Scottish and London ministers have clashed publicly on whether the agreement revealed yesterday on judicial co-operation between the UK and Libya could result in the convicted Lockerbie bomber Abdelbaset Ali Mohmed al-Megrahi being returned to Libya to complete his sentence there.
A Downing Street spokesman said it was quite wrong to suggest that any agreement had been reached with the Libyans over the case, which is still subject to legal process in Scotland.
A report is expected shortly from the Scottish Criminal Cases Review Commission which could result in a further hearing before the appeal court, and the Lord Advocate has an appeal pending against the 27 year minimum term Megrahi has been ordered to serve in prison, on the ground that it is unduly lenient.
On BBC radio this morning, Justice Secretary Kenny MacAskill pointed out that there were no other Libyans held in custody in Scotland. He said it was ludicrous to talk of the agreement in any other context than that of the Megrahi case.
The row broke out after the existence of the agreement, signed during the Prime Minister's visit to Libya last week, became known. Under its terms the two countries commit to reaching final agreement over extradition and prisoner transfers within a year.
The UK Government is to "seek to obtain the agreement" of the jurisdictions within the UK. In a statement to MSPs yesterday the First Minister said he had written to Mr Blair expressing his concern that there had been no consultation of the Scottish Executive or Parliament in advance. He added that the Lord Advocate had supported his decision to write.
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