Victims of Libyan-sponsored IRA Terrorism: Compensation

Debate between Tobias Ellwood and Andrew Rosindell

Tuesday 13th September 2016 Westminster Hall

[Andrew Rosindell (Romford) (Con)]

It is a pleasure to serve under your chairmanship, Ms Ryan. I commend my hon. Friend the Member for South Suffolk (James Cartlidge) for bringing this matter to the Floor of the House and for the extremely valuable contributions that he has made to the parliamentary support group for United Kingdom victims of Libyan/IRA terrorism. I thank all hon. Members for their support for this very important and worthwhile cause.

I would like to refer directly to the debate earlier this year initiated by the hon. Member for Poplar and Limehouse (Jim Fitzpatrick), in whose constituency the docklands bombing took place in 1996, and to some of the answers given by the Minister who replied to that debate, in the hope that the Minister today will consider different responses to the issue. The Minister in that debate, my hon. Friend the Member for East Hampshire (Damian Hinds), tried to claim that the issue of compensation in this case was different from others. I would like to address directly some of his points and explain why I and members of the parliamentary support group believe that the UK should obtain compensation for the victims. I appeal to this Minister to rethink how the Government approach the issue.

The Minister in the previous debate implied that victims of bombs that contained Libyan-supplied Semtex should be somehow treated differently, as those bombings were indirect acts of state agents from Libya. Of course, the Lockerbie bombing victims were treated as victims of direct actions by Libyan agents. Why are the two types of terrorism treated differently? To me, that makes no sense, and I doubt that uncompensated victims will agree with such meaningless distinctions between the two types of terrorism.

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

First, I want to make it clear that this is a passionate debate and very important points have been made, but the Lockerbie bombing was directly linked to the Libyans. Where things become difficult is when a third party is involved in state sponsorship of terrorism. That is the distinction that we find. I am not saying that we should not pursue this issue. I am actively doing that and doing my best to do it, but it is not as clear-cut as when an aeroplane is taken out of the sky deliberately by the Libyans themselves. That was the link that the Americans made in seeking compensation. In addition to that, they wrapped into the compensation package other events as well, just to conclude the entire deal. That made it extremely fuzzy, but the US managed to succeed in doing that. I question why the Government of the day in this country did not do something similar.

[Andrew Rosindell]

I hear what the Minister says, but the reality is that if someone is a victim of terrorism, they are a victim of terrorism and the UK Government have a responsibility to act and ensure that there is fairness and that compensation is paid.

The reason why Gaddafi supplied the IRA was to retaliate against UK policy at the time. The Libyan regime may have used the IRA to do its dirty work, but it was a political decision by Tripoli, and Her Majesty’s subjects were harmed as a result.

The Minister at the time of the debate earlier this year, my hon. Friend the Member for East Hampshire, also stated that the US victims received compensation because Libya approached the US directly and Gaddafi wanted to be readmitted “to the international fold”. The facts are that in January 2008 the US Congress passed a law that allowed victims of Libyan terrorism to enforce their damages against Libyan assets held by US companies. The end result was the 2008 US/Libya Claims Settlement Agreement. Why did the United Kingdom not pursue a similar approach? Why did Britain not make it a condition of its détente with Libya that the compensation issue had to be resolved? If this gave the United States a bargaining chip with the Gaddafi regime, that begs the question why the UK did not raise this when the Prime Minister at the time, Tony Blair, travelled to Tripoli in 2004 and 2007. Surely the UK should have used opportunities such as those visits to raise this vital issue for UK victims too, and to negotiate a settlement with Libya. Why did that not happen?

[Mr Ellwood]

I am grateful to my hon. Friend for giving way again. The Select Committee needs to invite Tony Blair to stand in front of it and answer those questions. That is what I would encourage the Select Committee to do and I am aware that its Chair is here listening to this.

[Andrew Rosindell]

I hope that the former Prime Minister will make himself available to the Committee, but that is a matter for the Select Committee. I would like to address what our Government can do today to help the victims of that terrorism.

There have been multiple opportunities to raise this with the new Libyan Governments following the fall of the Gaddafi regime. Given our offer of financial and military assistance as well as trade, why has this not been pursued at the same time? My hon. Friend the Member for East Hampshire also said that one of the reasons the Lockerbie bombing claimants received compensation was that they had the support of a United Nations Security Council resolution, so why should the UK not be lobbying the Council for the same support?

Lastly, I refer to the point made by the former Minister, my hon. Friend the Member for East Hampshire that:

“The Libyans see themselves as victims of Gaddafi, not the bearers of his legacy.”—[Official Report, 23 February 2016; Vol. 606, c. 33WH.]

That, too, is no excuse not to proceed. The UK victims of Libyan-sponsored IRA terrorism are also victims of Gaddafi. It is clear that if the victims are to receive any kind of justice and compensation, Her Majesty’s Government urgently need to consider two options. Either Her Majesty’s Government accept that they have failed to defend the interests of their civilians and pay compensation directly to the victims, or the Government agree to pay compensation in an interim period, to prevent victims waiting any longer, with the intention of recovering that money from those responsible when the time is appropriate. The point underlying those options is that the victims should receive compensation as soon as possible.

With regard to the first option, the Government must accept some responsibility for the fact that the victims have not received compensation up to now. Nobody has received one single penny, and that should not be acceptable. It is the responsibility of the UK Government to protect UK citizens from international terrorism and, in the case of failing to secure compensation for victims of Libyan-sponsored IRA terrorism, they have failed. It is true that Libya is currently an unstable state, and that setting up negotiations with the Libyan Government would be difficult, but this is the fault of the UK Government for not having attempted such negotiations before 2011. Her Majesty’s Government must surely not miss any opportunity to raise this issue with the Government of Libya—fragile or not—today. Will the Minister assure the House that this will now happen?

The second option is for Her Majesty’s Government to espouse the claims by paying the victims compensation themselves, with the objective of recovering the money from Libya through either negotiations or the use of frozen assets. That would allow for the current instability in Libya, but address the fact that the victims have been waiting too long and indefinitely. We have a responsibility to obtain compensation for the victims as soon as possible, not years down the line when many may no longer be with us. Additionally, the UK Government should allow the UN and the EU to change the current licensing framework so that frozen assets can be used to recover the money. I understand the challenges that such a task would involve, but it would send a strong signal, at home and abroad, that the UK supports its victims of terrorism and that they will not be abandoned.

Until now, it is clear that the UK Government have not done enough to support the UK victims of Libyan-sponsored IRA terrorism. The Foreign and Commonwealth Office unit that was set up by Gordon Brown’s Government appears to have done little for the victims, apart from provide them with false hope. The Department holds the policy of not espousing private claims, but these are not simply private, because their cause is tied up with international politics. This is an abdication of its moral and legal responsibility and I do not believe that Members of this House should accept it for one moment longer. I say to the Minister that Her Majesty’s Government have a duty to act immediately to secure compensation for the long waiting, and greatly deserving, victims of these atrocities.