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Newsweek Scotland - a look at the Megrahi release affair

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Derek BatemanDerek Bateman|12:17 UK time, Friday, 11 February 2011

We're having another tilt at the Megrahi release affair this week and trying, as ever, to think laterally. Buried in the flurry of emails between governments and ministers was the observation among Westminster cognoscenti that Kenny Macaskill had apparently been prepared to consider including Megrahi in London's Prisoner Transfer Agreement (although that was always in London's gift, not Edinburgh's) if concessions were made to Scotland on the cost of paying for slopping out in prisons and in granting Scotland powers over air weapons. That was frankly rebutted by the SNP as a misunderstanding but it caused outrage in media circles and at the very least, it was calculated to make you ask yourself if it could be true.



So we did just that. You can play too.

Set your own political affiliations aside, and imagine Macaskill standing up at Holyrood and announcing: "I have today agreed to let the British Government send the Lockerbie bomber home to Libya under a transfer agreement and in return have secured the ground-breaking concession of control over air guns."

Does that sound...well, a bit limp? You have to admit it is, at best, unlikely. Not only would world opinion crash around their heads, they would be a laughing stock for trading so low.

However, Newsweek is wondering if there could there be another explanation. Suppose in the early days of a new administration - the first ever SNP Government - in 2007 and a year BEFORE al-Megrahi was diagnosed with cancer, Macaskill suddenly realised he was holding the golden key that London was craving. Al-Megrahi was the one component that could unlock massively lucrative deals for British companies....deals worth billions of pounds and thousands of jobs, especially for BP. The British Cabinet was pressing for an answer.

Would it really have been unconscionable for a politician to explore the possibilities in private discussion just how far London might move - to see just what consequential benefits might flow from London's desperation to deal with Gadaffi? Isn't that exactly what politics is about and isn't it true that deals and accommodations are done all the time? The Lib Dems are now skewered for their decision on tuition fees with the Conservatives for example. And what about the freeing of convicted murderers in Northern Ireland under the Peace Process? Unpalatable, yes, but sometimes you swallow hard in the greater good.

The wreckage of PAN AM Boeing 747 flight 103, which exploded over the Scottish town of Lockerbie, after a terrorist bomb on 22/12/1988

The wreckage of PAN AM Boeing 747 flight 103, which exploded over the Scottish town of Lockerbie, after a terrorist bomb on 22/12/1988

As for the awkward matter of handing the power of release back to London...well, Megrahi was in Scottish custody because Pan Am 103 came down over Lockerbie but its wheels last left the earth in London, it had travelled from Frankfurt, more than half the passengers were American, the rest were from 20 different countries, the Crown claimed the bomb was put aboard in Malta....terrorism is global. And in the interests of British foreign policy and the British economy, why shouldn't the SNP show a theoretical willingness to co-operate and include Megrahi in a PTA, asking that certain safeguards on his treatment be respected and insisting that it was a one-off initiative? They are adamant their line never varied, but....

Then suppose that instead of minor concessions, the British Government delivered something huge to Scotland like control over a slate of taxes (an early version of Calman) and a promise no attempt would be made to build nuclear power stations on Scottish soil. You can make up your own favourite concessions. If Macaskill was fencing to see how strong his negotiating position was, does that make him a traitor? Finally, no deal was done, perhaps because Alex Salmond squashed any further move. Is all that more plausible than two sides claiming only their version is true? You can decide on Saturday when we examine the moral issues raised by life in government with Gerry Hassan who adds an intellectual edge to political analysis and Robin Wilson, an analyst who examined prisoner release for Mo Mowlam.

And still on Megrahi, I think we were on the money last week in asking Christine Grahame if the Parliament should legislate to allow full disclosure of the investigation by the Scottish Criminal Cases Review Commission which found the bomber may have suffered a miscarriage of justice. On Newsnight on Thursday Alex Salmond said he planned to do just that, if re-elected. But enough Megrahi.

We're also into child care this week. I dropped off my two at nursery and rushed into work to interview a London journalist who literally works only in order to pay for her childcare. All her earnings pay for a nanny but she does it to keep herself in the jobs market. A new report found that Scots pay the most outside London for childcare and frankly we all cough up the equivalent of a second mortgage. Is that fair? In the UK we pay 33 per cent of net income on childcare...in Portugal it's 4 per cent...the OECD average is 13 per cent. We look at Denmark where they pay just 8 per cent and where the whole culture and cost are different with the State playing a huge part and women are able to work full-time. Can we learn from them?

Angus Macleod and Iain MacWhirter toss around the mixed salad that was the Scottish Budget and ponder on Labour's isolation in the Holyrood chamber. To vote against measures they themselves promoted (not for the first time, if you remember their apprenticeships amendment last year) looks perverse. Or are they manoeuvring themselves to be the only ones standing out against Con Dems? This looks like a gamble, giving ammunition to the SNP. Perhaps a Labour NO too far?



We again cover the astonishing stand-off in Egypt where the images of solidarity are truly inspirational and sympathise with bankers who are under such strain hiding their salaries and justifying their bonuses (possibly). Now if one of those bankers could just help met out with the cost of childcare....

Newsweek Scotland is broadcast on BBC Radio Scotland every Saturday, 0800-0900.

Comments

  • Comment number 1.

    Certainly lots of tasty fare in there! I look forward to it.

  • Comment number 2.

    Jack Straw's letters to Des Browne certainly make it plain that Jack believed that Kenny MacAskill had linked Somerville (Slopping out) and airguns to the PTA and what Straw discussed with Des Browne in the letters was the Somerville Case and airguns but not the release of Megrahi and nothing like Fiscal Autonomy.



    It's also quite plain in the Cabinet Office PDF that HMG was convinced that any deal was about inclusion of Megrahi in the PTA with no SNP objection not to his release.



    "14. Subsequently it is clear that HMG's understanding was that a PTA without any exclusions might be acceptable to the Scottish Government if progress could be made with regards to ongoing discussions relating to liabilities for damages under the Scotland Act for breaches of Human Rights (the "Somerville" judgment), and devolution of firearms legislation."



    The whole conversation about concessions between Straw and Browne is bookmarked at the start by a letter from Kenny MacAskill on 06/12/2007 saying the Scottish Government wants Megrahi excluded just as they always have and bookmarked at the end by Jack Straw including Megrahi in the PTA on 19/12/2007 as he was entitled to do under his powers as Justice Secretary.



    When looked at in the light of Kenny MacAskill's letter and Jack Straw's power to include Megrahi whether or not the Scots wanted it the conversation between Straw and Browne about negotiating for concessions is a little odd but Jack's got it into his head that he could get Kenny MacAskill to agree to no Megrahi exclusion in the PTA if he gave him Somerville and Airguns. It's quite possible that it was Jack Straw not Kenny MacAskill who made the linkage between the PTA, Somverville and control of airguns in the belief that because the issues were raised in the same conversation then there was a link.



    In his letter of the 13th of December to Des Browne Jack Straw is clear again that this is just about including Megrahi in the PTA.



    As we discussed, the Scottish Executive has an absolute right to refuse to transfer any prisoner in any event and there is therefore no need to name specific individuals in the PTA. Doing so is a departure from the wording of the standard PTA



    So in summary,

    1. There's no record, even in the note of the 2nd December discussion of a deal.

    2. Jack Straw's concessions discussed in the letters are Somerville and airguns.

    3. Jack Straw believes that these could be used to get the Scots to agree to include Megrahi in the PTA without having to override them.



    The total cost of the compensation for slopping out if there was no time limit was estimated at around £50 Million. The idea that Kenny MacAskill was willing to put the SNP's reputation and his career on the line for something like a 0.2% hit on the Scottish budget is laughable. Especially as any outrage in Scotland about compensating prisoners could be laid directly at the failure of the Labour government in Westminster to legislate.



    The best explanation is that Jack Straw made the linkage between the PTA, Somerville and airguns because they came up in the same conversation. As the SNP were the one's who exposed the, "Deal in the Desert", which set up the PTA and were always adamant that Megrahi would never get free under a PTA it's the most logical explanation.



    But this is the BBC at its best, putting it into people's minds that Kenny MacAskill was negotiating to release Megrahi in 2007.

  • Comment number 3.

    Do you really believe A.Salmond and K.MAcAskill came up the Clyde in a banana boat? I am sure they had Labour well sussed out and would have done nothing that would have jeopardized their government or more importantly Scotland It is Labour both north and south of the border that have been shown to be craven liars and still they try to shift the blame with the help of the BBC Shame on you all

  • Comment number 4.

    Turned out to be a good discussion on the Megrahi release, I thought.



    The key comment was that a "revolving door" existed between the UK Government and BP. That was a beautiful confirmation of the masterly British understatement used by Gus O'Donnell in his footnote 13



    "Government records of the contacts with BP are limited."



    When old pals meet in a London club, the records will be thin (but the wallets thick).

  • Comment number 5.

    I find it hard to believe that the SNP would contemplate negotiating with LABOUR over the release of Megrahi and especially having suffered three years of obstruction from that party aided by BBC Scotland.



    Angus McLeods assertion that the Labour Party vote against the budget to bracket the SNP with Tories and Liberals is probably true. However, I find it astonishing that a journalist of his standing should applaud such a strategy. The Labour Party`s inability to offer workable alternatives seems unimportant to his failing mind

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