Asset Freezing (Compensation) Bill [HL]

Lord Cormack Excerpts

Friday 10th June 2016 Lords Chamber

[Lord Empey]

My Lords, I take this opportunity to thank the participants in this debate. First, I thank the noble Lord, Lord Brennan, for his vivid and chilling explanation of the actual effects of Semtex, and his dealing with the stance of the United States in 2008, the successor-state liability principle and of course the fact that Congress forced the settlement. The words of my colleague and noble friend Lord Rogan, with his considerable experience and knowledge of the outworkings of Semtex in our own part of the United Kingdom, and his concern that a certain volume of that material still exists in the hands of dissident terrorists, are also something to be worried about. Of course, his reference to the difference in treatment between victims of the Harrods bombing illustrated why we have this Bill before the House today. I thank the noble Lord, Lord Davies of Oldham, speaking on behalf of Her Majesty’s Opposition, for expressing his, as he put it, enormous sympathy with the Bill, his reference to the United States example, and to his friend Jim Fitzpatrick, who, as the noble Lord rightly pointed out, has been in the trenches on this one for many years, and continues to be, and who represents his constituents to the very best of his ability.

I must say that the Minister, on behalf of the Government, shocked me to some extent with his reply. Only we, in this part of Europe let alone anywhere else, could come up with the European Convention on Human Rights as an obstacle in the path of getting funds for the victims. What about the rights of the people who were blown to smithereens? Have we got the world on its head that that is a defence for doing nothing? We are talking here about the state of Libya, the successor to Gaddafi, whenever it emerges from whatever struggles it is having.

I understand and quoted from the articles from the European Union’s decision of 18 January and the EU resolutions. I asked in my speech whether we have asked our European colleagues for help with this. Have we just asked them? Have we put forward proposals to amend this or put in another derogation? Have we gone to the United Nations and asked it for help or put forward proposals? Have any of these people turned us down? That is what we need to find out. We are not asking for anything so why not? Is there a hidden hand somewhere, or a deal in the background that we know nothing about? Why not? Our responsibility is to the people of the United Kingdom first and last. What happens to the rights of individuals named in the United Nations list is not our primary concern. Our primary concern is our own people.

I must say to the Minister, with the greatest respect to him—I have enormous admiration for him—that it is precisely that approach that is the root cause of the failure to make progress on this issue. It is not a private matter between individuals and the Government of Libya. As the noble Lord, Lord Brennan, said, the United Kingdom Government plc should be up front and centre dealing with this matter—and fighting.

[Lord Cormack (Con)]

Will my noble friend enter into early discussions with the Minister to see whether some amendments can be framed that would enable this Bill to be accepted by government?

[Lord Empey]

I thank the noble Lord for his, as usual, helpful intervention. As a former long-serving chair of the Northern Ireland Select Committee in the other place, he knows the subject well. I have it absolutely clear, and we all know the rules as regards Private Members’ Bills. We know what we are doing and we know what it is about. I would be delighted to sit down with the Minister and look at this, and so would all our colleagues in both Houses and in all parties. He knows, as well as I do, that a Member is limited in the amount of help that he or she can obtain for a Private Member’s Bill. A few weeks ago, the Legislation Office was crammed with all the other Bills, is very short-staffed and can do only a certain amount. I accept that a lot of the technicalities of the Bill are not perfect. That is why we have a parliamentary process. That is why we go through different stages. I entirely agree with the noble Lord and would be delighted to do what he suggests. We cannot simply leave things as they are. They are totally unacceptable.

If we are talking about human rights, what about the rights of the people who have had to live with the consequences of these actions throughout their lives? The legal niceties about the European Council regulations, or resolution this and resolution that, are secondary: we are dealing with people, individuals and families. Our task is to ensure that they get a fair deal out of all this. We are not asking to plunder the people of Libya. I said earlier that the vast majority of the victims are the Libyan people themselves, and we know that, but we have a specific group of people who have been left to fall down the grating and slip through the cracks on this issue. I appeal to the Minister to go back to his colleagues and revisit some of those issues. Those of us who are behind these proposals would be very happy to sit down with him, or anybody else, and discuss any amendments, or anything we could do, as the noble Lord, Lord Cormack, suggested. We would be delighted to talk to both Front Benches on this issue to see whether we can get a consensus.