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What do Libyan documents tell us? What do Libyan documents tell us?
(about 10 hours later)
By James Landale BBC deputy political editor Megrahi received a hero's welcome when he returned home to LibyaBy James Landale BBC deputy political editor Megrahi received a hero's welcome when he returned home to Libya
So, what have we learned from the welter of documents published today about the British and Scottish governments' agonising over the fate of the Lockerbie bomber?So, what have we learned from the welter of documents published today about the British and Scottish governments' agonising over the fate of the Lockerbie bomber?
1) Well, a few pointers which suggest that perhaps the British government was not too unhappy that the Scottish government decided to free Mr al-Megrahi.1) Well, a few pointers which suggest that perhaps the British government was not too unhappy that the Scottish government decided to free Mr al-Megrahi.
According to the Libyans, the then Foreign Office Minister Bill Rammell told them in February that neither the prime minister nor the foreign secretary wanted Megrahi to die in prison. Mr Rammell has confirmed he did say this but made clear he did not speak to the prime minister beforehand and was "emphatic" the decision was exclusively for the Scottish government. According to the Libyans, the then Foreign Office Minister Bill Rammell told them in February that neither the prime minister nor the foreign secretary wanted Megrahi to die in prison. Mr Rammell has confirmed he did say this, but made clear he did not speak to the prime minister beforehand and was "emphatic" the decision was exclusively for the Scottish government.
On 3 August, the Foreign Office Minister Ivan Lewis wrote to the Scottish Justice Secretary Kenny MacAskill to tell him that neither international law nor previous agreements with the US or the UN would prevent Megrahi's release.On 3 August, the Foreign Office Minister Ivan Lewis wrote to the Scottish Justice Secretary Kenny MacAskill to tell him that neither international law nor previous agreements with the US or the UN would prevent Megrahi's release.
"I hope on this basis that you will now feel able to consider the Libyan application in accordance with the provisions of the Prisoner Transfer Agreement," Mr Lewis continued."I hope on this basis that you will now feel able to consider the Libyan application in accordance with the provisions of the Prisoner Transfer Agreement," Mr Lewis continued.
Interpret that as you wish.Interpret that as you wish.
2) The UK government was highly aware of the sensitivity of the case, with ministers and officials falling over themselves to make it clear to the Scottish government that it was ultimately a decision for them.2) The UK government was highly aware of the sensitivity of the case, with ministers and officials falling over themselves to make it clear to the Scottish government that it was ultimately a decision for them.
So, no conspiracy there. But at the same time, the UK government was equally explicit that when it considered Megrahi's fate, it always thought in terms of what impact any decision might have on its relationship with Libya.So, no conspiracy there. But at the same time, the UK government was equally explicit that when it considered Megrahi's fate, it always thought in terms of what impact any decision might have on its relationship with Libya.
It rarely thought it was just a case to be considered in isolation in a quasi-judicial way. For example, the Justice Secretary Jack Straw makes it explicit that excluding Megrahi from a prisoner transfer release deal would "risk damaging our wide-ranging and beneficial relationship with Libya".It rarely thought it was just a case to be considered in isolation in a quasi-judicial way. For example, the Justice Secretary Jack Straw makes it explicit that excluding Megrahi from a prisoner transfer release deal would "risk damaging our wide-ranging and beneficial relationship with Libya".
That is, of course, once Mr Straw had reached that view. The documents show in minute detail how Mr Straw changed his mind, having originally hoped Megrahi could be kept out of any prisoner transfer deal.That is, of course, once Mr Straw had reached that view. The documents show in minute detail how Mr Straw changed his mind, having originally hoped Megrahi could be kept out of any prisoner transfer deal.
3) The Libyans reneged on a deal to keep the release of Megrahi low key.3) The Libyans reneged on a deal to keep the release of Megrahi low key.
At a meeting on 10 August, the Libyan Minister for Europe told the Scots that "if Mr Al-Megrahi were to be transferred to Libya that it would be done quietly and peacefully and away from the glare of the media". Well, that was not quite the scene at Tripoli airport.At a meeting on 10 August, the Libyan Minister for Europe told the Scots that "if Mr Al-Megrahi were to be transferred to Libya that it would be done quietly and peacefully and away from the glare of the media". Well, that was not quite the scene at Tripoli airport.
More generally, nothing in the letters published earlier proves or disproves that the Lockerbie bomber was released for any reason other than out of compassion for his illness.More generally, nothing in the letters published earlier proves or disproves that the Lockerbie bomber was released for any reason other than out of compassion for his illness.
And therein lies the problem. The prime minister is "concerned", his spokesman said, that people think Megrahi was released as part of a deal over trade.And therein lies the problem. The prime minister is "concerned", his spokesman said, that people think Megrahi was released as part of a deal over trade.
Hence today's transparency. But proving a negative - that something did not happen - is always difficult.Hence today's transparency. But proving a negative - that something did not happen - is always difficult.
So instead, Downing Street simply hopes that by releasing all this information, they can take a hit and somehow move on as the story dies down.So instead, Downing Street simply hopes that by releasing all this information, they can take a hit and somehow move on as the story dies down.
The other problem Downing Street has is that there is no evidence that the British government - at any stage since relations improved in 2004 - ever made clear to the Libyans that Megrahi was not on the table, that he would never be released and should not be considered in the round of UK-Libyan relations. The other problem Downing Street has is that there is no evidence the British government - at any stage since relations improved in 2004 - ever made clear to the Libyans that Megrahi was not on the table, that he would never be released and should not be considered in the round of UK-Libyan relations.
In fact, whenever the case was raised by the Libyans, the government noted it was a matter for the Scottish government before doing everything it could to stay close to Tripoli.In fact, whenever the case was raised by the Libyans, the government noted it was a matter for the Scottish government before doing everything it could to stay close to Tripoli.
Leaders' meetingLeaders' meeting
As a case in point, witness the meeting between Gordon Brown and Muammar Gaddafi early on Friday July 8 in the margins of the G8 summit in the earthquake-stricken Italian town of L'Aquila. As a case in point, witness the meeting between Gordon Brown and Muammar Gaddafi early on Friday 8 July in the margins of the G8 summit in the earthquake-stricken Italian town of L'Aquila.
I was at the summit and remember how after the meeting N0 10 officials went out of their way to make clear the warmth of their relations. I was at the summit and remember how, after the meeting, No 10 officials went out of their way to make clear the warmth of their relations.
"Both leaders were very keen to emphasise how far bilateral relations have come," one official told me."Both leaders were very keen to emphasise how far bilateral relations have come," one official told me.
"It is a very strong partnership and they're looking forward to it becoming stronger later.""It is a very strong partnership and they're looking forward to it becoming stronger later."
At the 7am meeting, which lasted 45 minutes, the prime minister was joined by two of his most senior foreign policy advisers and a No 10 press officer.At the 7am meeting, which lasted 45 minutes, the prime minister was joined by two of his most senior foreign policy advisers and a No 10 press officer.
And yes, Col Gaddafi did raise the issue of Megrahi's release.And yes, Col Gaddafi did raise the issue of Megrahi's release.
According to my notes, the prime minister's spokesman said: "The prime minister made clear that it was a matter for the Scottish government."According to my notes, the prime minister's spokesman said: "The prime minister made clear that it was a matter for the Scottish government."
In return, the prime minister raised the question of Scotland Yard's unclosed investigation into the death of WPC Yvonne Fletcher and urged Col Gaddafi to intervene in the case of a British girl abducted by her Libyan father.In return, the prime minister raised the question of Scotland Yard's unclosed investigation into the death of WPC Yvonne Fletcher and urged Col Gaddafi to intervene in the case of a British girl abducted by her Libyan father.
Bilateral relationshipBilateral relationship
So far, so good. But the point is that these were issues raised almost as an afterthought. The meeting was as close to a love-in that you can get between a British prime minister and an unelected dictator. So far, so good. But the point is that these were issues raised almost as an afterthought. The meeting was as close to a love-in as you can get between a British prime minister and an unelected dictator.
Mr Brown, in particular, wanted to praise Libya for its decision to renounce weapons of mass destruction.Mr Brown, in particular, wanted to praise Libya for its decision to renounce weapons of mass destruction.
He wants to use Libya as a key model of best practice for other countries when he attends a summit on nuclear non-proliferation held by President Obama next year. He wants to use Libya as a model of best practice for other countries when he attends a summit on nuclear non-proliferation held by President Obama next year.
Hence the laudatory remarks by the PM's spokesman: "The PM expressed his admiration and continued gratitude for the brave decision that Col Gaddafi had taken in relation to Libya's nuclear programme. It is.. important that we find ways to persuade other countries to follow Libya's example."Hence the laudatory remarks by the PM's spokesman: "The PM expressed his admiration and continued gratitude for the brave decision that Col Gaddafi had taken in relation to Libya's nuclear programme. It is.. important that we find ways to persuade other countries to follow Libya's example."
Both leaders agreed on the need for "better dialogue" between consumers and producers of oil. On Africa, both men "strongly shared the view" that Africa needed to be better represented in international organisations. And on health, both men agreed that Britain and Libya would work together to share more expertise.Both leaders agreed on the need for "better dialogue" between consumers and producers of oil. On Africa, both men "strongly shared the view" that Africa needed to be better represented in international organisations. And on health, both men agreed that Britain and Libya would work together to share more expertise.
The tone of this meeting and the letters released today is of a British government keen to improve relations with Libya and hoping that nothing would stand in the way.The tone of this meeting and the letters released today is of a British government keen to improve relations with Libya and hoping that nothing would stand in the way.