HL Deb 14 November 1991 vol 532 cc662-6

3.52 p.m.

The Minister of State, Foreign and Commonwealth Affairs (The Earl of Caithness)

My Lords, with the leave of the House, I shall now repeat a Statement made in another place by my right honourable friend the Secretary of State for Foreign and Commonwealth Affairs about the conclusion of the Lockerbie investigation and its implications. The Statement is as follows:

"Mr. Speaker, with permission, I should like to make a Statement about the conclusion of the Lockerbie investigation and its implications.

"My noble and learned friend the Lord Advocate has today announced the issue of a warrant for the arrest of two Libyan intelligence officers against whom, on the basis of the evidence available, the Procurator Fiscal has brought charges alleging their involvement in the destruction of Pan Am Flight 103 on 21st December 1988. The American authorities have taken similar action. The text of the warrant and of the Lord Advocate's announcement are being placed in the Library of the House.

"Two hundred and seventy people were killed at Lockerbie. The relatives and friends of these victims have suffered and continue to suffer great pain and sorrow. The House will be thinking of them today.

"As the Lord Advocate has said, a demand is being made of the Libyan authorities for the surrender of the accused to stand trial. I repeat that demand on behalf of the whole Government. I know the House will unreservedly endorse it.

"The accusations levelled at Libyan officials are of the gravest possible kind. As the warrant which the Lord Advocate will be making public makes clear, the charges allege that the individuals acted as part of a conspiracy to further the purposes of the Libyan intelligence services by criminal means and that those means were acts of terrorism. This is a mass murder which is alleged to involve the organs of government of a state. Libyan officials have been accused of such a crime not only in Scotland and America but also in France where arrest warrants were issued on 30th October over the destruction of Flight UTA 772 in September 1989. We are consulting the United States and other friendly governments, many of whom lost nationals in Pan Am Flight 103, about the next steps.

"I understand that the investigation has revealed no evidence to support suggestion of' involvement by other countries.

"Let me pay tribute to all of those whose untiring work under the direction of the Lord Advocate over almost three years has produced this remarkable outcome. In particular, I salute the work of the Dumfries and Galloway Constabulary and all those in many parts of the world who have helped with the gathering of evidence and information. The Government are grateful for all the help given to the investigation in many countries.

"We expect Libya to respond fully to our demand for the surrender of the accused. The interests of justice require no less. This fiendish act of wickedness cannot be passed over or ignored." My Lords, that concludes the Statement.

3.55 p.m.

Lord Cledwyn of Penrhos

My Lords, we are grateful to the noble Earl for repeating the Statement and vie welcome this important development which takes place after nearly three years of intense and dedicated work by all concerned. The relatives and friends of the victims of this dreadful crime are very much in our minds at this time.

As the House will appreciate, it would not be proper for us to discuss the merits or otherwise of the charges at this time. That will be decided by a court when and if those who are accused are brought before a court. We do of course strongly support the demand of the Lord Advocate that the accused be surrendered to stand trial.

I have one short question to put to the noble Earl. The position is that the sheriff in Dumfries has issued a warrant and further that an indictment has been handed down by a grand jury in Washington. Can the noble Earl say how the warrants will be enforced if Libya refuses to hand over the two individuals named? If he is not in a position to answer that question now, may I assume that his right honourable friend will keep us informed of developments over the next few days?

Lord Hooson

My Lords, I share entirely the sentiments expressed so adequately by the noble Lord, Lord Cledwyn, on this matter and also repeat the hope that the Libyan Government will co-operate. It was a dreadful thing for 270 people to be killed in a terrorist attack of this kind and we think of the implications for their families everywhere.

I have a different question to ask the noble Earl. The Statement claims that there was evidence of a conspiracy but that there was no evidence to support suggestions of involvement by other countries. Can he, however, tell us whether there was evidence of the involvement of individuals of other nationalities; that is, of nationalities other than Libyan? Was there any evidence of assistance being rendered in other countries by people of nationalities different from the two Libyans concerned?

The Earl of Caithness

My Lords, I am grateful for the words of the noble Lord the Leader of the Opposition, Lord Cledwyn of Penrhos, and of the noble Lord, Lord Hooson. Our thoughts are very much with the families. I am grateful for the strong support that both noble Lords have given to the actions of my noble and learned friend the Lord Advocate.

With regard to the question posed to me by the noble Lord, Lord Cledwyn, as a first step we expect Libya to respond promptly and positively to our demand for surrender of the accused and we await that response. Today the announcement concerns the judicial process. We shall then have to decide urgently—and we are considering this—what further steps may be needed. We are in close consultation, as I said, with the Americans on this. I can, however, assure the noble Lord that we shall keep the House fully informed as matters progress. I can also confirm that copies of the warrant and of the Lord Advocate's announcement, to which I referred in the Statement repeated on behalf of my right honourable friend the Secretary of State, will be placed in the Library of this House.

With regard to the question posed by the noble Lord, Lord Hooson, we have no evidence about individuals from other countries being involved.

4 p.m.

Lord Mackay of Ardbrecknish

My Lords, I am sure that no Member of your Lordships' House can ever forget the unfolding horror of that evening, especially those who know Lockerbie. Does my noble friend agree that our noble and learned friend the Lord Advocate, for the tenacious manner in which he has pursued this case, deserves our congratulations, as indeed does the very small police force of Dumfries and Galloway, on which the awful event was visited that night? The police dealt not only with the immediate aftermath but also carried out the investigation. I would mention particularly the chief constable, John Boyd, who was at the time responsible, and also George Esson.

While today's announcement is certainly successful in so far as it goes, we shall only really have success in this affair when the two Libyans responsible are in the dock being tried, either in Scotland or in the United States of America. Will my noble friend ensure that not only this country and the United States but all civilised countries bring every possible pressure to bear on Libya to release those two evil men up to justice, and that if Libya does not do so she will be treated as an international leper?

The Earl of Caithness

My Lords, I am most grateful for the words of my noble friend Lord Mackay, who knows the area well. I shall certainly pass them on to my noble and learned friend the Lord Advocate. In addition to congratulating the Dumfries and Galloway police I should also like to mention the forensic service, without which the Lord Advocate would not have been able to take matters as far as he has. I can assure my noble friend that we are working closely with all friendly governments on the matter. It is worth recalling that there were not only Americans and Britons on the plane; there were French and German nationals among the victims as well as citizens of other countries.

Lord Macaulay of Bragar

My Lords, I endorse everything said by those who have contributed. It is unfortunate that the noble and learned Lord the Lord Advocate is not in his place but I fully understand why he is not here. He is simultaneously issuing a statement in Edinburgh, as Scotland has been, to use the jargon phrase, the nerve centre of this inquiry. It is quite understandable that he should be there dealing with the interest expressed in this event which he himself described as a unique criminal inquiry.

In his statement the Lord Advocate describes the work of the forensic scientists as "extraordinary". From the little knowledge I have of that work, "extraordinary" may be too modest a word for the meticulous work which has been carried out by the scientists. I do not propose to substitute another word, but "extraordinary" is perhaps rather modest.

During the three years of this inquiry we on this side of the House have taken extreme care not to do or say anything which might in any way have prejudiced the course of the investigation and any subsequent proceedings. We shall continue to pursue that course as matters develop. It would be wrong to let this occasion pass without congratulating the Lord Advocate on his part in the investigation. I endorse the words of the noble Lord, Lord Mackay. The Lord Advocate has supervised not a local inquiry but an international investigation and has done so with diligence and dedication while under many pressures from various sources, press and otherwise. The dignity and authority with which he has conducted the public aspects of the inquiry have brought great credit to the office of Lord Advocate, and the whole proceedings to date have, I am certain, enhanced the reputation of the Scottish police and the Scottish legal system not only in the United Kingdom but throughout the civilised world.

Before I conclude my remarks, perhaps I may make two points. The Lord Advocate closed his statement in Edinburgh today with these words: I must remind the media that, for the purposes of the Contempt of Court Act 1981, proceedings became active when the Sheriff granted warrants for arrests. The chief constable and I cannot and will not comment on the evidence on which these charges are based". I draw that to the attention of the House in case some extravagant words are used in the course of exchanges on these charges which could seriously prejudice any trial which may take place in the future.

I have one final point. We heard in the Statement that, Libyan officials have been accused of such a crime not only in Scotland and America but also in France where arrest warrants were issued on 30th October over the destruction of Flight UTA 772 in September 1989". I presume that that is another aircraft and not Pan Am Flight 103. What response has been received from the Libyan authorities in respect of the arrest warrants which have been granted in France?

The Earl of Caithness

My Lords, I am grateful for the kind words of the noble Lord, Lord Macaulay, regarding my noble and learned friend the Lord Advocate and all those involved in this international investigation. I can confirm that Flight UTA 772 was a different flight from the Pan Am flight. The incident occurred some 10 months after the Lockerbie disaster. Some 170 victims were involved. Warrants for the arrest of four Libyan officials were issued by the examining magistrate on 30th October and the French authorities are pursuing the matter. I am unable to tell the noble Lord any more at this stage.

Lord Macaulay of Bragar

My Lords, before the noble Earl sits down, does that mean that there has been no response from the Libyan authorities?

The Earl of Caithness

My Lords, it means that I am unable to tell the noble Lord more at this stage.

Lord Macaulay of Bragar

My Lords, perhaps the noble Earl will keep me in touch.