Parliamentary questions

Richard Baker

2,136 questions tabled in the Scottish Parliament, most recent first.

26 Aug 2009 · Written Question

To ask the Scottish Executive how many health officials submitted evidence on Abdelbaset Ali Mohmed Al Megrahi’s health to the Cabinet Secretary for Justice for consideration and how many of those submissions were considered in making the final decision to release Mr Al Megrahi on compassionate grounds.

Answer · Kenny MacAskill: As set out in my statement on 20 August, and again on 24 August and 2 September, my decision on the application for compassionate release was based on the report from the Director of Health and Care of the Scottish Prison Service. He had access to all Mr Megr…

26 Aug 2009 · Written Question

To ask the Scottish Executive what the conditions of the licence for Abdelbaset Ali Mohmed Al Megrahi’s release are and how they were decided.

Answer · Kenny MacAskill: The conditions of Mr Al-Megrahi''s licence are as follows. 1. You shall be under the supervision of an officer to be nominated for this purpose from time to time by the Director of the Community Health and Care Partnership of East Renfrewshire Counc…

26 Aug 2009 · Written Question

To ask the Scottish Executive whether the First Minister stands by his comments made on 7 June 2007 in relation to Abdelbaset Ali Mohmed Al Megrahi, convicted of the Lockerbie bombing, that “at the time, the Scottish law officers and others, including the secretary-general of the United Nations, gave assurances that a…

Answer · Kenny MacAskill: I refer the member to the answer to question S3W-26712 on 4 September 2009. All answers to written parliamentary questions are available on the Parliament''s website, the search facility for which can be found at <a href="http://www.scottish.parliament.uk/App…

26 Aug 2009 · Written Question

To ask the Scottish Executive whether the First Minister stands by his comments made on 7 June 2007 that Abdelbaset Ali Mohmed Al Megrahi, convicted of the Lockerbie bombing, should serve out his sentence in Scotland.

Answer · Kenny MacAskill: In his statement to the Parliament the First Minister drew attention to the assurances that had been given before the trial that any sentence would be served in Scotland. Those assurances have been the subject of correspondence with the UK and US governments,…

26 Aug 2009 · Written Question

To ask the Scottish Executive what remorse it considers Abdelbaset Ali Mohmed Al Megrahi has shown for the crimes he committed.

Answer · Kenny MacAskill: As I said in my statement on 20 August 2009, Mr Megrahi did not show his victims any comfort or compassion. They were not allowed to return to the bosom of their families to see out their lives, let alone their dying days. No compassion was shown by him to th…

26 Aug 2009 · Written Question

To ask the Scottish Executive for what purpose the Cabinet Secretary for Justice met Abdelbaset Ali Mohmed Al Megrahi in HMP Greenock on 5 August 2009 and whether he intends to visit any other convicted murderers in custody with appeals pending.

Answer · Kenny MacAskill: I refer the member to the answer to question S3W-26500 on 1 September 2009. All answers to written parliamentary questions are available on the Parliament''s website, the search facility for which can be found at <a href="http://www.scottish.parliament.uk/App…

26 Aug 2009 · Written Question

To ask the Scottish Executive whether the (a) Lord Advocate or (b) First Minister were consulted prior to the Cabinet Secretary for Justice visiting Abdelbaset Ali Mohmed Al Megrahi in HMP Greenock on 5 August 2009 and what the nature was of any advice or opinion given by them.

Answer · Kenny MacAskill: No. Advice from my officials on 26 May 2009 on the process for considering representations was copied to the First Minister''s office, as was my response. The advice and my response have been published and are available at <a href="http://www.scotland.gov.uk/…

26 Aug 2009 · Written Question

To ask the Scottish Executive which of its officials accompanied the Cabinet Secretary for Justice on his visit to meet Abdelbaset Ali Mohmed Al Megrahi at HMP Greenock on 5 August 2009; in what capacity they were attending, and who personally met Mr Al Megrahi.

Answer · Kenny MacAskill: I was accompanied by Robert Gordon, Director-General Justice and Communities and Linda Miller, Criminal Law & Licensing Division. Both were present in an official capacity. All three of us met Mr Megrahi. His legal adviser was also present. The note of th…

26 Aug 2009 · Written Question

To ask the Scottish Executive, following the comments of the First Minister on the BBC programme Good Morning Scotland on 21 August 2009 that the Cabinet Secretary for Justice received advice from officials in the Justice and Communities Directorate on the decision to visit Abdelbaset Ali Mohmed Al Megrahi at HMP Gree…

Answer · Kenny MacAskill: The advice has been published and is available at <a href="http://www.scotland.gov.uk/lockerbie">www.scotland.gov.uk/lockerbie</a>.

26 Aug 2009 · Written Question

Answer · Kenny MacAskill: The advice has been published and is available at <a href="http://www.scotland.gov.uk/lockerbie">www.scotland.gov.uk/lockerbie</a>.

26 Aug 2009 · Written Question

To ask the Scottish Executive what advice the Cabinet Secretary for Justice received prior to his personal visit to Abdelbaset Ali Mohmed Al Megrahi at HMP Greenock on 5 August 2009; what form that advice took, and whether it plans to release publicly a full copy of the advice.

Answer · Kenny MacAskill: The advice has been published and is available at <a href="http://www.scotland.gov.uk/lockerbie">www.scotland.gov.uk/lockerbie</a>.

26 Aug 2009 · Written Question

To ask the Scottish Executive, if a decision to release Abdelbaset Ali Mohmed Al Megrahi on compassionate grounds was not made by the Cabinet Secretary for Justice until 19 August 2009, for what reason it states on its website in respect of Mr Al Megrahi that “plans for transfer of care to Libyan health service have b…

Answer · Kenny MacAskill: Contingency plans were made for all of the possible outcomes that might flow from my decisions on the applications for prisoner transfer and for compassionate release.

26 Aug 2009 · Written Question

To ask the Scottish Executive for what reason it decided to announce the decision to release Abdelbaset Ali Mohmed Al Megrahi on compassionate grounds to the media first, rather than to (a) the families of the victims of the Lockerbie bombing or (b) the Parliament.

Answer · Kenny MacAskill: My decisions on the applications for prisoner transfer and compassionate release were communicated to the families of the victims ahead of my announcement. Parliament was not in session. I repeated my statement in the Parliament on 24 August.

26 Aug 2009 · Written Question

To ask the Scottish Executive what information it has on the reasons why the aircraft returning Abdelbaset Ali Mohmed Al Megrahi to Libya was airborne before the announcement to release Mr Al Megrahi on compassionate grounds was made by the Cabinet Secretary for Justice on 20 August 2009.

Answer · Kenny MacAskill: Arrangements for air transport for Mr Megrahi in the event of a decision to grant either the application for prisoner transfer or the application for compassionate release were for the Libyan authorities, and were part of contingency planning. The Libyan Gove…

26 Aug 2009 · Written Question

To ask the Scottish Executive whether it intends to instigate a full leak inquiry into why the media found out about the Cabinet Secretary for Justice’s decision to release Abdelbaset Ali Mohmed Al Megrahi on compassionate grounds before an official announcement was made by the Cabinet Secretary on 20 August 2009.

Answer · Kenny MacAskill: No. I reached my decision to release Mr Al-Megrahi on compassionate grounds on 19 August 2009. Earlier media speculation about my possible decision was just that.

26 Aug 2009 · Written Question

To ask the Scottish Executive at what time and date the Scottish Prison Service was first notified that Abdelbaset Ali Mohmed Al Megrahi was to be released from HMP Greenock on compassionate grounds.

Answer · Kenny MacAskill: On 19 August 2009, at approximately 5.00pm.

26 Aug 2009 · Written Question

To ask the Scottish Executive (a) what information it has on the reasons why Abdelbaset Ali Mohmed Al Megrahi had been sending home his personal belongings for up to six weeks prior to the official announcement by the Cabinet Secretary for Justice on 20 August 2009 of his decision to release Mr Al Megrahi on compassio…

Answer · Kenny MacAskill: I have no information on this matter. Mr Megrahi submitted an application for compassionate release in July. Any decision by him to send home or otherwise distribute personal belongings is a matter for him. Prisoners are at liberty to send belongings home if …

26 Aug 2009 · Written Question

To ask the Scottish Executive whether it agrees that where an appeal is ongoing, a prisoner transfer request cannot be considered.

Answer · Kenny MacAskill: No. One of the criteria set out in the Prisoner Transfer Agreement between the United Kingdom and Libya is that the judgement is final and no other criminal proceedings are pending. An on-going appeal does not, however, prevent an application being considered…

26 Aug 2009 · Written Question

To ask the Scottish Executive when it ruled out the prisoner transfer request of Abdelbaset Ali Mohmed Al Megrahi and for what reasons.

Answer · Kenny MacAskill: On 19 August 2009, for the reasons set out in my statement on 20 August and repeated to the Parliament on 24 August.

26 Aug 2009 · Written Question

To ask the Scottish Executive whether it agrees that, given that there was on ongoing appeal against the length of the sentence imposed on Abdelbaset Ali Mohmed Al Megrahi, the prisoner transfer request was, as a result, incompetent.

Answer · Kenny MacAskill: No.

26 Aug 2009 · Written Question

To ask the Scottish Executive for what reason it considered the prisoner transfer request of Abdelbaset Ali Mohmed Al Megrahi, given that there was an ongoing appeal by the Lord Advocate against the length of the sentence imposed on Mr Al Megrahi.

Answer · Kenny MacAskill: It was made clear to the Libyan authorities that the Scottish Ministers were prepared to consider an application for prisoner transfer even though all of the criteria necessary to allow it to be granted were not met at the time of submission of the applicatio…

26 Aug 2009 · Written Question

To ask the Scottish Executive whether it agrees that under all existing prisoner transfer agreements to which the United Kingdom is a party, once a prisoner is advised of the Government’s intention to transfer, the prisoner should be “invited to make written representations” which should then be taken into account whe…

Answer · Kenny MacAskill: No. Previous Prisoner Transfer Agreements (PTAs) required the consent of the prisoner, and that was reflected in the terms of the Repatriation of Prisoners Act 1984. The PTA agreed between the UK and Libyan Governments is the first bilateral PTA which does no…

26 Aug 2009 · Written Question

To ask the Scottish Executive for what reason the Cabinet Secretary for Justice decided to meet Abdelbaset Ali Mohmed Al Megrahi in Mr Al Megrahi’s prison cell at HMP Greenock.

Answer · Kenny MacAskill: I set out the reasons in my statement on 20 August, and again to Parliament on 24 August. The meeting did not take place in Mr Megrahi''s cell, but in a meeting room at HMP Greenock. The note of the meeting has been published and is available at: <a…

26 Aug 2009 · Written Question

To ask the Scottish Executive whether it agrees that under section 27 of the Custodial Sentences and Weapons (Scotland) Act 2007 the decision on whether to grant compassionate release of a prisoner is a matter for Scottish Ministers acting jointly and severally.

Answer · Kenny MacAskill: Section 27 of the Custodial Sentences and Weapons (Scotland) Act 2007 replicates the current provisions set out in section 3 of the Prisoners and Criminal Proceedings (Scotland) Act 1993 which empowers the Scottish Ministers to release a prisoner on compassio…

26 Aug 2009 · Written Question

To ask the Scottish Executive for what reason it did not ask for the Parliament to be recalled prior to the decision to release Abdelbaset Ali Mohmed Al Megrahi on compassionate grounds.

Answer · Kenny MacAskill: As I explained in my statement, these were decisions for me as Cabinet Secretary for Justice, following due process. They were not decisions for Parliament, and should not have been subject to influence from Parliament. I am accountable to Parliament for the …

26 Aug 2009 · Written Question

To ask the Scottish Executive (a) on what date, (b) at what time and (c) by what means the Cabinet Secretary for Justice officially notified the families of the victims of the Lockerbie bombing that Abdelbaset Ali Mohmed Al Megrahi was to be released on compassionate grounds.

Answer · Kenny MacAskill: The families of the victims were notified in an email sent at 13:03 on 20 August, as I stood up to begin my statement. Those who did not have email access were contacted by telephone at the same time.

26 Aug 2009 · Written Question

To ask the Scottish Executive (a) how many American victims of the Lockerbie bombing the Cabinet Secretary for Justice met during his recent video conference, (b) how many video conferences were held between the Cabinet Secretary and the American victims, (c) what the duration was of each video conference and (d) what…

Answer · Kenny MacAskill: At my request I held a video conference with 11 family members of victims from the United States on 9 July. Arrangements for attendance were made through the Victims of Pan-Am Flight 103 organisation. The video conference lasted around 90 minutes. Many family…

21 Jul 2009 · Written Question

To ask the Scottish Executive how many homicides there were in 2007-08, broken down by (a) sex of accused and (b) main method of killing.

Answer · Kenny MacAskill: Homicide Victims, by Main Method of Killing and Sex of Main Accused, 2007-08 <table border=1 cellspacing=0 cellpadding=0 > <tr > <td nowrap valign=top > Main Method of Killing </td> <td nowrap valign=top > Male</p…

21 Jul 2009 · Written Question

To ask the Scottish Executive how many homicides there were in 2007-08, broken down by (a) age of accused and (b) main method of killing.

Answer · Kenny MacAskill: Homicide Victims, by Main Method of Killing and Age of Main Accused, 2007-08 <table border=1 cellspacing=0 cellpadding=0 > <tr > <td width=171 nowrap valign=bottom > Main Method of Killing </td> <td width=58 nowrap valign=b…

21 Jul 2009 · Written Question

To ask the Scottish Executive how many homicides there were in 2007-08, broken down by (a) police force area and (b) relationship of main accused to victim.

Answer · Kenny MacAskill: Homicide in Scotland, by Relationship of Main Accused to Victim, by Police Force Area, 2007-08 <table border=1 cellspacing=0 cellpadding=0 > <tr > <td valign=bottom > Relationship of Main Accused to Victim </td> <td val…