Libyan-sponsored IRA Terrorism — House of Commons, 2018-05-10
Topic: International Affairs
Laurence Anthony Robertson (Conservative, Centre-right): The hon. Lady is a valuable and active member of the Committee and she took part in the inquiry to which I refer. I will touch on the issue she raised in a moment because it is a very important point In the 2000s, compensation was secured for the families of the Lockerbie bombing victims, and in 2004 we had the first visit to Libya by a British Prime Minister for 60 years. That visit was accompanied by the announcement that Shell had signed an agreement worth up to £550 million for gas exploration rights off the coast of Libya, yet there was still no sign of compensation for these victims. For our inquiry, the extent to which the Government of the day were aware of the campaign to seek compensation is unclear. Nevertheless, I believe the UK Government missed a vital opportunity during this period of improved relations to act on behalf of IRA victims The situation is even more disheartening for victims when we look to the achievements of the US, French and German Governments in securing compensation for their citizens. Because of the French Government’s threat to veto the lifting of UN sanctions on Libya, Libya agreed to pay the French Government $170 million in respect of the 170 people killed following the bombing of UTA flight 772 in 1989 The Committee also examined the exclusion of the UK victims of Gaddafi-sponsored terrorism from the terms of the US-Libya claim settlement agreement in 2008 as another missed opportunity for UK victims. Although the then UK Government claimed they had made representations to the US for the victims’ inclusion, we received no evidence of the level at which they had been made and with what force. It was explained that the US was unable to include UK victims in the agreement for several legal reasons, including that neither international law nor US law allows the US to espouse the claims of foreign nationals. However, this was contested during Committee evidence sessions, when it was suggested that that was not a matter of law but rather a matter of US Government policy. My primary concern, however, is the actions of the UK Government and I do not believe that, on the two occasions I have outlined, enough was done to put forward the claims of victims As the Gaddafi regime crumbled in 2011, the UN imposed financial sanctions on several individuals and entities involved in or complicit in the commission of human rights abuses in Libya. In September 2017, it was established that £12 billion of assets from the Gaddafi regime remained frozen within the UK’s jurisdiction. Currently, the UN resolutions, and the EU regulation which enforces them in the UK, provide no option for the UK Government to use frozen Libyan assets for the purposes of compensation. Disappointingly, there is no evidence that the UK Government raised the issue of compensation at the point when the assets were frozen. This is particularly frustrating, as there are precedents for the use of frozen assets to compensate victims. For example, $225 million of former President Marcos’s assets seized in Swiss bank accounts have provided reparations for victims of human rights abuses in the Philippines The Select Committee asked the Government to consider the use of frozen assets to compensate victims and to contribute towards community support. At the time, we were very disappointed by the Government’s rejection of recommendations made, and a number of Members, including myself and the new Chairman of the Select Committee, have continued to engage with the Foreign Secretary on this issue. However, to date, the Government have unequivocally ruled out the use of these assets for compensation and the potential use of our veto at the UN Security Council for the purpose of securing compensation. Today, we ask that the Government take a fresh approach to this issue and explore all options available to acquire the international authority to use a proportion of the Libyan assets frozen in this country to compensate victims and to set up support projects in the communities affected I do, of course, recognise that there are victims of Gaddafi in Libya, as well as in the UK, and I emphasise that the assets I refer to are the assets of those involved in human rights abuses in Libya and not those of innocent Libyans. The funds seized and frozen in this jurisdiction and across others have a role to play in contributing to the rebuilding of Libyan society and in helping the people who have suffered there to rebuild their lives. However, there is still a responsibility to deal with the legacy of the Gaddafi Government and the pain and suffering caused in the UK. I believe we should pursue these funds to do so I am realistic and recognise that since the fall of the Gaddafi regime Libya has faced insecurity and political instability, which has hindered progress on a number of issues, including compensation. I welcome the fact that, when the Foreign Secretary visited Tripoli in May and August last year, he raised this issue with the Prime Minister. To reply to the intervention from the hon. Member for North Down (Lady Hermon), I understand that that is the extent of what happened, although the Minister may correct me on that. I hope that this issue will continue to feature in the discussions that the Government have with the Libyan Government. I ask the Government to pursue this Government-to-Government approach where possible, rather than viewing this as a matter for individuals to deal with themselves. They simply cannot do so. The continued perseverance of the victims and their families shows strength and resolve, but they should not have to pursue this very difficult issue alone, and I ask the Government for their support in that When conducting our inquiry, we were repeatedly told by Ministers that it was difficult to move this issue on because there was no functioning Government in Libya to deal with, and as soon as one were established, a more determined approach would be taken. However, that has not happened, and the relatives have suffered for too long. That is why, supported by many hon. Members, we are suggesting today that the Government assess the origin of the frozen assets to determine how much of them were effectively lodged by the then Libyan Government, as opposed to being investments made by private individuals. We suggest that the Government then seek international permission to use those assets to compensate the victims of Libyan-sponsored IRA terrorism, to compensate their relatives and to support the communities where the attacks took place In the Prime Minister’s address to the Conservative party conference last October, she said that one of her main motivations in politics was to try to "root out injustice", yet this example of a major injustice remains and rages. Now is the time to act.