UK Victims of IRA Attacks: Gaddafi-supplied Semtex and Weapons

Jim Fitzpatrick Excerpts

Thursday 14th December 2017 Westminster Hall

[Jim Fitzpatrick (Poplar and Limehouse) (Lab)]

It is a pleasure to see you presiding this afternoon, Mr Gapes. It is good to see the Opposition spokespersons in their places. I am very pleased to see the Minister, who is held in high regard across the House. We look forward to his response to the speech from the Chair of the Northern Ireland Affairs Committee, the hon. Member for South West Wiltshire (Dr Murrison). I commend his powerful critique of successive Government failures in this area, and the commitment his Committee has shown to trying to shine a light on the issue to get movement and justice for the victims who have been repeatedly, as he has ably described, let down. I am grateful to the Committee for its report and to the Government for their response, disappointing as that was.

I will be relatively brief, but I want to make a contribution primarily because in 1996 a bomb was exploded near Canary Wharf in what is now my constituency. Two people died, as described by the Chair of the Select Committee. Many were injured and many more were adversely affected by being made homeless and by the loss of business, employment and the rest. Local residents have been campaigning for compensation since that dreadful event. Indeed, the Belfast media yesterday reported:

“Tory grandee Lord Tebbit has led a delegation of IRA victims from across Great Britain to meet Home Secretary...in their quest for justice.”

Jonathan Ganesh was part of that delegation. Although he was seriously injured by the Docklands bomb—he is one of my constituents—he has tirelessly campaigned for other victims since then. For some, any solution will be too late. As the hon. Member for South West Wiltshire described, some victims were killed in the various bombings, and some have subsequently died because of their injuries. Jonathan, among many others, was supported by Mr Andrew Mackinlay, a former hon. colleague who still takes a great interest in these matters today.

The Northern Ireland Affairs Committee report covers the history of UK-Libyan relations since the bombing and discusses compensation options. It clarifies how frustrating the issue has been for the victims, who are still waiting. As the hon. Member for South West Wiltshire described, there have been several exchanges recently between parliamentary colleagues and the Foreign Office, specifically the Foreign Secretary, to try to move the issue on. The fact that there was a meeting yesterday with the Home Secretary and a meeting last month with the Foreign Secretary indicates greater Government interest, which is no doubt very much due to the efforts of the Northern Ireland Affairs Committee.

I want to highlight three misunderstandings that I think still exist between us, in the hope that it is helpful, but first I recognise the excellent work being done in the other place by Lord Empey and supporters to address this long-standing grievance. As the Chair of the Select Committee said, we hope that his sterling efforts might yet bear fruit. The three areas of misunderstanding that I wish to address, and hope that the Minister will comment upon, are: first, the power of the UK Government to take legal action against Libya; secondly, the ability of the UK Government to compensate victims until Libya can make good its debt; and thirdly, the shape of some of the compensation.

In discussion with the Foreign Secretary, colleagues from Northern Ireland expressed the view that there was a need for a new institution there to treat the serious health issues, especially mental health and trauma issues, faced by victims. I do not want to disagree with that—I see the hon. Member for Strangford (Jim Shannon) is here—and I do not know whether that is needed, but those parliamentary colleagues know their area much better than I. My point in respect of that as an issue for the Foreign Office is that it does nothing for my victims and is therefore not a complete solution.

The second point is whether the Government should fill the vacuum until the situation in Libya stabilises, after which we might be able to reach agreement on what is owed by whom. Again, that was raised by the Chair of the Select Committee. This would include the £9.5 billion of assets frozen in London and mentioned in recommendation 9 on page 5 of the report. What is most upsetting for victims is that other countries have secured compensation as outlined in the report, but our Government have not, as is mentioned in recommendation 12 on page 8.

That brings me to the third point of misunderstanding. Other countries have been able to secure payments from Libya. When we met the Foreign Secretary, I understood him to say that in the case of American victims, for example, the Libyans paid up under the threat of legal action—a threat that the USA then waived. Perhaps that is my misunderstanding of the discussion that we had with the Foreign Office, but the bottom line is that US citizens, and those of other countries, received compensation, whereas our victims are dying, or struggling to live, without any.

The correspondence of 20 November from the Foreign Secretary to parliamentary colleagues who attended the meeting mentioned by the hon. Member for South West Wiltshire clearly highlights the misunderstandings I have referred to. In the letter, the Foreign Secretary said:

“I was also pleased we were able to agree that…we should not call on UK taxpayer monies to establish a compensation fund…we concluded that UK Government discussions with the Libyans should focus on exploring the possibility of a fund to focus on community support, rehabilitation and reconciliation, and not on monetary compensation for individual victims”.

Colleagues who were at that meeting did not agree that we should not call on the UK taxpayer. The Government might think that it is not appropriate to do so, but some of us believe that it is. As for the focus on community support, some colleagues in Northern Ireland want some community support, as I mentioned, but that was not the focus for many of those representing mainland victims.

The Foreign Secretary went on to say:

“At our meeting, we discussed the feasibility of the UK using its veto in the UN Security Council…to prevent the unfreezing of assets until the Libyans had agreed to pay compensation to UK victims.”

He went on:

“The Foreign Office’s assessment is that it is extremely unlikely any other members of the Security Council would support such action to block the unfreezing of Libyan assets”.

I thought that the essence of a veto was that we did not need the other members of the Security Council. If the UK imposes a veto, it applies to everyone. That is one of the most powerful weapons that we have for reaching an agreement in our negotiations with the Libyans. I know that the Libyans say that we owe them money for other aspects of foreign policy, but it is a negotiation, and so far we do not seem to be entering into it.

Finally, the letter clarifies the position:

“In the US, an exception to the defence of dispositive foreign immunity was provided to enable victims to sue foreign States who are designated as being state sponsors of terrorism…the UK has no such exemption for state sponsored terrorism”.

The question that some of us were asking was why we do not have the same power in the UK, for our victims, as US citizens have for theirs. If that would take Government regulation, or legislation, I should think it would command support across the House.

In concluding I want to quote the words of Matt Jury of McCue Law, which has been involved with colleagues, in supporting the victims over many years. I think that what he says applies to the majority of those campaigning on the issue:

“Most of us involved continue to oppose the Government’s policy on this. The Government should be espousing the victims’ claims rather than obliging them to fend for themselves. The Government should be taking proactive steps to use the leverage it has to force a resolution. Payment of compensation directly to the victims is the only satisfactory resolution…Assessing victims’ eligibility for such compensation is no barrier and can be readily done. If Libya will not settle the victims’ claims now then, as recommended by the NIAC, the Government should do so in lieu and recover such monies itself from Libya at a later date. The Government should give further consideration to the use of its veto at the UNSC to prevent the unfreezing of assets until Libya has paid compensation.”

The campaign continues. There is renewed interest from the Foreign Secretary and Home Secretary, and the Government are demonstrating much keener interest in the issue than any UK Government have done for years; I hope that indicates that they are more interested than they were in a resolution, in spite of the misunderstandings I have mentioned—on which I do not place huge importance, because everyone can take different things from different meetings. I hope that the Minister can give us some encouragement and say that the report of the Northern Ireland Affairs Committee takes us further along the road.

--- Later in debate ---

[Alistair Burt]

Perhaps I can come on to the United States situation a bit later. Distinctions between types of victims are difficult, and I will come on to that a little later on. First, let me put something on the record in relation to our current policy. I recognise the force of today’s debate, of the conversations that the Foreign Secretary has had in my presence, and of the discussions that I have had as well. This is a difficult area of policy, and it may not be finally settled.

I would like to take the opportunity once again to express on behalf of the Government sincere condolences to all those who have suffered as a result of the horrific attacks carried out by the IRA, and to all victims of the troubles. The Government want a just solution for all victims of Gaddafi-sponsored IRA terrorism, and we will continue to do all we can to make progress on that important but difficult agenda. The Government have raised the plight of victims of Gaddafi-sponsored IRA terrorism with the Libyan authorities at the highest level. The Foreign Secretary raised their cases with Prime Minister Sarraj during both of his visits to Tripoli, most recently in August this year. I intend to follow up on those conversations when I next travel to Libya.

Between 2010 and 2013, when I travelled to Libya I always raised the issue of compensation because it was a live issue back then. I raised it with either the then Attorney General or the then Solicitor General in Scotland—I cannot remember which—whom I got to know in relation to this matter. It was always on the agenda in the period of time after the fall of Gaddafi. The Libyan Government were obviously in a state of flux at that time, which of course has continued, hampering all our efforts, but it was important to put the claims on the record right the way through, and I sought to do so.

The Foreign Secretary and I welcomed our constructive recent discussions with parliamentarians, and I have recently met with victims groups to discuss their thoughts and concerns face to face. I very much hope that we can continue to engage openly and frankly, and I am sure that we will. That will give us the best possible chance of securing justice for the victims of these terrible attacks.

Clearly, the Libyan Government have a responsibility to deal with the legacy at the heart of the Gaddafi regime, as part of a broader process of national and international reconciliation and justice. The UK Government continue to impress upon the Libyan authorities the impact of Gaddafi’s support for the IRA, and we emphasise the importance we attach to responding to victims’ campaigns. We continue to judge, however, that engaging constructively with the Libyan Government remains the best way to make progress. As our response to the Select Committee report demonstrated, we maintain the long-standing policy of previous UK Governments not to espouse victims’ claims.

Hon. Members who took part in the recent meeting with the Foreign Secretary will be aware that that issue was discussed in some depth. They will also be aware that the Foreign Secretary committed the Foreign and Commonwealth Office to being more visible in efforts to support the victims’ campaigns and to ensuring that the issue remains a priority in our discussions with the Libyan Government. The hon. Member for Poplar and Limehouse (Jim Fitzpatrick) spoke about how that more visible attitude might be demonstrated. I am going back to Libya, for the first time in some years, early in the new year. We are actively seeking to explore the possibility of a meeting between the Libyan Minister of Justice and victims groups; we have recently written to the Minister about that. The meeting might take place in Libya, but that could be difficult, so it could be held in Tunisia or some other place. We are actively pursuing that idea as a way of doing something new and adding something new to the situation.

Questions were raised about whether we have abandoned the idea of a fund to compensate individual victims. We have carefully considered that option, but continue to believe that individual claims are best negotiated directly between victims and the Libyan authorities. We will continue to support victims to help to facilitate that, and we will raise their cases with the Libyan authorities at every opportunity. Even if the Libyans were at some point in the future to put aside money for the purposes of compensating UK victims, we believe that administering such a fund would be extremely difficult. There is currently no clear definition of a victim of IRA terrorism sponsored by Gaddafi as opposed to a victim of terrorism more generally.

Hon. Members who were present at the recent meeting with the Foreign Secretary will be aware that that issue was discussed at length. My impression is that at the end of the meeting we believed that, given the difficulties of drawing distinctions between different types of victims, the best kind of support would be a communal fund, focusing on community support, rehabilitation and reconciliation, that was available to all victims. It would not be confined to Northern Ireland, to respond to the concerns of the hon. Member for Poplar and Limehouse. It has not been drawn up in any way yet, but it would attempt to recognise the difficulty of separating one victim of the troubles from another, and to bring people together. Giving specific help to specific people who have been damaged, as the hon. Member for Strangford clearly described, would be an important part of it, so he would be providing something for his constituents, but in a communal fund that would be accessible to more people, rather than just through individual compensation.

[Jim Fitzpatrick]

Just to clarify, the Minister referred to the possibility of victims meeting the Libyan Minister of Justice directly, perhaps in Tunisia because Libya could be difficult. Some of us have concerns about putting victims in front of a high-level politician and diplomat, given the imbalance in terms of strength. However, I understand that the emotiveness of it might create a breakthrough. I just raise the concern about exposing the victims in that way.

The second point—sorry, Mr Gapes; I will be very brief—is about identifying the entitlement for individual victims and having community assets. Other countries seem to have done it, and I do not understand why we cannot. I totally support colleagues from Northern Ireland who are asking for a centre or an institution for trauma, mental health, mental welfare and so on, because that would be useful for them. It would not serve a purpose for the people in Tower Hamlets who were direct victims, and that is where there is a distinction between the two.

[Alistair Burt]

Let me respond as best I can to those two comments. I take the hon. Gentleman’s point about the meeting, but my sense is that there would be sufficient victims and victims’ representatives who would be prepared to take part in such a meeting. It would not be an unmoderated meeting and, of course, I would expect us to be there in some form, whether through embassy officials locally or senior officers from here; in those circumstances, there would probably also be a Minister. I do not think it would be appropriate to ask a Minister from another state, unconnected with all this, to deal with the issue without one of our Ministers being prepared to support those who had come from the United Kingdom. I am sure that we could handle that, but I accept his point that for some people such a meeting would be too difficult and not possible.

In relation to the hon. Gentleman’s other point, there is no suggestion that because the fund has not yet been created or put together, it would be confined to one place rather than another. If the point is to find something that will benefit victims wherever they have been, it must of course apply to mainland UK as well as Northern Ireland. I do not think that those in other countries have had to make an individual distinction between a victim of Gaddafi-sponsored terrorism and a victim of a terrorist atrocity from another source. That is something that we find difficult and, as we have discussed, we all understand those difficulties.

[Alistair Burt]

I understand the hon. Gentleman completely. It is not difficult to make a distinction based on cause of death, but is he saying that there would be a different system of compensation, and that someone who lost their life in circumstances identifiably traced to Gaddafi would have access to one fund, but those who died in other circumstances would not? That is what successive Governments have found difficult, because the impact of the loss of life due to a terrorist incident is the same, whatever the cause was. It would be difficult to have a fund that distinguished victims and gave some victims and their families access to something that others are denied.

[Jim Fitzpatrick]

It is patently unfair that some victims may not get compensation and others would. The distinction we are drawing, in the absence of a UK fund to compensate victims of terrorism per se, is that the Libyans have paid other Governments in other countries money to compensate their victims. Apparently, we have not been making the same efforts to get Libyan compensation for our victims. If we can get that for the victims who can be identified, let us get them compensation. The British Government ought to be looking after the other victims of terrorism, as I hope they do, from whichever source the terrorism outrage comes.

[Jim Shannon]

rose—

--- Later in debate ---

[Alistair Burt]

My hon. Friend is absolutely right. We are continuing to pursue that process by working with the existing Libyan Government and the future Libyan Government to secure that support. That is why a meeting with the Libyan Minister for Justice has been suggested. That is why the Foreign Secretary and the Prime Minister raised this issue, and why I shall raise it.

Hon. Members and victims have understandably asked us to demonstrate even more effort to secure compensation than we have already put in. The ultimate aim is to ensure the Libyan Government is able to respond to the understandable request for compensation for the victims of Gaddafi. That is the position we want to reach. The UK Government, like all of us, are determined to make sure that happens. That is the process we are pursuing.

There are a couple of other things to say. I want to deal with the issue of frozen assets and sanctions. There is no lawful basis on which the UK could seize or change the ownership of any Libyan assets. The UN Security Council resolution under which those assets were frozen, which the UK supported, is clear that they should eventually be returned for the benefit of the Libyan people. To breach that resolution would be a violation of international law. We set that out in our response to the Committee, and that position has not changed.

A veto is an individual response that the United Kingdom could produce, but it would then be used to stop the return of assets. As the Government rightly said, we get no sense from other states that they would support that. Of course, they do not have to do anything—it is our veto—but they would not necessarily understand our vetoing a policy that is designed to return moneys to those who would then be in a position to compensate the United Kingdom and the victims the United Kingdom is pursuing that for. To apply a veto may not be the most appropriate thing. The point that the hon. Member for Poplar and Limehouse and others made is that it is a form of pressure on Libya, which must be correct. We must find other ways of putting pressure on the Libyans so that when they are in a position to respond, they understand that they need to make that response. Our contact with the Libyan Government makes it clear to us that they understand that need, but the money is not there at the moment because it is just not there. We must continue to pursue that.

On the sanctions, when the European sanctions rules are changed, we will have to see whether that provides an extra opportunity. I was interested by what the hon. Member for Bishop Auckland said, and that will form part of a further discussion in the future. I noted what she said about pensions. As far as I am aware, that is something new, but we may come back to it in due course.

That is what we are doing in the immediate future, and as far as the future is concerned we will pursue a twin-track approach. We will continue to help victims engage directly with the Libyan Government, as appropriate, to help them pursue their campaign. That is the policy we have followed. As I said, I have previously informed victims that we are exploring the possibility of a meeting for them with the Libyan Minister of Justice. Our embassy in Tripoli has raised this with the Minister several times, and he has agreed in principle to the proposal. I recently wrote to him to welcome that, and to stress our desire to press ahead with arrangements. Such a meeting would demonstrate the Libyan Government’s genuine desire to address the legacy of the Gaddafi regime. In addition, we will explore with the Libyan authorities the possibility of establishing a communal fund for victims, although I should be honest with hon. Members that the current political and economic crisis in Libya means that progress on that is likely to be slow, as the hon. Member for Bishop Auckland said.

There are complex questions at stake with regard to compensation, such as which groups of victims would be eligible, and what type of compensation and support would be right. We discussed that during the course of the debate. Discussions about what a fund would look like are still at an early stage, but we anticipate that it would focus on community support, rehabilitation and reconciliation, and as I said earlier would be accessible to all victims throughout the United Kingdom. I welcome the recent engagement of Democratic Unionist party colleagues on this issue, and I look forward to further constructive discussions in the future. We recognise victims’ frustration at the slow rate of progress. I fully appreciate that although that is an easy sentence for a Minister to say, it cannot in any way cover the pain and suffering that people have been through, but the political, economic and security realities in Libya are making progress on the issue extremely difficult.

The Prime Minister, the Foreign Secretary and I have all made clear the Government’s support for change in Libya and for the UN process being led by Ghassan Salamé. We are actively engaged in that because the sooner the process can be successful and the sooner Libya has stabilisation and a new Government, the easier it will be to press such matters still further.

I repeat the Government’s sincere commitment to help the victims of Gaddafi-sponsored IRA terrorism make progress. I express my gratitude for the positive way in which colleagues from across the House have engaged with the Government on this issue and my sincere desire for that to continue. I recognise that the slow process is deeply frustrating to all those who represent the victims, as well as to those victims themselves, many of whom have campaigned tirelessly for many years to achieve justice. Today’s debate and the determination of my hon. Friend the Member for South West Wiltshire and other hon. Members in the Chamber make an impression. Clearly, this is an issue on which the Government are committed, but the determination and the desire of the House is plainly that we have to do more, to be seen to do more and to explore further ways in which we can redress the balance.

I am grateful as always for the kindness with which colleagues treat me, and hope that I can play my part in resolving the issue. I take that to heart.

[Jim Fitzpatrick]

I have one last question for the Minister. As has been mentioned by the Chair of the Northern Ireland Affairs Committee, obviously there have been efforts in the other place to help move things along. Has the Minister had a chance to look at that, and will he comment? I am not asking him to compromise or undermine those efforts in any way, but they were mentioned by several colleagues and it would be useful if the Government had words on that aspect of the situation.

[Alistair Burt]

No. I am aware of the private Member’s Bill going through the Lords. I have no particular response. This is something at the moment—in relation to frozen assets—that we do not currently have being considered. But the Department is considering it very carefully, as will Ministers.

Let me conclude and again thank my hon. Friend the Member for South West Wiltshire for bringing the matter forward. I am fully aware that it is not one that will be dealt with in an afternoon and then go away. Victims and those who represent them have my commitment, and the Foreign Secretary made it clear at his recent meeting with colleagues how important this is to us. It is difficult to unblock but it is clear that we have an imperative from the House to do just that.