I am keen to correct some misunderstanding that has been evident in recent reports about the government's decision to conclude a prisoner transfer agreement with Libya. This has largely centred on the position of Abdel Basset Ali al-Megrahi, the Libyan national convicted of the Lockerbie bombing.
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 United Kingdom Government. From the outset we have been clear with the Scottish Government about this fact and have not at any time sought to undermine due process in Scotland.
The UK already has 98 prisoner-transfer agreements in place. The terms of this agreement will be no different to any other.
The Council of Europe Convention on the Transfer of Sentenced Persons is the principal international prisoner transfer agreement. More than 60 countries use it to transfer prisoners. Our agreement with Libya will follow closely the provisions set out in that convention.
The agreement will not provide for the transfer of any specific individual but will put in place a framework under which a prisoner may seek a transfer to serve his sentence in his own country. The overriding principle of prisoner transfer arrangements is that a prisoner does not have any automatic right to transfer.
In the case of a prisoner detained in Scotland the decision on whether to approve a transfer request will rest with the Scottish Minister for Justice. I have reassured Kenny MacAskill and the Scottish Government of this fact on several occasions over the past few months.
Another important caveat contained in all our prisoner-transfer agreements is that a prisoner cannot be considered for transfer until all outstanding legal proceedings in the sentencing state have been completed. Anyone subject to an appeal, for example, cannot apply for transfer until that appeal has been heard. It is important that transfer to another country should not in any way undermine continuing judicial proceedings.
Our relationship with Libya has in the past been difficult. I share the deep repugnance of people across the UK about what happened at Lockerbie, and Libya's involvement in it. The UK Government does not condone Libya's past record. But Libya's renunciation of terrorism and transparent dismantling of its WMD programmes were hugely significant steps.
It is crucial that we build on this and help Libya re-engage with the international community. That is in the interests of everyone in the United Kingdom.
The prisoner-transfer agreement and the other agreements in the field of judicial co-operation which formed part of the memorandum of understanding signed with Libya last May will aid this process. Engaging with Libya in this way has helped make Libya a safer neighbour for the UK and the rest of Europe.
Rt Hon Jack Straw MP, Lord Chancellor and Secretary of State for Justice, London.
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