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Memo of Understanding on Libya
07/06/2007
First Minister Alex Salmond has written to Prime Minister Tony Blair expressing his concern about the lack of consultation with the Scottish Government prior to the UK Government's signing of a memorandum of understanding with Libya on May 29.
In a statement at Holyrood, Mr Salmond said:
"It is not my intention to release the details of that memorandum - that is properly a matter for the Prime Minister.
"What I can say is that in broad terms the memorandum of understanding deals with judicial co-operation on matters of law, extradition, and on the issue of prisoner transfer.
"Presiding Officer, at no stage was the Scottish Government made aware of the content of that memorandum prior to its signing and therefore no opportunity was given to contribute or to raise concerns about its potential implications for Scotland.
"Accordingly, I have today written to the Prime Minister expressing my concern that it was felt appropriate for the UK Government to sign such a memorandum on matters clearly devolved to Scotland without any opportunity for this Government, and indeed this Parliament, to contribute.
"The Lord Advocate is aware of, and supports, my decision to write to the Prime Minister on this matter.
"In the spirit of openness and so that members can see what representations have been made on their behalf, I will make a copy of that letter available via the Scottish Parliament library.
"Presiding Officer, the question of prisoner transfer is particularly important, not least in relation to the case of Mr Al Megrahi - the Libyan convicted in a Scottish court of the Lockerbie bombing which remains the most serious terrorist atrocity committed in the UK.
"At that time, Scottish law officers and others, including the Secretary General of the United Nations, gave assurances that any sentence imposed would be served in Scotland.
"Moreover, Mr Al Megrahi is currently in the process of having his case reviewed by the Scottish Criminal Cases Review Commission which may result in his case being sent back to the High Court in Edinburgh on appeal. There is also an appeal by the Lord Advocate against leniency of sentence.
"One obvious concern would that this memorandum could be interpreted as having implications for that due process of law.
"Presiding Officer, I understand that the existence of the memorandum and its subject matter has already been publicised in Libya. In the normal course of Parliaementary inquiry it is, in my view, inevitable that it will very shortly enter the public domain here too.
"Given that the subject matter of this memorandum, and any agreements which may flow from it, are emphatically within the remit and authority of this Parliament, I wanted members to be aware of these developments in this chamber.
"In conclusion, this Parliament should be clear about three things in relation to this matter.
"First, the lack of prior consultation on this issue is clearly unacceptable. That position has now been made clear to the Prime Minister.
"Secondly, this Government supports the UK Government's desire for better relations with Libya. Whatever consequences flow from this memorandum no requests have been received and no decision have been taken. However, this Government is determined that decisions on any individual case will continue to be made following the due process of Scots law. The integrity of that process is paramount.
"And thirdly, in this Parliament at least, matters of such importance will rightly be brought to the Parliamentary chamber. Members are entitled to nothing less."