Asked by: Lady Hermon (Independent - North Down)
Question to the Foreign, Commonwealth & Development Office:
To ask the Secretary of State for Foreign and Commonwealth Affairs, whether his Department has sought recent legal advice in relation to the espousal of compensation claims by the UK victims of Libyan-sponsored IRA terrorism; and if he will make a statement.
Answered by Tobias Ellwood
The UK Government position remains that it is not able to negotiate with the Libyan Government on individual compensation claims, as these are not government-to-government claims. These are private matters best pursued directly with the Libyan authorities. The FCO does provide facilitation support to campaign groups, where it has been requested and is appropriate.
Asked by: Lady Hermon (Independent - North Down)
Question to the Foreign, Commonwealth & Development Office:
To ask the Secretary of State for Foreign and Commonwealth Affairs, if he will make representations within the UN to amend the UN Resolution governing the freezing of Libyan assets in the UK; and if he will make a statement.
Answered by Tobias Ellwood
The Government has no plans to amend the UN Resolution governing the freezing of Libyan assets in the UK. The UN Security Council affirmed by their resolution 1973 (2011) its determination to ensure that assets frozen pursuant to paragraph 17 of resolution 1970 (2011) shall, at a later stage, as soon as possible be made available to and for the benefit of the people of Libya. UN Security Council resolution 2278(2016) reaffirmed the Security Council's intention in this respect and affirmed the Security Council's readiness to consider changes, when appropriate, to the asset freeze at the request of the Government of National Accord.
Asked by: Lady Hermon (Independent - North Down)
Question to the Foreign, Commonwealth & Development Office:
To ask the Secretary of State for Foreign and Commonwealth Affairs, what recent discussions he has had with representatives of Libya on compensation for UK victims of Gaddafi-sponsored IRA violence; and if he will make a statement.
Answered by Tobias Ellwood
We continue to emphasise to the Libyan authorities the importance we attach to this issue, and how we want to see a solution. The Foreign Secretary highlighted the importance of resolving legacy issues to Prime Minister Serraj during the Libya Ministerial in London on 31 October. I raised the issue of compensation with Deputy Prime Minister Ahmed Maiteeq on 31 October in London and Prime Minister Fayez Serraj when we met in Tunis in November last year. Legacy issues were also raised with Foreign Minister Siala in the margins of the former Foreign Secretary's visit to Tripoli in April. I have also written to the Libyans seeking an update on legacy issues. However, given that the Minister of Justice post is currently vacant and the present challenges facing Libya, I do not anticipate a swift response.
Asked by: Lady Hermon (Independent - North Down)
Question to the Foreign, Commonwealth & Development Office:
To ask the Secretary of State for Foreign and Commonwealth Affairs, what records his Department holds on representations made by the Government to (a) the US Administration and (b) the Libyan government in 2008 about inclusion of compensation claims by victims of IRA/Libyan sponsored violence in the UK in the scope of the Libyan Claims Settlement Agreement; and if he will make a statement.
Answered by Tobias Ellwood
When it became clear in May 2008 that the US and Libya were proceeding on a bilateral agreement to settle outstanding claims, the UK Government made representations to the US and Libyan authorities to include UK victims of Libyan-sponsored IRA terrorism on the list of recipients. Unfortunately this proved not to be possible. The Libyans made clear that they had answered questions about their support for the IRA in 1995 and considered the matter closed.
We want to see a just solution for all of the victims of Qadhafi-sponsored IRA terrorism, and we remain determined to make progress. Once stability returns, and our embassy re-opens, we will again encourage the Libyan authorities to engage with UK victims and their legal representatives seeking redress, including those seeking compensation.
Asked by: Lady Hermon (Independent - North Down)
Question to the Foreign, Commonwealth & Development Office:
To ask the Secretary of State for Foreign and Commonwealth Affairs, what assessment he has made of the progress towards the establishment of a government in Libya; and if he will make a statement.
Answered by Tobias Ellwood
We welcomed the announcement on 8 October by UN Special Representative for Libya, Bernardino Léon, of details of the final political settlement. A political settlement remains the best way to create the environment in which the Government of National Accord can bring peace and security to the Libyan people, regenerate the Libyan economy, and effectively tackle the terrorist threat. It is therefore disappointing that the House of Representatives failed to take a decision on the political agreement on 19 October. We will continue to urge all parties to the talks to seize this moment by endorsing and signing the political agreement as soon as possible, and to quickly realise the establishment of a Government of National Accord.
Asked by: Lady Hermon (Independent - North Down)
Question to the Foreign, Commonwealth & Development Office:
To ask the Secretary of State for Foreign and Commonwealth Affairs, if he will make it his policy to ensure that interest earned on Libyan assets frozen in the UK is used to compensate the victims of IRA/Libyan-sponsored violence; and if he will make a statement.
Answered by Tobias Ellwood
There is no legal basis upon which the UK could re-direct Libyan assets or the interest accrued to individuals for the purposes of compensation. Regarding assets which belonged to Qadhafi or other regime figures, the UN Security Council has stipulated that when these are unfrozen, they will be made available to, and for the benefit of the Libyan people. For the duration of time that these assets are frozen, they and any interest they accrue will be governed in accordance with the specific sanctions in place over the individuals or entities to which the assets belong. In this case, the asset freezing measures are set out under EU Regulation 204/2011 which prohibits the release of frozen funds and the interest accrued belonging to listed individuals or entities except in very specific circumstances, which do not apply here.
Asked by: Lady Hermon (Independent - North Down)
Question to the Foreign, Commonwealth & Development Office:
To ask the Secretary of State for Foreign and Commonwealth Affairs, if the Prime Minister will reverse the decision made by his predecessors not to seek compensation for all UK victims of IRA/Libyan-sponsored violence; and if he will make a statement.
Answered by Tobias Ellwood
The Government is not able to negotiate with the Libyan Government on individual compensation claims as these are not government claims. Individual compensation claims against Libya are best pursued directly with the Libyan Government. The Government has raised legacy issues arising from the actions of the Qadhafi regime repeatedly and at the highest levels with the Libyan authorities. Following a breakdown of the political and security situation in Libya, we withdrew our staff from our Embassy in Tripoli in August 2014. There is currently no central authority to deal with on this issue. We will engage a Government of National Accord (GNA), once established, on the issue of compensation. The British Government’s objective is broad and lasting reconciliation between Libya and UK communities affected by the Qadhafi regime’s sponsorship of terrorism. The Government has provided facilitation support to victims, their families, legal representatives and campaign groups, where it has been requested and appropriate. We will again encourage the Libyans to engage with UK victims seeking redress, including those seeking compensation and their legal representatives, once stability returns.
Asked by: Lady Hermon (Independent - North Down)
Question to the Foreign, Commonwealth & Development Office:
To ask the Secretary of State for Foreign and Commonwealth Affairs, if he will establish an independent inquiry into the reasons why the Government has not sought compensation for UK victims of IRA/Libyan-sponsored terrorism; and if he will make a statement.
Answered by Tobias Ellwood
The Government is not able to negotiate with the Libyan Government on individual compensation claims as these are not government claims. Individual compensation claims against Libya are best pursued directly with the Libyan Government. The Government has raised legacy issues arising from the actions of the Qadhafi regime repeatedly and at the highest levels with the Libyan authorities. Following a breakdown of the political and security situation in Libya, we withdrew our staff from our Embassy in Tripoli in August 2014. There is currently no central authority to deal with on this issue. We will engage a Government of National Accord (GNA), once established, on the issue of compensation. The British Government’s objective is broad and lasting reconciliation between Libya and UK communities affected by the Qadhafi regime’s sponsorship of terrorism. The Government has provided facilitation support to victims, their families, legal representatives and campaign groups, where it has been requested and appropriate. We will again encourage the Libyans to engage with UK victims seeking redress, including those seeking compensation and their legal representatives, once stability returns.
Asked by: Lady Hermon (Independent - North Down)
Question to the Foreign, Commonwealth & Development Office:
To ask the Secretary of State for Foreign and Commonwealth Affairs, what criteria the Government applies to determine whether or not to seek compensation for UK victims of IRA/Libyan-sponsored violence; and if he will make a statement.
Answered by Tobias Ellwood
The Government is not able to negotiate with the Libyan Government on individual compensation claims as these are not government claims. Individual compensation claims against Libya are best pursued directly with the Libyan Government. The Government has raised legacy issues arising from the actions of the Qadhafi regime repeatedly and at the highest levels with the Libyan authorities. Following a breakdown of the political and security situation in Libya, we withdrew our staff from our Embassy in Tripoli in August 2014. There is currently no central authority to deal with on this issue. We will engage a Government of National Accord (GNA), once established, on the issue of compensation. The British Government’s objective is broad and lasting reconciliation between Libya and UK communities affected by the Qadhafi regime’s sponsorship of terrorism. The Government has provided facilitation support to victims, their families, legal representatives and campaign groups, where it has been requested and appropriate. We will again encourage the Libyans to engage with UK victims seeking redress, including those seeking compensation and their legal representatives, once stability returns.
Asked by: Lady Hermon (Independent - North Down)
Question to the Foreign, Commonwealth & Development Office:
To ask the Secretary of State for Foreign and Commonwealth Affairs, on how many occasions he has raised with representatives of the Libyan government compensation for UK victims of IRA/Libyan-sponsored violence since 2010; and if he will make a statement.
Answered by Tobias Ellwood
The Government is not able to negotiate with the Libyan Government on individual compensation claims as these are not government claims. Individual compensation claims against Libya are best pursued directly with the Libyan Government. The Government has raised legacy issues arising from the actions of the Qadhafi regime repeatedly and at the highest levels with the Libyan authorities. Following a breakdown of the political and security situation in Libya, we withdrew our staff from our Embassy in Tripoli in August 2014. There is currently no central authority to deal with on this issue. We will engage a Government of National Accord (GNA), once established, on the issue of compensation. The British Government’s objective is broad and lasting reconciliation between Libya and UK communities affected by the Qadhafi regime’s sponsorship of terrorism. The Government has provided facilitation support to victims, their families, legal representatives and campaign groups, where it has been requested and appropriate. We will again encourage the Libyans to engage with UK victims seeking redress, including those seeking compensation and their legal representatives, once stability returns.