Libyan-sponsored IRA Terrorism

Lady Hermon Excerpts

Thursday 10th May 2018 Commons Chamber

[Mr Robertson]

My hon. Friend makes a very good point. As I get deeper into my speech, I will refer to other compensation awards, but the Government should certainly follow that guiding principle.

The role of the Libyan Government in bolstering the activities of the Provisional IRA should not be understated. When he appeared before the Select Committee, the former Foreign Secretary, the right hon. Jack Straw, stated:

“In the 1980s and early 1990s, Libya was probably the most serious state sponsor of terrorism in the world.”

Those were very strong words. From the early 1970s through to the 1990s, the Gaddafi regime in Libya supplied arms, funding, training and explosives to the Provisional IRA, which is accepted by many to have both extended and worsened the troubles.

Through a series of shipments that took place in the mid-1980s, the regime supplied the Provisional IRA with up to 10 tonnes of Semtex, a highly powerful and virtually undetectable plastic explosive. The Semtex supplied made possible a deadly bombing campaign from the late 1980s, resulting in a horrific loss of life across Northern Ireland and the mainland. These include the attacks in Enniskillen, where a bomb was detonated that killed 11 people during a Remembrance Sunday ceremony, the bombings in Warrington that resulted in the deaths of two children—Tim Parry and Johnathan Ball—and the attack at docklands in this city, where a bomb killed two people and injured about 100 more. This is to name just a few of the atrocities carried out by the Provisional IRA using the Libyan-supplied Semtex. It does not come close to illustrating the extent of the devastation caused. While that loss of life is a tragedy, those attacks also had far-reaching implications for those who were injured and for the families and loved ones of those who sadly lost their lives.

During our inquiry, many victims emphasised not only the physical effects of the attacks, but the emotional, psychological and financial difficulties caused. The testimonies of those victims have been highlighted in previous debates, but it would be valuable to the House to consider them once more, to illustrate the sheer loss, heartache and pain caused by those attacks.

Colin Parry, whose 12-year-old son, Tim, died following the Warrington bombings in 1993, told the Committee:

“Describing the final moments of your child’s life is beyond words…because, as a parent, there is no greater pain or loss than the death of your child.”

Suzanne Dodd’s father was the inspector on duty on the day of the Harrods bombing. She told the Committee that, on the day of the attack, she and her siblings had been waiting for their father to come home to put up the Christmas tree when their mother told them that there had been a bomb at Harrods and that their father would be late. It emerged that her father had been seriously injured. Her mother returned from hospital on Christmas eve, telling Suzanne and her siblings that her father had died.

The urgency of this issue is possibly best illustrated by Mrs Gemma Berezzag, whose husband was left blind, paralysed and brain damaged by the docklands bombing. For 20 years she cared for her husband’s complex needs on a daily basis. She sadly passed away in 2016, before any resolution could be found. I ask the Government: how many more individuals affected by those atrocities will not see justice in their lifetime? Those cases provide only a snapshot of the suffering caused by Libyan-sponsored IRA terrorism, and time is running out for many of the victims.

Losing any loved one through natural causes is bad enough. Losing someone through an accident is perhaps even more shocking, but how much worse must it be when that life has been deliberately taken through terrorism? Add to that grief the involvement of a foreign, rogue state, and the victims’ relatives and friends must suffer more than any of us could ever imagine.

The Northern Ireland Affairs Committee heard how victims have been repeatedly let down by successive Labour, Conservative and coalition Governments, owing to their failure adequately to pursue compensation on their behalf. At times, it seemed that during periods of improved relations the concerns of victims were secondary to other considerations. The Committee concluded that there had been a series of missed opportunities to raise the issue of compensation, particularly during a period of deepening relations between the UK and Libya in the 2000s.

[Lady Hermon (North Down) (Ind)]

I congratulate the hon. Gentleman on securing this debate on a sensitive and important issue. Has he any evidence that the current Government have intensified their efforts to obtain compensation from the Libyan Government for all those victims of IRA-sponsored terrorism not just in Northern Ireland but throughout the United Kingdom?

[Mr Robertson]

The hon. Lady is a valuable and active member of the Committee and she took part in the inquiry to which I refer. I will touch on the issue she raised in a moment because it is a very important point.

In the 2000s, compensation was secured for the families of the Lockerbie bombing victims, and in 2004 we had the first visit to Libya by a British Prime Minister for 60 years. That visit was accompanied by the announcement that Shell had signed an agreement worth up to £550 million for gas exploration rights off the coast of Libya, yet there was still no sign of compensation for these victims. For our inquiry, the extent to which the Government of the day were aware of the campaign to seek compensation is unclear. Nevertheless, I believe the UK Government missed a vital opportunity during this period of improved relations to act on behalf of IRA victims.

The situation is even more disheartening for victims when we look to the achievements of the US, French and German Governments in securing compensation for their citizens. Because of the French Government’s threat to veto the lifting of UN sanctions on Libya, Libya agreed to pay the French Government $170 million in respect of the 170 people killed following the bombing of UTA flight 772 in 1989.

The Committee also examined the exclusion of the UK victims of Gaddafi-sponsored terrorism from the terms of the US-Libya claim settlement agreement in 2008 as another missed opportunity for UK victims. Although the then UK Government claimed they had made representations to the US for the victims’ inclusion, we received no evidence of the level at which they had been made and with what force. It was explained that the US was unable to include UK victims in the agreement for several legal reasons, including that neither international law nor US law allows the US to espouse the claims of foreign nationals. However, this was contested during Committee evidence sessions, when it was suggested that that was not a matter of law but rather a matter of US Government policy. My primary concern, however, is the actions of the UK Government and I do not believe that, on the two occasions I have outlined, enough was done to put forward the claims of victims.

As the Gaddafi regime crumbled in 2011, the UN imposed financial sanctions on several individuals and entities involved in or complicit in the commission of human rights abuses in Libya. In September 2017, it was established that £12 billion of assets from the Gaddafi regime remained frozen within the UK’s jurisdiction. Currently, the UN resolutions, and the EU regulation which enforces them in the UK, provide no option for the UK Government to use frozen Libyan assets for the purposes of compensation. Disappointingly, there is no evidence that the UK Government raised the issue of compensation at the point when the assets were frozen. This is particularly frustrating, as there are precedents for the use of frozen assets to compensate victims. For example, $225 million of former President Marcos’s assets seized in Swiss bank accounts have provided reparations for victims of human rights abuses in the Philippines.

The Select Committee asked the Government to consider the use of frozen assets to compensate victims and to contribute towards community support. At the time, we were very disappointed by the Government’s rejection of recommendations made, and a number of Members, including myself and the new Chairman of the Select Committee, have continued to engage with the Foreign Secretary on this issue. However, to date, the Government have unequivocally ruled out the use of these assets for compensation and the potential use of our veto at the UN Security Council for the purpose of securing compensation. Today, we ask that the Government take a fresh approach to this issue and explore all options available to acquire the international authority to use a proportion of the Libyan assets frozen in this country to compensate victims and to set up support projects in the communities affected.

I do, of course, recognise that there are victims of Gaddafi in Libya, as well as in the UK, and I emphasise that the assets I refer to are the assets of those involved in human rights abuses in Libya and not those of innocent Libyans. The funds seized and frozen in this jurisdiction and across others have a role to play in contributing to the rebuilding of Libyan society and in helping the people who have suffered there to rebuild their lives. However, there is still a responsibility to deal with the legacy of the Gaddafi Government and the pain and suffering caused in the UK. I believe we should pursue these funds to do so.

I am realistic and recognise that since the fall of the Gaddafi regime Libya has faced insecurity and political instability, which has hindered progress on a number of issues, including compensation. I welcome the fact that, when the Foreign Secretary visited Tripoli in May and August last year, he raised this issue with the Prime Minister. To reply to the intervention from the hon. Member for North Down (Lady Hermon), I understand that that is the extent of what happened, although the Minister may correct me on that. I hope that this issue will continue to feature in the discussions that the Government have with the Libyan Government. I ask the Government to pursue this Government-to-Government approach where possible, rather than viewing this as a matter for individuals to deal with themselves. They simply cannot do so. The continued perseverance of the victims and their families shows strength and resolve, but they should not have to pursue this very difficult issue alone, and I ask the Government for their support in that.

When conducting our inquiry, we were repeatedly told by Ministers that it was difficult to move this issue on because there was no functioning Government in Libya to deal with, and as soon as one were established, a more determined approach would be taken. However, that has not happened, and the relatives have suffered for too long. That is why, supported by many hon. Members, we are suggesting today that the Government assess the origin of the frozen assets to determine how much of them were effectively lodged by the then Libyan Government, as opposed to being investments made by private individuals. We suggest that the Government then seek international permission to use those assets to compensate the victims of Libyan-sponsored IRA terrorism, to compensate their relatives and to support the communities where the attacks took place.

In the Prime Minister’s address to the Conservative party conference last October, she said that one of her main motivations in politics was to try to “root out injustice”, yet this example of a major injustice remains and rages. Now is the time to act.

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[Kate Hoey (Vauxhall) (Lab)]

I thank the hon. Member for Tewkesbury (Mr Robertson) for his work on this issue not just as the previous Chair of the Northern Ireland Affairs Committee, but since then. I also thank him and the Backbench Business Committee for securing the debate, and I pay tribute to all the Members here who have put in a lot of work over a number of years on this issue. This issue is not party political; it is about justice, and the situation has gone on for far, far too long.

I am afraid that when I listened to the evidence as a member of the Northern Ireland Affairs Committee, it was absolutely apparent that something, somewhere—at the back of all this within Government—was stopping Governments of all persuasions from pushing to get compensation and from pushing the United Nations to change the way in which the frozen assets could be dealt with. It is tragic—the hon. Gentleman has outlined a number of cases—and we could go through all the evidence. I urge anyone listening or watching who wants to understand the issue more to read some of the evidence that was given to the Select Committee.

I want to add a bit more about one person—one of the victims—who has already been referred to and who submitted evidence to our Committee: Mrs Gemma Berezzag. She had cared for her husband, Zaoui, who was left severely disabled. What she said to us was particularly poignant, because we know—the family are quite happy for this to be public—that she committed suicide in 2016. Just months before, she had told the Belfast News Letter:

“We never had a nice day in our lives since. My husband was a hard worker, nice to his children and nice to me. Now I change his nappy 10 times a day. Can your friends do this? I need financial help for my husband. I cannot even afford the nappies he needs. The Government forgot about me. I am 57 but I feel like I am 80. This is still killing me, 20 years after the bomb.”

She and other people described going to the Foreign Office—they included people who had experienced the London docklands bombing, to which I know my hon. Friend the Member for Poplar and Limehouse (Jim Fitzpatrick) will refer—to seek help. They even found someone who could speak Arabic. Time after time, they were told, “This is a private matter between you and the Libyan Government.” Now, all these years later, we have a new relationship with the Libyan Government, and the Minister has just been there. I hope he will tell us very clearly what he said and what was said to him, because, on the basis of all the evidence, I do not believe that enough has been done.

I do not accept what has been said about the frozen assets. One of the criteria in the EU regulation is “humanitarian”. If the person whose case I have just presented—and some of the other people who are suffering now. and who are getting older and older—cannot be helped on humanitarian grounds, I really do not know what “humanitarian grounds” can mean. I hope that in a year or so, if we are no longer in the EU, we may be able to change that regulation so that those people can be helped.

It seems that the push that should have come has never come. Let me give a prime example. In 2013, the G8 came to Enniskillen in Northern Ireland, the site of one of the biggest and most appalling bombings, which happened on Remembrance Sunday. The victims—and some of the relatives of the people who died in Enniskillen are in the Public Gallery—had not been told that the Libyan Prime Minister was coming. They heard about it because they managed to find something out on the internet. They then asked if they could meet Zeidan—the Prime Minister—because they thought that that would be very helpful: here was someone who was against Gaddafi as well. They were refused that visit, but were told, “Don’t worry; he is meeting the leaders in Northern Ireland.” And who should one of those leaders in Northern Ireland be but Martin McGuinness, who probably knew all about how the Semtex had come from Libya. So all those opportunities were not given to them.

I say to the Minister, “You now have an opportunity.” The Labour Government and Tony Blair did absolutely nothing. He would not come and give evidence to the Committee. He gave evidence about the “on the runs” issue, but not about this issue. We believe that there is a lot more to come out about what went on during that time and that it was not in the interests of Blair and the Government to do anything that would upset Gaddafi. Then came Gordon Brown, who actually set up a new unit in the Foreign Office to help the victims.

[Lady Hermon]

I am very pleased to be working with the hon. Lady on the Northern Ireland Affairs Committee. Does she agree that when the British Government, quite rightly, condemn terrorism unreservedly —and we have experienced far too much terrorism in the United Kingdom —they have a moral obligation to seek compensation for all the victims from the Libyan Government, to whom they now refer as a friend?

[Kate Hoey]

I absolutely agree. This is indeed a moral issue. I know that people will not like my saying this, but it sometimes seems to me almost as though there are two types of terrorism. There is terrorism, and then there is IRA terrorism. We now have to be so careful not to upset those who were once the leaders of what was the IRA. I really do think that the Government must show that terrorism is terrorism, wherever it happens.

We should not let the IRA off the hook on this. Yes, it was Libyan Semtex that was given to the IRA, but it was not Gaddafi who actually planted the bombs in Enniskillen and all those other places. I think it is very important to remember that.

I know that a number of other Members want to speak. Let me end by saying that this has gone on for far too long. There is £9.5 billion sitting in our banks, and if we and the United Kingdom Government cannot find a way to ensure that some of that money goes to those people who are, as we speak, ill and literally beginning to die off, I think that that is a shame on all of us here, and a shame on the Government. I hope that the Minister will respond in a positive way, because we have to move quickly on this issue.

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[Jim Shannon (Strangford) (DUP)]

It is always a pleasure to follow the hon. Member for Beckenham (Bob Stewart); he injects into these debates a level of knowledge from his years of service in uniform that, in all honestly, I do not believe anyone else could. I thank the hon. Member for Tewkesbury (Mr Robertson) for securing the debate.

There is a sense of déjà vu about this debate, but that is not what it should be. It is my desire that this debate will be something completely different and that it will bring about action. That has been the thrust of what all Members have said in their speeches and interventions. I want this debate to result in a change of direction and decision, not simply in platitudes and sympathetic consideration.

It is my belief that the duty that we have to our citizens supersedes the duty that we have to others. It is important that we all stand together today against the tactics of terror that cost lives and resulted in so many innocent people having to endure life-changing injuries. The Democratic Unionist party stands shoulder to shoulder with the innocent victims of terrorism who are making their case for proper recognition and support.

I am sure that other Members have been sent a letter by a very worthy and notable police officer; I presume from some of the contributions that that is the case. He was severely injured in the 1983 Harrods bombing that was carried out by the IRA. To that brave man who has carried on serving Queen and country, through physical difficulty and emotional and mental torment, I say: we salute you. I thank him for his service. I have heard what he said in the letter that I received and that I suspect others received, and I agree with and appreciate every single word that he has shared. He epitomises the suffering of victims.

One of the most startling parts of the police officer’s letter was his recollection of seeing an American gentleman —I think the hon. Member for Tewkesbury referred to this earlier—being injured and then attended to after the explosion. This police officer has looked on as the American Government ensured that there has been a form of justice for that man. They saw the part played by Gaddafi and his minions and decided that there was a price to pay, and they paid that price to their citizens.

This debate is epitomised by the fact that two people who were seriously injured in the same IRA Semtex bomb explosion in the capital city of this United Kingdom are treated in such different ways. Why would any rational person deem it acceptable that an American victim is compensated by the Libyans, but the British victims of this atrocity are not? It is little wonder that this brave police officer and so many other innocent victims feel abandoned, worth less than the American tourist who happened to be visiting their city.

This British police officer ran towards the danger—towards the bomb—yet that duty and sacrifice have not been properly acknowledged by a Government who I say with respect have failed adequately to make the case to the Libyan Administration. Along with others in this House, I pledge that I will seek justice for that police officer, his family, friends and colleagues, and for the innocent victims throughout this nation and this entire United Kingdom of Great Britain and Northern Ireland.

[Lady Hermon]

I am very grateful to the hon. Gentleman for allowing me to intervene.

Reflecting on the close working relationship between the Conservative Government and his party, the Democratic Unionist party, I have assumed that this very sensitive and very important issue for victims of Libyan-sponsored IRA terrorism has been raised in discussions by him and his colleagues with either the Foreign Secretary or indeed the Prime Minister. It would be very helpful if he assured us that that in fact is the case.

[Jim Shannon]

I am quite happy to assure the House that the matter has been raised at the highest level with the Prime Minister. Everyone can be assured that we are not behind the door when it comes to pushing this matter and when it comes to talking to the Minister. For the victims, families, friends and colleagues across the whole United Kingdom, this is something that has been said before, but it needs to be reiterated, “You are the victims and you deserve the best that we can give.” Government at the very highest level and all of us must do better for the innocent victims of terrorism.

I asked the Home Secretary at the end of March whether she would raise the matter of the unexplained wealth orders in respect of the members of the Gaddafi family and their Libyan associates who reside in the UK, or who claim ownership of the frozen assets in the UK. The response was not particularly helpful, so I think it is time that the Minister talked to the National Crime Agency, the Crown Prosecution Service and the Serious Fraud Office about finding some methodology on how to retrieve the £9.8 billion.

I say to the Minister, on behalf of every person affected by the evil deeds of evil men, aided and facilitated by Gaddafi and Libya, to make the change today and to step up for his constituents, for my constituents, for the people of the United Kingdom of Great Britain and Northern Ireland, and simply for the concept of justice and for no other reason than what is right.

Albert Einstein made many statements, and I will quote one today. He said:

“The world is a dangerous place to live; not because of the people who are evil, but because of the people who don’t do anything about it.”

I say to the Minister that I hope that will not be the case for this Government. It is the wish of our people that we do something about this matter. Government after Government have sat and felt sympathy for victims. Northern Ireland MP after Northern Ireland MP has been infuriated by the lack of movement, as have our colleagues in Great Britain. This issue will be raised again and again and again until every victim of Libyan-sponsored terrorism knows without doubt that this institution, this Parliament and this Government have done all they can to ensure that the men who were blown up, side by side, have parity of treatment from their separate Governments.

I am very conscious of time so let me just say that these people deserve our sympathy, our tears, our time and our promise to act. Their need dictates that we do no less; every fibre of our being should dictate that we do no less; and our position certainly dictates that we as a Parliament do no less. Wrong was done. We cannot give back lives, mental health or physical wellbeing, but we must do what we can and what we have not done thus far. It is our duty to fight against evil and fight for the victims in this way. Minister, I look to you.

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[Alistair Burt]

I am not in a position in any way to dispute what the hon. Gentleman says. There may well be some issues, if we look at compensation as a whole, about distinguishing between different groups, but that is a slightly different issue. However, we are clear what we are talking about here: there is enough evidence, and there will be victims of Gaddafi-sponsored terrorism Semtex who we can all be very clear about.

[Lady Hermon]

rose—

[James Cartlidge]

rose—

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[Lady Hermon]

I am enormously grateful to the Minister, for whom I have the highest regard—he is a very good Foreign Office Minister. After his visit to Libya, he described the UK as

“a strong partner and friend of Libya.”

If Libya is a friend of the UK, what possible justification can there be for delaying compensation for one day more?

[Alistair Burt]

I do not think that the presently constituted Libyan Government is in any position to make a decision in relation to such compensation or to pay it. In answer to the hon. Lady’s question, that is one of the practical issues that we are dealing with at the moment.