Victims of Libyan-sponsored IRA Terrorism: Compensation

James Cartlidge Excerpts

Tuesday 13th September 2016 Westminster Hall

[James Cartlidge (South Suffolk) (Con)]

I beg to move,

That this House has considered compensation for victims of Libyan-sponsored IRA terrorism.

It is a pleasure to serve under your chairmanship, Ms Ryan. It is a great honour to bring forward this important debate on long-overdue compensation for UK victims of Libyan-sponsored IRA terrorism.

To set the scene of why this is such a critical and important debate, I first want to make a hypothetical case. Imagine if, in the coming weeks, the media were to report that there was strong evidence of the involvement of a sovereign state in the recent outrages in France. Imagine if we were to read that there was firm evidence that another country—not just the so-called Islamic State—had trained the lorry driver for the attack in Nice or had supplied the Kalashnikovs and the bombs for the attack on the Bataclan. There would be international outrage. Although that is hypothetical, the victims and their families in this case have had to live with such a reality for many years: throughout decades of IRA terrorism and murdering of people in this country, the weapons and explosives used were willingly and knowingly supplied by the regime of Colonel Gaddafi in Libya.

Two key and timeless principles are at stake here. The most obvious is justice. Quite simply, we wish to obtain compensation for the victims of this terrorism as a way for them to get accountability from Libya, and for Libya finally to pay for its role in those actions.

The other principle is fairness. For me, the most extraordinary fact of this whole issue is that compensation has been paid, but to citizens of countries other than the one where the murders were committed. Of course, this is a long-running campaign. These outrages happened many years ago and the victims and their families have been waiting many years for justice. It is no surprise that, in that time, many of the arguments have been made time and again, but I happen to think there is good reason to look at the issue that I am discussing again.

Before doing so, I pay tribute to the work of the Select Committee on Northern Ireland Affairs, which is chaired by my hon. Friend the Member for Tewkesbury (Mr Robertson), and which has an ongoing investigation into the matter. I pay tribute to the debate about the docklands bomb called by the hon. Member for Poplar and Limehouse (Jim Fitzpatrick), who is my friend, which I attended and at which he argued most passionately. I also pay tribute to the Bill to do with asset freezing currently going through the other place, which was brought by Lord Empey.

There is a lot going on and there have been many debates, but there are three key reasons why we should be looking at this issue again today. First and foremost, it is to seek an important update from my hon. Friend the Minister about what is happening in Libya. When he appeared before the Committee chaired by my hon. Friend the Member for Tewkesbury, he spoke of the fact that the Libyan Deputy Prime Minister will be setting up a new committee to look at the issue. It will be interesting to hear whether there have been any developments. We are hopeful but, of course, realistic and aware of the difficult situation that pertains in Libya at the moment with the civil war and so on.

Secondly, under the chairmanship of my hon. Friend the Member for Romford (Andrew Rosindell), we parliamentarians have formed a campaign group to represent victims and their families. Many of its members are here today, including myself, and I am delighted to see them. We will continue to fight for justice for those victims, whatever happens and whatever the Government do.

Thirdly, the most important and timely point is that on Friday the House of Representatives in America voted unanimously, as did the Senate in May, to pass into law a Bill known as JASTA—the Justice Against Sponsors of Terrorism Act; it will empower private citizens of the United States to sue those involved in state-sponsored terrorism. In my view, the fact that that was passed unanimously in Congress throws open the whole issue of state-sponsored terrorism and its relation to individuals and their ability to seek redress through the courts and likewise.

[Mr Gregory Campbell (East Londonderry) (DUP)]

I congratulate the hon. Gentleman on securing this timely debate. He is alluding to the recent American experience. Does he agree with me that, although there is a fundamental issue of restitution and compensation, alongside that is an issue of sending an international message to nation states across the globe that there is no escape from their responsibilities if, at any stage in the past, present or future, they finance international terrorism? That is the message that needs to come across from the debate.

[James Cartlidge]

I strongly agree. The point we are trying to put across is that the past catches up with those who perpetrate these vile acts. I am told by the Minister that the President of the United States has vetoed that Bill. It remains to be seen what will happen because, as I understand it, Hilary Clinton has pledged to support it. It seems hard to believe that the Bill is going to go away quietly, given that the biggest act of terrorism in the history of the west and the biggest attack on US sovereign territory since, I believe, Pearl Harbour, is involved.

After all, it must be remembered that cases against Saudi Arabia have been ongoing for years. The whole point of the Bill was to enable those litigants to overcome the issue of immunity. I personally think the Bill will come back and that we need to be cognisant of that. The hon. Gentleman’s important point was well made and I think it encapsulates that, when states support terror, justice eventually catches up with them. We are here to ensure that that is the case.

It will be helpful if I explain my personal involvement with this issue. I was elected last May as the Member of Parliament for South Suffolk, and that summer I met one of my constituents, Charles Arbuthnot, who is a campaigner on this cause and whose sister, as a 22-year-old WPC serving her country on the frontline early in her career, was murdered in the Harrods bomb attack with explosives supplied by Libya. He is one of the key campaigners.

In the months afterwards, Charles and I exchanged letters, and I wrote to the Minister many times about the subject to probe a key point. I had been surprised, being new to the subject, unlike many hon. Members here, to hear from the Minister that a US citizen who had been caught up in the same bombing that had so brutally slain my constituent’s sister had been compensated. To me that was quite extraordinary.

I wrote to my hon. Friend the Minister and we had a long exchange of letters about it. I was shocked to discover, when looking back over all the debates on the subject, that the assumption, including by many hon. Members sitting here, was that the Government were aware of that compensation—it was a given—but that there was never any formal recognition of the fact that it had been paid out. I should say that my hon. Friend cares strongly about this issue, has served in Northern Ireland and will do all he can to help; there may be, shall we say, institutional issues at stake, in terms of the Department and successive Governments.

Finally, in March this year, I received a letter from my hon. Friend the Minister in which he referred to the deal made between the US and Libya, saying:

“Whilst the Commission did award compensation to a victim of the Harrods bomb, it is not possible to determine who the recipient was.”

He then went on to talk about whether that sets a precedent, which I think is absolutely key to this. He said:

“In future engagement with the Libyan Government, it may help us to mention that Libyan money has already been used to compensate victims of Qadhafi-inspired IRA terrorism. On the other hand, the Libyans may claim that Qadhafi made the decision to make payments to the US and that the decision to include US victims of the Harrods bombing within these payments was a US and not a Libyan one. They may therefore argue that this does not set a precedent for any future payments for victims of Qadhafi-inspired terrorism.”

My view is that it absolutely sets a precedent. Quite simply, money was paid to the victims—that is the bottom line. That is what our victims are seeking, because they want their redress and their justice, just as the Americans have received.

[Lady Hermon (North Down) (Ind)]

I commend the hon. Gentleman for bringing forward this very important debate. Bearing in mind that the coalition Government took over in 2010, headed by the then Prime Minister the right hon. Member for Witney (Mr Cameron), does the hon. Gentleman share my disappointment, to put it lightly, that the British Government have not espoused the claims of the individual victims of Libyan-sponsored IRA violence? Instead they have insisted that individual victims should make their own individual claims. That is quite impossible for them. The simple solution is for the Government to do the right thing and to espouse their claims.

[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 ---

[Joan Ryan (in the Chair)]

Without singling anybody out, I should say that all the interventions have been quite lengthy. Interventions need to be short and to the point.

[James Cartlidge]

Thank you, Ms Ryan. I am coming to my concluding point of substance. I share the sentiments just expressed about all the efforts up until now. I am well aware, as a new MP, that much water has passed under the bridge.

The point in respect of the United States Congress is their proactivity in really supporting their victims. In January 2008, the US Congress passed the annual National Defence Authorization Act, which is the omnibus Bill through which it funds its military commitments every year. In 2008, special provisions were added, allowing victims of state-sponsored terrorism to collect court judgments from terrorism-sponsoring states by seizing their assets. When that happened, Gaddafi immediately realised he was looking at a fairly substantial bill of several billion pounds, which led to the settlement that capped the liability. From that amount, the money was paid out that eventually led to compensation for the victim in Harrods to whom I referred.

It is incredibly important to reflect on the fact that the measures taken in America are not gesture politics; they lead to real action. In fact, JASTA was passed precisely because those civil litigants were running up against a brick wall of immunity, and Congress passed the Bill to help them go further. I am not commenting on whether Saudi Arabia has any implication at all. It is the principled point of proactive support.

The Government can do more. The key channel here is communication with Libya and trying to reach a deal, which I fully support and understand. In the Northern Ireland Affairs Committee, the hon. Member for Belfast East (Gavin Robinson) talked about aid. We have a huge aid budget in this country. We are going to be spending a lot of money on aid in Libya, as I understand it.

Conditionality was also discussed in that Committee. Although I am not suggesting we should involve that now, if we see no progress, that may be something we can look at. We have the power to influence transparency. I would like to ask the Minister whether there is any way we can have clearer communication, particularly for the victims—for example, a dedicated section on the Foreign and Commonwealth Office website periodically informing us what is happening with the committee out in Libya and in this dialogue.

We do not expect dramatic things immediately, though we hope for them. We are aware of the reality of the position in Libya. I simply make the point that a contrast is now apparent to us, particularly given what happened in America on Friday, when it comes to the approaches of two supposed allies in the war on terror.

I conclude with a quote from Senator Chuck Schumer of New York in May, during the passage of JASTA. He said:

“The fact that some foreign governments may have aided and abetted terrorism is infuriating to the families if justice is not done. That is what they seek—justice, justice, justice.”

I would add that if families in other countries get justice and ours do not, ours also want fairness, fairness, fairness.

[Several hon. Members rose—]

--- Later in debate ---

[James Cartlidge]

This has been an excellent debate. I thank all hon. Members, from all parties and all parts of the United Kingdom, for participating. In this short time, I will highlight some of the key points made. Different proposals have been made on the subject of assets. The hon. Member for North Antrim (Ian Paisley) talked about payment in lieu. The key thing, as my hon. Friend the Member for Romford (Andrew Rosindell) mentioned, is Lord Empey’s Bill, which unless I have misunderstood—I will check Hansard tomorrow—we will have Government time to discuss. We would be grateful if that Bill could be debated fully in the House of Commons so we can explore the details. I welcome that.

On the subject of aid, I agree with the hon. Member for Belfast East (Gavin Robinson). To me, it is hard to defend paying large amounts of aid to Libya without any discussion of compensation. We should pursue that point. On Tony Blair, we would all like to see him before the Committee; I think that is unanimous. We want to discover what happened in those negotiations. It is a mystery to us, and we hope to explore it.

The Minister asked how we might determine how much compensation is due. As I understand it, in the US-Libya deal in 2008, a tariff was set up for the victims. Otherwise, how would payments have been awarded? It was not done on a random throw of the dice, so there is a precedent in the US for the people of the United Kingdom. The point is that compensation was paid—in some cases, millions of pounds. Either way, there is a precedent. That is what we should look at, and it is a key point in this debate. Compensation has been paid, and we want it for our victims in this country.

Motion lapsed (Standing Order No. 10(6)).