Part of the debate – in Westminster Hall at 3:14 pm on 14 December 2017.
It is a pleasure to see you presiding this afternoon, Mr Gapes. It is good to see the Opposition spokespersons in their places. I am very pleased to see the Minister, who is held in high regard across the House. We look forward to his response to the speech from the Chair of the Northern Ireland Affairs Committee, Dr Murrison. I commend his powerful critique of successive Government failures in this area, and the commitment his Committee has shown to trying to shine a light on the issue to get movement and justice for the victims who have been repeatedly, as he has ably described, let down. I am grateful to the Committee for its report and to the Government for their response, disappointing as that was.
I will be relatively brief, but I want to make a contribution primarily because in 1996 a bomb was exploded near Canary Wharf in what is now my constituency. Two people died, as described by the Chair of the Select Committee. Many were injured and many more were adversely affected by being made homeless and by the loss of business, employment and the rest. Local residents have been campaigning for compensation since that dreadful event. Indeed, the Belfast media yesterday reported:
“Tory grandee Lord Tebbit has led a delegation of IRA victims from across Great Britain to meet Home Secretary...in their quest for justice.”
Jonathan Ganesh was part of that delegation. Although he was seriously injured by the Docklands bomb—he is one of my constituents—he has tirelessly campaigned for other victims since then. For some, any solution will be too late. As the hon. Member for South West Wiltshire described, some victims were killed in the various bombings, and some have subsequently died because of their injuries. Jonathan, among many others, was supported by Mr Andrew Mackinlay, a former hon. colleague who still takes a great interest in these matters today.
The Northern Ireland Affairs Committee report covers the history of UK-Libyan relations since the bombing and discusses compensation options. It clarifies how frustrating the issue has been for the victims, who are still waiting. As the hon. Member for South West Wiltshire described, there have been several exchanges recently between parliamentary colleagues and the Foreign Office, specifically the Foreign Secretary, to try to move the issue on. The fact that there was a meeting yesterday with the Home Secretary and a meeting last month with the Foreign Secretary indicates greater Government interest, which is no doubt very much due to the efforts of the Northern Ireland Affairs Committee.
I want to highlight three misunderstandings that I think still exist between us, in the hope that it is helpful, but first I recognise the excellent work being done in the other place by Lord Empey and supporters to address this long-standing grievance. As the Chair of the Select Committee said, we hope that his sterling efforts might yet bear fruit. The three areas of misunderstanding that I wish to address, and hope that the Minister will comment upon, are: first, the power of the UK Government to take legal action against Libya; secondly, the ability of the UK Government to compensate victims until Libya can make good its debt; and thirdly, the shape of some of the compensation.
In discussion with the Foreign Secretary, colleagues from Northern Ireland expressed the view that there was a need for a new institution there to treat the serious health issues, especially mental health and trauma issues, faced by victims. I do not want to disagree with that—I see Jim Shannon is here—and I do not know whether that is needed, but those parliamentary colleagues know their area much better than I. My point in respect of that as an issue for the Foreign Office is that it does nothing for my victims and is therefore not a complete solution.
The second point is whether the Government should fill the vacuum until the situation in Libya stabilises, after which we might be able to reach agreement on what is owed by whom. Again, that was raised by the Chair of the Select Committee. This would include the £9.5 billion of assets frozen in London and mentioned in recommendation 9 on page 5 of the report. What is most upsetting for victims is that other countries have secured compensation as outlined in the report, but our Government have not, as is mentioned in recommendation 12 on page 8.
That brings me to the third point of misunderstanding. Other countries have been able to secure payments from Libya. When we met the Foreign Secretary, I understood him to say that in the case of American victims, for example, the Libyans paid up under the threat of legal action—a threat that the USA then waived. Perhaps that is my misunderstanding of the discussion that we had with the Foreign Office, but the bottom line is that US citizens, and those of other countries, received compensation, whereas our victims are dying, or struggling to live, without any.
The correspondence of
“I was also pleased we were able to agree that…we should not call on UK taxpayer monies to establish a compensation fund…we concluded that UK Government discussions with the Libyans should focus on exploring the possibility of a fund to focus on community support, rehabilitation and reconciliation, and not on monetary compensation for individual victims”.
Colleagues who were at that meeting did not agree that we should not call on the UK taxpayer. The Government might think that it is not appropriate to do so, but some of us believe that it is. As for the focus on community support, some colleagues in Northern Ireland want some community support, as I mentioned, but that was not the focus for many of those representing mainland victims.
The Foreign Secretary went on to say:
“At our meeting, we discussed the feasibility of the UK using its veto in the UN Security Council…to prevent the unfreezing of assets until the Libyans had agreed to pay compensation to UK victims.”
He went on:
“The Foreign Office’s assessment is that it is extremely unlikely any other members of the Security Council would support such action to block the unfreezing of Libyan assets”.
I thought that the essence of a veto was that we did not need the other members of the Security Council. If the UK imposes a veto, it applies to everyone. That is one of the most powerful weapons that we have for reaching an agreement in our negotiations with the Libyans. I know that the Libyans say that we owe them money for other aspects of foreign policy, but it is a negotiation, and so far we do not seem to be entering into it.
Finally, the letter clarifies the position:
“In the US, an exception to the defence of dispositive foreign immunity was provided to enable victims to sue foreign States who are designated as being state sponsors of terrorism…the UK has no such exemption for state sponsored terrorism”.
The question that some of us were asking was why we do not have the same power in the UK, for our victims, as US citizens have for theirs. If that would take Government regulation, or legislation, I should think it would command support across the House.
In concluding I want to quote the words of Matt Jury of McCue Law, which has been involved, with colleagues, in supporting the victims over many years. I think that what he says applies to the majority of those campaigning on the issue:
“Most of us involved continue to oppose the Government’s policy on this. The Government should be espousing the victims’ claims rather than obliging them to fend for themselves. The Government should be taking proactive steps to use the leverage it has to force a resolution. Payment of compensation directly to the victims is the only satisfactory resolution…Assessing victims’ eligibility for such compensation is no barrier and can be readily done. If Libya will not settle the victims’ claims now then, as recommended by the NIAC, the Government should do so in lieu and recover such monies itself from Libya at a later date. The Government should give further consideration to the use of its veto at the UNSC to prevent the unfreezing of assets until Libya has paid compensation.”
The campaign continues. There is renewed interest from the Foreign Secretary and Home Secretary, and the Government are demonstrating much keener interest in the issue than any UK Government have done for years; I hope that indicates that they are more interested than they were in a resolution, in spite of the misunderstandings I have mentioned—on which I do not place huge importance, because everyone can take different things from different meetings. I hope that the Minister can give us some encouragement and say that the report of the Northern Ireland Affairs Committee takes us further along the road.