This article appeared in PI focus, March 2010, Volume 20
Issue 3
By Jill Greenfield
The Government has recently announced that
legislation is to be implemented introducing a Scheme to compensate
British victims of terrorism abroad. Currently the CICA
Scheme covers only those involved in criminal activities including
terrorist bombings if they occurred within the UK.
In 2005, the victims of the Sharma-el-Sheik
bombing contacted me. They were already in contact with Lovells
Pro-Bono Unit head, Yasmin Waljee. They had returned to the
UK with serious injuries and with little practical and no financial
support. They were aggrieved by the lack of
support.
The Sharma-el-Sheik bombing was closely
followed by the Kusadasi terrorist bombing in which a whole family
suffered dreadful injuries. Whilst travelling on a minibus, a
bomb exploded beneath their seats. This caused catastrophic
injury and Helyn Bennett, died. All required hospital
treatment and, upon return to the UK, found themselves in a
position where they were unable to work and financial placed in a
very difficult situation.
We have litigated for this family in Turkey
and earlier this year obtained a judgement for over £1million
against the Turkish Authorities. We judicially reviewed an award
made under a scheme set up in Turkey and seemingly won. In fact,
the Turkish authorities have decided to appeal this decision (even
though they failed to attend a key hearing in July 2009) and yet
further litigation will no doubt now be needed. It was always clear
to me that litigation at an international level against Governments
could not be seen as a solution to the problem.
A review of support for victims of terrorism
was carried out and provided interesting results. Many other
countries provided financial support for their citizens when caught
up in such atrocities even when occurring outside their own
country. The view was that to not support such victims would lead
to “economic terrorism”, allowing terrorism to filter further into
society and allowing the terrorists not only to have caused
physical injury but then lead on to yet further hardships. By
failing to support the victims you were allowing terrorism to reach
ever deeper into society. Some very interesting and useful
information was available from Israel who, having long been victims
of terrorism had set up a scheme in the 1960’s for this very
reason.
It was clear that any campaign had to have
political backing. Lord Brennan QC agreed to help and to lead
the campaign. A plan was quickly put together in which it was
decided that the media campaign would continue but that, in
addition, a Private Members Bill should be introduced in the House
of Lords. Gordon Nardell, a Barrister and previously a
Parliamentary Draftsman, drafted the Bill with guidance from
myself, Lord Brennan QC and Yasmin Waljee. The view was that
these individuals should not bear the responsibility of what in
essence was an attack on our Society and that any Scheme should be
on a par with the CICA Scheme.
The reading of the Private Members Bill in
the House of Lords in 2007 resulted in very good debate but to get
the matter into the Commons was quite a different matter.
Months of lobbying continued with very many people involved,
victims, family members, various Politicians and Ministers. The
victims of the Mumbai terrorist atrocity highlighted the disparity
yet again.
Fortunately, Tessa Jowell and her
Department, DCMS, were supportive of the issues and asked for a
series of meetings with various interested parties. There was
much work by the Government as to how such a Scheme could work.
Finally the announcement was made in the
Commons by Alan Johnson in January of this year. A Scheme is indeed
to be introduced and that this will mirror the CICA. Parity
of treatment should be achieved. In addition to the basic
Scheme, those victims of previous bombings from 2002 which includes
Bali, Egypt, Sharma-el-Sheik and Mumbai, will receive ex-gratia
payments.
There is still a long way to go. The
Bill has to pass through Parliament and, of course, we have an
election looming. However, the Bill is part of a larger Bill,
the Crime & Justice Bill and it is hoped that given the Bill
has such serious priority within the Parliamentary debates that it
should be pushed through quite quickly. It will then require
Royal assent but we would hope that the Scheme will be in place by
the autumn.
Jill Greenfield
is a partner in our personal injury
department. She has been involved in a number of international claims.