Minister for the Middle East (): In March 2019, the then Foreign Secretary, the Rt
Hon MP, appointed Mr William Shawcross as his Special
Representative on UK victims of Qadhafi-sponsored IRA terrorism.
Mr Shawcross was commissioned to write an internal scoping report
on the subject of compensation for UK victims of
Qadhafi-sponsored IRA terrorism. Mr Shawcross submitted his
report in March 2020.
The Government thanks Mr Shawcross for his report. Since it was
commissioned as an internal scoping report, to provide internal
advice to Ministers, and draws on private and confidential
conversations held by Mr Shawcross, the Government will not be
publishing the report.
These important issues have needed careful and thorough
consideration across Government given the complexity and
sensitivity of the issues raised.
The UK Government reiterates its profound sympathy for UK victims
of Qadhafi-sponsored IRA terrorism and indeed for all victims of
the Troubles. We recognise the pain and suffering of victims of
violent crime, including terrorism, and provide publicly funded
support and compensation schemes for those affected.
The UK Government is clear that the primary responsibility for
the actions of the IRA lies with the IRA. Nevertheless, the
Qadhafi regime’s support for the IRA was extensive. It is widely
documented in the public domain. It involved money, weapons,
explosives and training from the 1970s onwards. It helped fuel
the Troubles in Northern Ireland and enhanced the IRA’s ability
to carry out attacks in Northern Ireland and Great Britain.
The responsibility for providing compensation specifically for
the actions of the Qadhafi regime lies with the Libyan State. The
Government has therefore repeatedly urged the Libyan authorities,
including at the highest levels of the Libyan government, to
engage with UK victims and their representatives, and to address
their claims for compensation.
However, there are clear practical difficulties in obtaining
compensation from Libya for Qadhafi-sponsored IRA terrorism. The
conflict, political instability and economic instability that
have prevailed in Libya for most of the last ten years since the
fall of the Qadhafi regime present particular challenges.
Mr Shawcross has considered these issues, including the
difficulties of defining UK victims of Qadhafi-sponsored IRA
terrorism given the extensive nature of Libyan support for the
IRA, and the range of proposals for providing compensation to
victims. The Government has reflected fully on these issues. The
Government’s considered view is that an additional, UK-funded
mechanism for providing compensation to victims of the Troubles
would not provide accountability for the specific role of the
Qadhafi regime in supporting the IRA.
Mr Shawcross also considered whether compensation for UK victims
should be funded from Libyan frozen assets in the UK. Under
international law, when assets are frozen, they continue to
belong to the designated individual or entity. Frozen assets may
not be seized by the UK Government.
In implementing financial sanctions, the UK is obliged to comply
with the relevant United Nations obligations. UN Security Council
Resolution 2009 (2011) states that the aim of the Libya financial
sanctions regime is “to ensure that assets frozen pursuant to
resolutions 1970 (2011) and 1973 (2011) shall as soon as possible
be made available to and for the benefit of the people of Libya”.
There is also no legal basis for the UK to refuse the release of
frozen assets once conditions for delisting or unfreezing those
assets set out in UN Security Council Resolution 2009 of 2011 are
met.
Therefore, regrettably, the UK has no legal basis to seize frozen
Libyan assets or to refuse the release of frozen assets. The
Government cannot lawfully use Libyan assets frozen in the UK to
provide compensation to victims.
The UK Government has also considered whether it should provide
compensation to victims from public funds, which it may
subsequently recoup from Libya. The responsibility for providing
compensation specifically for the actions of the Qadhafi regime
is the direct responsibility of the Libyan State. It is not
therefore for the UK Government to divert UK public funds
specifically for this particular purpose.
Victims of violent crime, including terrorism, occurring in Great
Britain can access the Criminal Injuries Compensation Scheme,
funded by the UK Government, subject to eligibility criteria and
time limits. Bereaved family members can access bereavement and
funeral payments. In Northern Ireland, victims have access to the
Northern Ireland Criminal Injuries Compensation Scheme. The
Troubles Permanent Disablement Scheme, to be delivered by the
Northern Ireland Executive, will provide acknowledgement payments
to people living with permanent physical or psychological
disablement resulting from being injured in Troubles-related
incidents. Details of when the scheme will be open for
applications, and how people can apply, will be published by the
Northern Ireland Executive.
The UK will continue to press the Libyan authorities to address
the Libyan State’s historic responsibility for the Qadhafi
regime’s support for the IRA.
