20070726 Jack Straw To Kenny Macaskill Libya Prisoner Transfer Agreement

Ministry of

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Kenny MacAskill MSP Scottish Minister for Justice The Scottish Parliament Edinburgh EH99 iSP

The Rt Hon Jack Straw

Lord Chancellor and Secretary of State for Justice Selborne House 54 Victoria Street London SW1E 60W

T 020 7210 8380 F 020 7210 8597 E general queriesjusticegsi gov uk www.Justice.gov.uk

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L At our meeting Past week I indicated that I would write to you, and to the Secretary of State for Northern Ireland, to seek your agreement to a negoti ating mandate for the forthcoming negotiations on the proposed prisoner transfer agreem ent with Libya. Improving relations with Libya is a desire which we both share. The negotiation of a prisoner transfer agreement, which forms part of a wider Memorandum of Understanding on judicial co-operation, forms part of this process; a proces s that starts to help Libya re emerge on the international stage. I recognise that negotiating a prisoner transfer agreement with Libya holds particular sensitivities for the Scottish Executive given the presence in Scotland of Abdelbaset All Mohamed al-Mehrahi, the Libyan national convicted of the Locker bie bombing. However, we have always made clear that such an Agreement is permis sive; that in this, as in all previous Agreements, it would be for the respective jurisdictions to agree in each individual case whether or not they were content for a specifi c prisoner to be transferred under the final terms of the Agreement. This, of course, ensu res that the role of the Scottish Ministers and Scottish judicial system is properly respected. If an agreement under the normal terms were in place with Libya it would rightly be for the devolved justice system to determine whether or not a prisoner held in a Scottish prison should be transferred to his or her home country under that agreement. I understand from discussions between our officials that you would prefer that the terms of any Agreement with Libya should specifically exclude al-Megrahi. I would be grateful if you would confirm this to be the case. In the event that this is the case, I have set out below the ways that this could be achieved. I believe that my officials have already shared these options with your officials.

(i)

that the Agreement should exclude all prisoners who have committed an offence before a specific date or (ii) that the Agreement should exclud e all prisoners who committed their offences on or after the date of implementation of the Agreem ent.

The first option is my preferred way forward. As al-Megrahi committed his offence almost e 20 years ago it would be relatively straightforward to establish a date which would exclud r. transfe seek to him but would enable other Libyan nationals imprisoned in the UK However, this option may be vulnerable to challenge as it is clearly aimed excluding at Megrahi. My officials are seeking further advice on this. The second option would be offered in the event that the first option proves not to be defensible in law or if the Libyan de authorities are not able to accept the first option. This option would enable us to conclu a standard prisoner transfer agreement but it would exclude other prisoners who other committed offences prior to the implementation of the Agreement. The number of prisoners disadvantaged as a consequence would be small. In order to give the Libyan authorities room to manoeuvre it may be necessary to offer to be include a review procedure. This would provide for the terms of the Agreement to it. reviewed after 5 years; with the possibility of an earlier review if either party requested as but d, This would allow changes to the scope of the Agreement if circumstances change right to any changes would require the consent of both Governments we would retain the block any not acceptable to us. able to I would be grateful if you would confirm that the options outlined above are accept t to final you. Any Agreement negotiated at official level would, of course, be subjec Ireland. Northern for State of ry consultation and agreement with you and with the Secreta of State for A copy of this letter has been sent to the Scottish First Minister, the Secretary ry. Northern Ireland, the Secretary of State for Scotland, and to the Foreign Secreta

JACK STRAW