Government criticised for shelving report into IRA victim compensation

The author of an official government report into compensation for IRA victims has said he is "surprised and disappointed" after its conclusions were shelved by ministers.

William Shawcross, a former charity commission chair, had been tasked with looking into whether Libyan assets could be seized and given to victims in recognition of the role of former dictator Colonel Gaddafi in arming the group.

The report was submitted a year ago without eliciting a response from government, but in a statement to parliament this week Foreign Office minister James Cleverly suggested no immediate action would be taken and the report would not be published.

“Mr Shawcross was commissioned to write an internal scoping report on the subject of compensation for UK victims of Gaddafi-sponsored IRA terrorism. Mr Shawcross submitted his report in March 2020," Mr Cleverly said.

“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.”

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The minister attributed the delay in responding to “careful and thorough consideration across government given the complexity and sensitivity of the issues raised”.

But he said “the responsibility for providing compensation specifically for the actions of the Gaddafi regime lies with the Libyan State” as it would breach international law for the UK to take unilateral action.

At a hearing of parliament's Northern Ireland affairs committee on Wednesday following the statement, Mr Shawcross confirmed that the report was never intended to be published – a revelation which appeared to surprise some of the MPs at the hearing.

But he indicated that he was not happy with the government's response and said he had hoped further action would be taken on the basis of the report.

"I was surprised and disappointed. I had been told very shortly beforehand that a written ministerial statement was to be made. I had not been told in any form what the content of that statement would be made," he said.

"In an ideal world I would like my report to be built on, and further work to be done on the basis of it, if that were deemed to be possible.

"Now, obviously at the moment the Foreign Office has decided that that is not possible, perhaps because of the restrictions and the horror of Covid in the last year – and I'm sure that's a big factor in everybody's decision making at the moment. But yes, my report was, was, if you like, I saw it as a step, not an ending."

He added that there was "room to do more work on the basis of the report that I have delivered".

The author said ministers had not contacted him about the report since he submitted it, and that he had only had a brief video call conversation with the minister Mr Cleverly about it at his own instigation.

He apologised to the committee for being unable to give more details about the contents of the work, which he said he was bound not to reveal by his mandate from the government. He however added that he had been careful to avoid using the names of people he has spoken to during the course of his inquiry.

Victims groups have argued that tax generated from already frozen Libyan assets should be given to victims rather than kept by the Treasury. The revenue was estimated to around £17 million in 2019.

Matthew Jury, managing partner at McCue & Partners law firm, told the Daily Telegraph newspaper: “Tea and sympathy is not enough. The US, France and Germany all leveraged their relationships with Libya to ensure their victims of Libyan terrorism were compensated.

"The fact that the UK is unable or unwilling to do so should be a continuing source of shame and a national embarrassment. Two years have passed since Mr Shawcross was appointed and we are no further forward.”

Innocent Victims United, which campaigns on behalf of victims, also criticised the ministerial statement. Kenny Donaldson, as spokesperson for the group, told the newspaper: "For two years the UK Government has been responsible for heaping further pain upon those already treated so shamefully.

"The Shawcross Report can't even be described as a 'whitewash' because it continues to be held back from victims, the full contents remain hidden.”