Canary Wharf Bombing: Compensation

Lord Dodds of Duncairn Excerpts

Tuesday 23rd February 2016 Westminster Hall

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

I beg to move,

That this House has considered compensation for victims of the Canary Wharf bombing.

It is a pleasure to see you presiding over the debate, Ms Dorries. It is also very good to see the Minister, for whom I have the highest regard, in his place. I know that the Treasury, the Foreign Office and the Ministry of Justice have been passing or sharing responsibility for this issue among them. I am grateful that a Treasury Minister is here, because I think that this is a financial question. Some issues of compensation are an MOJ responsibility and some issues are a Foreign Office responsibility, but a number of the key questions that I want to ask relate to British financial policy, as I hope to make clear. I am grateful that the Treasury is represented here today to respond to the debate. To be honest, I do not really care which Department takes responsibility and responds. What the victims and I want to see is action.

Two weeks and 20 years ago today, the Canary Wharf bomb detonated. The bombing marked the end of a 17-month IRA ceasefire. It was recently the subject of an excellent BBC Four documentary, broadcast to commemorate the event, entitled “Executing the Peace”. The half-tonne bomb was left in a small lorry about 80 yards from South Quay station on the docklands light railway. It exploded at 19:02 GMT 90 minutes after coded warnings were telephoned to Dublin and Belfast media. Inam Bashir and John Jeffries died when the bomb went off outside their shop on 9 February 1996. Many more people were injured, a number seriously.

I have been trying for a number of years to assist the Docklands Victims Association to secure compensation for the victims who suffered, and are still suffering in many cases, and for the families of those who were killed. The Docklands Victims Association is not alone in seeking justice; many other victims are also trying to do so.

The starting point for all this seems easy enough. Semtex explosive was sold by the Czechs to the Libyan regime of Colonel Gaddafi. It then supplied that Semtex to various terrorist organisations, including the IRA. That Semtex killed and maimed people. But from there things get much less clear. To its credit, the Select Committee on Northern Ireland Affairs—I am pleased to see its Chair, the hon. Member for Tewkesbury (Mr Robertson), in his place—is engaged in an inquiry trying to get to the bottom of this. I cannot do justice, in my brief remarks, to the evidence that it has already heard or the conclusions and recommendations that it will deliver, but its report, I suspect, will not be kind to successive British Governments over the last almost 20 years. I simply wish to ask the Minister why UK citizens have not been compensated, unlike citizens in the United States, Germany and France who were also victims of Semtex supplied by Gaddafi.

One of the most powerful statements that I heard in the Northern Ireland Affairs Committee sessions was from Mr Jason McCue, representing victims in Northern Ireland. He said:

“Victims…are front-line troops in the war on terror...We have a duty of care to them, and yet we do not seem to value them in our society, like others do—like the French or the Americans do. We do not give them that value; we do not give them that respect. We do not see the humanity in them, and their strength in the war on terror. There is no stronger counter-terrorism measure than a victim standing up”.

The question for me and many colleagues—a number are in the Chamber today—is not whether the victims should be compensated but how. There are several possible ways, and all have been mentioned in the Northern Ireland Affairs Committee hearings, in which members are examining those ways and have suggested a number of parliamentary questions to tease out even more information on this very difficult issue.

[Mr Nigel Dodds (Belfast North) (DUP)]

I congratulate the hon. Gentleman on raising this very important issue again on behalf of his constituents. The Docklands Victims Association is doing tremendous work and working with victims elsewhere whose victimhood came about as a result of Semtex supplied by Gaddafi. I am sure that the hon. Gentleman will accept that Members from Northern Ireland fully support the campaign for compensation in this case, because it will mean compensation right across the board for many other victims as well. We fully support the case and wish him well.

[Jim Fitzpatrick]

I am grateful to the right hon. Gentleman for that expression of support. He, too, has campaigned strongly on this issue for many years. This is a more general case; it is not exclusively about the Docklands Victims Association. Obviously, those victims are in my constituency, but many others across the country are also involved, and what we want to see is justice for them all.

I was exploring the possible ways forward. The first way forward would have been for the British Government to join a class action with the US Government in their claim for compensation. I would like to quote Mr McCue again. He said in response to a question from the hon. Member for Ribble Valley (Mr Evans):

“There was no reason why the British Government could not have, first of all, petitioned for the British citizens to be in it. There is nothing in American law preventing them from espousing a claim, which is the technical term for it, with another state to bring compensation for a class action. The Americans could have done it.”

A Mr Jury, another witness at the Northern Ireland hearings who was also representing victims, said:

“Can I add to that that the Libya Claims Settlement Agreement is a court-accepted statement of liability towards the UK victims? Under US law, there has been an acceptance of liability, and under judicial international comity, the UK courts would accept that anyway.”

Therefore there is, or at least was, the possibility of an international legal route to compensation, but my main question to the Government is why is there not, or why can there not be, a UK domestic route?

There have been reports that the UK Government have frozen Gaddafi or Libyan assets in UK banks. I suspect that the Treasury was behind that, which is why I have targeted the question in this debate at Treasury Ministers. The amount of funds is not clear. Some commentators suggest £900 million; others suggest that it runs into billions of pounds. That raises a number of questions for the Minister, of which I gave his office notice last evening. I must congratulate the Minister’s private office, because it was still emailing me at half-past 8 last night to try to get to the bottom of some of this.

First, do such frozen accounts exist and, secondly, what are they worth if they do exist? More importantly, there are international legal precedents that enable frozen assets of a terrorist or dictator—in this case, Gaddafi—to be used to pay compensation to victims, so my third and most important question, to which I will return at the end of my remarks, is why do the UK Government not go down that route?

A third route is now apparently being explored. An article in The Daily Telegraph on 16 January quoted the Under-Secretary of State for Foreign and Commonwealth Affairs, the hon. Member for Bournemouth East (Mr Ellwood), who, to his credit, attended the memorial service in my constituency two weeks ago, on 9 February. He did not tell me that he was coming, but it was good to see him there anyway, and other parliamentary colleagues. The article stated:

“Tobias Ellwood, a Foreign Office minister, told The Telegraph that he had met new Prime Minister designate of Libya, Fayez el-Sarraj, and raised the case for compensation with him in person.”

The hon. Gentleman was quoted as saying:

“We will certainly make the case with the Libyan government in order to pursue this as best we can.

As soon as there is a government to work with I am planning to facilitate bringing the victims’ groups and the Libyan authorities together. It is for the Libyans themselves to say whether or not there would be a case for a request for compensation.”

There are, therefore, three possible ways to compensate victims: join a class action in the US, use interest from frozen assets in the UK or get the new Libyan Government to cough up.