Victims of Libyan-sponsored IRA Terrorism: Compensation

Lady Hermon Excerpts

Tuesday 13th September 2016 Westminster Hall

[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.

--- Later in debate ---

[The Parliamentary Under-Secretary of State for Foreign and Commonwealth Affairs (Mr Tobias Ellwood)]

It is a pleasure to serve under your chairmanship, Ms Ryan. I begin, as others have done, by underlining the importance of this debate in the wider picture of ensuring that the Government have a better understanding of these critical matters. I am grateful that the legislature is able to continue holding the Executive to account on an extremely sensitive issue—the legislature has been tested by the length of time it is taking to resolve these important matters. I congratulate my hon. Friend the Member for South Suffolk (James Cartlidge) on his contribution; indeed, I congratulate all hon. Members on their very moving and pertinent contributions today.

When I first came across this issue before the Northern Ireland Affairs Committee, I did not know a huge amount of detail, as was evident by the types of answers that I then provided. I hope that my answers today will express a determination to stick to the course, which I would have done even had I moved away from the Foreign Office. Thankfully I continue in this post, and I endeavour to do what I can to work with fellow parliamentarians to ensure that we can push this cause forward.

As has been recognised here today, the situation in Libya is at the heart of the issue and is a cause of absolute frustration in our not being able to move this forward. The situation is testing the patience of those seeking compensation. Until Libya has a Government we can work with, we are simply not able to consider what to do with the frozen assets—we are simply not able to have those conversations. Every time I have addressed this matter in Parliament, I have been pleased to say that the situation in Libya is incrementally better, and the same is true today. However, the situation is still very delicate. The Government of national accord, under Prime Minister Sarraj, are having a tough time of bringing together societies that for 40 years under Gaddafi had no ability to flourish. Our embassy is not fully functioning, and our ability to move in and out is still restricted, as expressed by our travel advice. As has been mentioned, Daesh is moving into certain areas and towns. The situation is difficult, but it is better than the last time I spoke to the House on this issue.

[Lady Hermon]

The Minister has listened carefully to the evidence given to the Northern Ireland Affairs Committee, of which I am pleased to be a member. I have a specific point on the 2011 EU regulation governing the freezing of assets. That regulation was implemented in the UK, but the Brexit decision means that the Government are free from that regulation. As there are no additional domestic measures on the freezing of Libyan assets, will he confirm that this is part of the Brexit negotiations?

[Mr Ellwood]

If hon. Members allow me, I will do my best to answer all the questions. My hon. Friend the Member for Romford (Andrew Rosindell) also mentioned Brexit—he is characteristically on top of Brexit matters—and my direct answer is that I am afraid that that is not the case. First, many of the EU’s financial regulations have been written or espoused by Britain because we led on financial services. Secondly, we are governed by UN regulations, and those are the ones of which we would be in breach. I will come and speak to the hon. Member for North Down (Lady Hermon) about that in more detail.

I met the Prime Minister-designate, as he then was, back in November 2015. I had subsequent meetings with the Foreign Minister of Libya, and I hope to meet him at the UN General Assembly next week—I will be raising this matter, too. Our new Foreign Secretary has also raised this matter, and our previous Foreign Secretary, now the Chancellor, raised it when he visited Tripoli only a few months ago. I wrote to Libya’s then Justice Minister about the formation of the committee on this very issue, but there has since been a reshuffle—that happens, as we know—and the justice post is currently vacant. I am waiting to see who the new Justice Minister is. I will be making contact to pursue these matters as soon as that appointment is made.