail at the issue of espousal shortly. If we go through all the documentation over the years, it is striking how there was a distinct change in tone around 2010. Let us be quite open about it—until then, the Government were proactive; they wanted to help and wanted to fight for justice. After that time, we kept getting the same line: “This is a private matter, but we will facilitate.” That has been the line ever since, and it has almost never changed. Even if we took that as the Government position, more can be done, but I will come on to that.

In terms of the precedent, if no money had ever been paid to anybody, there would still be a campaign, but I dare say it would be slightly easier for those campaigning to live with that and swallow it. If the money had been paid to a country such as Russia that had some deal with Libya, we might not be so surprised. However, the fact that money was paid to a citizen of the United States—our closest ally, with whom we stood shoulder to shoulder in the fight against terrorism—and that they hatched a deal in which they got paid off and our citizens, murdered in their own country, got nothing, remains a disgrace and a shame to this day. That is why we fight on this issue and why I will continue to do so.

[Sir Gerald Howarth (Aldershot) (Con)]

As my hon. Friend knows, I represent Aldershot, and we were the victims of a response to what happened in Londonderry on 30 January 1972. IRA terrorism burns deeply in the resentment in Aldershot. He talks about people receiving nothing, but some people were compensated. I had a chat with our noble Friend Lord Tebbit, whom everybody knows suffered horrendously; his wife suffered even more horrendously than he did. He has been compensated, but the level of compensation was very pitiful indeed. It is a question not simply of those who have received none, but of those who have received some compensation being adequately compensated. I wholly support what my hon. Friend is doing.

[James Cartlidge]

It is a pleasure to receive an intervention from my hon. Friend. I agree with him, of course. I am not sure whether the money in that case came from Libya or from a state sponsor, so I honestly cannot comment on that point. Obviously, we want to see all victims compensated, not only in terms of accountability and the balancing of the scales, but because they will have injuries and so on and will need to use that money to support the quality of life to which they frankly are entitled.

I mentioned the actions of the United States. Despite the news in respect of the President, it is important to read the purpose of JASTA, which was passed unanimously:

“The purpose of this Act is to provide civil litigants with the broadest possible basis, consistent with the Constitution of the United States, to seek relief against persons, entities, and foreign countries, wherever acting and wherever they may be found, that have provided material support, directly or indirectly, to foreign organizations or persons that engage in terrorist activities against the United States.”

The phrase “broadest possible basis” is incredibly powerful. I am not talking about the Minister individually, because I know he feels strongly about this issue, but many hon. Members here will think that at times, it has been the narrowest possible basis for the Government here, with them looking not at what we can do but at the reasons why we cannot do the things that campaigners are pressing for.

--- Later in debate ---

[Mr Ellwood]

We need to make a powerful case that there was clearly state-sponsored terrorism, with devastating effects in Northern Ireland. I will continue to make that case in New York next week, but I will also do so in further meetings as relationships with Libya become stronger.

Frozen assets have been mentioned several times. If we dip into the frozen assets based in this country, where would that take our relationship with Libya as a whole, when we are about to have the very conversations that my hon. Friend just mentioned? We need to be careful. I pose some difficult questions to the House. How much would we take? To whom would we give the money? How would we distinguish between somebody injured by Semtex, where it is very clear—Semtex has a footprint that can be identified because of the way it is made by hand—and somebody injured by ammunition provided by Libya? These are difficult questions that those involved in compensation need to start thinking about.

Were we ever to get any form of compensation from Libya, I suspect that we would need to get our heads around the idea that it will be a single sum that is slid across the table. It will be for the victims’ organisations to assess how the compensation is divided up, as those in authority in Libya would not want to be involved in the detail. I share that now because these are awkward, difficult questions.

One Member talked about the mental scars that have been caused. People who have not necessarily come forward yet are subject to these issues, which raise difficult questions. When we speak about frozen assets and so forth, let us also ask ourselves exactly what the mechanisms will be if we go down that road—let us do the homework—so that we are prepared if such questions are asked of us.

However, I do not want to raise any expectations at all. Ultimately, we still need to convince the necessary authorities that they will speak for what a previous Government under Gaddafi did by putting their hand up and saying that they sponsored terrorism through the IRA. I am also aware that a private Member’s Bill is coming through from the Lords—my hon. Friend the Member for Romford might be involved in that as well—so we will undoubtedly explore such issues in due course.

On asset freezing and Brexit, as I said, maybe I can write to the hon. Member for North Down in more detail, but the issues are subject to myriad regulations, some of which involve the EU, from which we might be liberated if article 50 passes. Nevertheless, the reputation of the City of London is also involved, which is significant as well. If we are seen to dip into assets, where does that place Britain as a safe place to do business? Morally, we might say, “Absolutely. Let’s go down this road and take those assets.” I simply suggest that there will be consequences if we do so.

[Sir Gerald Howarth]

Surely there is a simple solution. We are masters of our own destiny—even more so after Brexit. Let us just pass a Bill. This House is sovereign; we can write our own laws.

[Mr Ellwood]

As I said, that is an option that we can consider, but it has severe consequences, which is why I would not recommend it when we are about to embark on discussions. If there is any whiff that we are about to dip into frozen assets to the tune of £9 billion, where will that take our relationship with Libya? There would be consequences. I will make it clear: our objective is to gain compensation, but our strategy to gain that compensation should take us to the best possible place, rather than making us enemies along the way.