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'No deal' over Lockerbie bomber Governments row on bomber future
(about 7 hours later)
UK Justice Secretary Jack Straw has said "no deal" has been done with Libya for the transfer of the Lockerbie bomber Abdelbaset al-Megrahi. The Scottish and UK Governments have clashed over the future of the convicted Lockerbie bomber Abdel Basset Ali Al-Megrahi.
The Scottish Government raised concerns after reports that a £450m deal between oil giant BP and Libya was linked to a transfer. The Scottish Government raised concerns after reports that a £450m deal between oil giant BP and Libya was linked to the prisoner's transfer from Scotland.
In a letter to the Herald newspaper, Mr Straw said such a move would be a matter for the Scottish Government. However UK Justice Secretary Jack Straw has insisted that "no deal" has been done with Libya.
Megrahi is serving life for killing 270 people in the 1988 bombing.Megrahi is serving life for killing 270 people in the 1988 bombing.
He was convicted in 2001 of blowing up Pan Am flight 103 over the Scottish town of Lockerbie.He was convicted in 2001 of blowing up Pan Am flight 103 over the Scottish town of Lockerbie.
The BBC understands that Megrahi, who is currently serving his sentence in Greenock prison, would not wish to take part in any transfer deal. Exclusion required
'Sought the assurance' However in July the Scottish Criminal Cases Review Commission found his original conviction was "unsafe" and an appeal hearing is now pending.
He is awaiting an appeal hearing and has stated in the past that he only wants to leave Scotland as a free man, acquitted at the end of that appeal. Alex Salmond, Scottish First Minister, expressed concern at suggestions that Megrahi could be transferred.
Scottish Justice Secretary Kenny MacAskill accused Westminster of undermining the Scottish Government after a newspaper said Libya had ratified a contract with BP after UK ministers drafted a prisoner transfer agreement that it claimed could cover Megrahi. He claimed that the Scottish Government had previously sought, and been given, assurances that Megrahi would be excluded from any prisioner transfer deal.
Mr MacAskill told BBC Radio Scotland that the Scottish Government was previously told that Megrahi would be excluded from an agreement between the UK and Libya on the transfer of prisoners. "Mr al-Megrahi has an appeal before the Scottish courts at the present moment and that must run its course," he said.
He claimed that if Megrahi was not specifically excluded from a deal on prisoner transfer, any decision by the Scottish Government could be challenged in the courts by judicial review. "But the non-exclusion of somebody connected with Lockerbie from a prisoner transfer agreement opens up the possibility that previous commitments [that he would serve his full sentence in Scotland] once given in good faith will not be upheld."
Mr MacAskill said: "That is why we sought the assurance that Mr al-Megrahi would be specifically excluded. No deal has been done with Libya for the transfer of al-Megrahi Jack Straw UK Justice Secretary
"We were given those assurances by Jack Straw and the British Government last year. Something has changed. The only way to ensure the integrity of the Scottish legal system was to have Megrahi excluded from a prison tranfer agreement, added Mr Salmond.
"Something changed their mind between last November and now. We do think that the Scottish Government's position has been jeopardised and that the British Government have changed their position." In a letter to the Herald newspaper, Mr Straw said such a move would be a matter for the Scottish Government.
The BBC understands that Megrahi, who is currently serving his sentence in Greenock prison, would not wish to take part in any transfer deal and wants to leave Scotland only as a free man following aquittal.
Scottish Justice Secretary Kenny MacAskill accused Westminster of undermining the Scottish Government.
"Something changed their mind between last November and now. We do think that the Scottish Government's position has been jeopardised and that the British Government have changed their position," he added.
Megrahi is serving life at Greenock PrisonMegrahi is serving life at Greenock Prison
But Mr Straw stated: "No deal has been done with Libya for the transfer of al-Megrahi.But Mr Straw stated: "No deal has been done with Libya for the transfer of al-Megrahi.
"The decision on whether or not a prisoner detained in a Scottish prison is transferred to another country is a matter for Scottish ministers, not the UK Government.""The decision on whether or not a prisoner detained in a Scottish prison is transferred to another country is a matter for Scottish ministers, not the UK Government."
He wrote that the UK Government had been "clear about this fact" from the outset.He wrote that the UK Government had been "clear about this fact" from the outset.
He added that as part of the prisoner transfer agreement, an inmate could not be considered for transfer "until all outstanding legal proceedings in the sentencing state have been completed".He added that as part of the prisoner transfer agreement, an inmate could not be considered for transfer "until all outstanding legal proceedings in the sentencing state have been completed".
Anyone subject to an appeal cannot apply for transfer until the case had been heard, he said.Anyone subject to an appeal cannot apply for transfer until the case had been heard, he said.
A row previously broke out between UK and Scottish ministers after former Prime Minister Tony Blair and Libyan leader Colonel Gaddafi signed a memorandum of understanding on prisoner transfer.A row previously broke out between UK and Scottish ministers after former Prime Minister Tony Blair and Libyan leader Colonel Gaddafi signed a memorandum of understanding on prisoner transfer.
Downing Street said at the time that the agreement did not cover Megrahi, but Mr Straw later said the fate of the bomber was a "matter for discussion" with Holyrood ministers.Downing Street said at the time that the agreement did not cover Megrahi, but Mr Straw later said the fate of the bomber was a "matter for discussion" with Holyrood ministers.