29/02/2012 Politics Scotland


29/02/2012

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On Politics Scotland this afternoon:

:00:18.:00:20.

Two-and-a-half years after the Lockerbie bomber was released from

:00:20.:00:22.

prison, the justice secretary is still answering questions about

:00:22.:00:27.

that decision. A new book alleges Abdelbasset al-Megrahi was

:00:27.:00:31.

pressured into dropping his appeal. Kenny MacAskill is due to make a

:00:31.:00:34.

statement to MSPs. And the latest attempt to keep

:00:34.:00:37.

Scotland in the union but boost Holyrood's powers. We debate what

:00:37.:00:43.

is meant by Devo Plus and Devo Max and does it devolution matter?

:00:43.:00:46.

Here at Westminster, MPs are worried about high fuel price

:00:46.:00:53.

threats to the Olympics. Good afternoon. The justice

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secretary, Kenny MacAskill, is due to give a statement to MSPs in a

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few minutes on the release of the Lockerbie bomber, up Abdelbasset

:00:59.:01:03.

al-Megrahi. The Libyan was freed from Greenock prison on

:01:03.:01:05.

compassionate grounds in 2009 following a diagnosis of terminal

:01:05.:01:10.

cancer but before that he dropped his appeal against conviction. A

:01:10.:01:13.

new book published earlier this week claims Al-Megrahi was

:01:13.:01:16.

pressured into doing that. We will hear from Kenny MacAskill shortly

:01:17.:01:20.

but first I am joined from our Brighton studio by John Ashton, the

:01:20.:01:30.
:01:30.:01:31.

offer of "Megrahi: You Are My Jury". The idea did his fair to say that

:01:31.:01:35.

the reason this statement is being given is because your book has been

:01:35.:01:42.

published. What answers you think he needs to get to MSPs?

:01:42.:01:46.

It is very clear that he should not response in that statement to

:01:46.:01:52.

allegations which have not been made. A deal, according to Mr

:01:52.:02:00.

Megrahi, was not done. He said that on 10th August 2009 he had a

:02:00.:02:06.

conversation with the Libyan minister, Abdulati al-Obedi, but

:02:07.:02:11.

claims that a party of Libyans had met with can he MacAskill and that

:02:11.:02:17.

he had been taken aside and told that it would be easier for him to

:02:17.:02:21.

grounds compassionate release if the appeal was dropped. There was

:02:21.:02:27.

no demand. Let us be clear about that. What Mr MacAskill should be

:02:27.:02:30.

doing today it is confirming or denying whether that conversation

:02:30.:02:40.
:02:40.:02:40.

took place. The allegation is not that there was a deal. So your book

:02:40.:02:45.

reports that can he MacAskill took a Libyan official site in a meeting

:02:45.:02:49.

and told him it would be easier to release Abdelbasset al-Megrahi if

:02:49.:02:53.

he dropped his appeal against conviction. That is the central

:02:53.:03:01.

allegation? Yes.

:03:01.:03:08.

I am joined in the studio by Our Home Affairs Correspondent, Reevel

:03:08.:03:13.

Alderson. Can he MacAskill has been asked dozens of times about this

:03:13.:03:16.

since 2009. How likely is it that we will get a different version of

:03:16.:03:22.

events from him today? I think it is highly unlikely

:03:22.:03:26.

because can he MacAskill has been very robust on this question and

:03:26.:03:32.

the Government's, and turn himself, issued a categorical denial that

:03:32.:03:37.

anything untoward had happened. John Ashton is quite right that no

:03:37.:03:43.

allegation has been made of a deal Purcell a. It is obviously a bit er

:03:44.:03:53.
:03:54.:03:56.

of a 0 and a wink. -- a deal per se. The interesting thing about this is

:03:56.:04:03.

that it is one of the end E- commerce about the Lockerbie story.

:04:03.:04:07.

Abdelbasset al-Megrahi asked for compassionate release because he

:04:07.:04:12.

had inoperable cancer. While that process was ongoing we had the

:04:12.:04:19.

sideshow of the prisoner transfer release situation. Can he MacAskill,

:04:19.:04:23.

whilst considering the compassionate release request, went

:04:23.:04:30.

to see Al Megrahi in prison and that meeting was attended by a

:04:30.:04:32.

senior Scottish Government official. We do not know what was said in

:04:33.:04:39.

that meeting. At some point they also met Libyan officials. In the

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meantime if the appeal was abandoned by Abdelbasset al-Megrahi

:04:42.:04:46.

and he was allowed to go home to Tripoli within days of that

:04:46.:04:51.

decision. If we could have some clarity on that it would be very

:04:52.:04:55.

good. As I understand it there was due

:04:55.:04:59.

process. There was a release on compassionate grounds because of

:04:59.:05:06.

the inoperable cancer and then this is it -- this prisoner transfer

:05:06.:05:11.

agreement. He was not the only person appealing in this case. The

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Crown Office was also appealing. It could never have gone ahead, could

:05:15.:05:23.

As I understand it, the Crown appeal remains on the table. The

:05:23.:05:28.

Crown was appealing against certain rulings and what they regarded as

:05:28.:05:33.

the leniency of the sentence. Those appeals were put on a back burner

:05:33.:05:38.

while a substantial it appeal from the Criminal Cases Review

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Commission was being dealt with. This is, I think, something that is

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mired in confusion and obfuscation. I do not think there will be much

:05:51.:05:57.

elucidation here today. How damaging to you think this will

:05:57.:06:00.

be for can he MacAskill personally and the SNP government?

:06:00.:06:07.

Yes, it will be damaging. It is damaging because it keeps on going.

:06:07.:06:11.

I spoke to can he MacAskill in the summer of 2009 and he knew then he

:06:11.:06:15.

would spend the whole summer dealing with this. I do not think

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he thought that two and a half years later he would still have to

:06:18.:06:21.

make statements to Parliament about the issue of Abdelbasset al-Megrahi

:06:21.:06:26.

as Lockerbie. The more this goes on the more people will question what

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happened. There is a murkiness about this. We do not know who said

:06:31.:06:35.

what to home in various meetings. I do not know if you will ever get to

:06:35.:06:40.

the bottom on it. In terms of can he MacAskill's

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conduct in this, he has always been very consistent in saying he did

:06:45.:06:51.

things by the rule book. If to give him credit that is the

:06:51.:06:55.

case. He will be straight and bullish and he will deny this. He

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will say it is third-hand hearsay and third hands knowledge and he

:06:59.:07:05.

did everything by the book. To give him credit, that is what he has

:07:05.:07:09.

done. Even with that, it is hard for him to shrug off the impression

:07:09.:07:15.

that things were not quite as they seem behind the scenes. I do not

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know if you will ever do that. Reevel Alderson, there is also this

:07:20.:07:24.

outstanding issue of whether there should be an inquiry into the

:07:24.:07:28.

conviction and trial. Will be touch on that today?

:07:28.:07:35.

I cannot imagine we would do. This is being looked into by the Justice

:07:35.:07:39.

Committee. It centres on the release of the Eid papers and

:07:39.:07:44.

statement of reasons for and the Scottish Criminal Cases Review

:07:44.:07:47.

Commission. The Scottish government says it is minded to publish these

:07:47.:07:52.

documents if it can get round the variously galaxies. Whether they

:07:52.:07:56.

will be published remains to be seen. I do not think it will be

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dealt with today. Thank you. We are expecting to here

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from the Cabinet Secretary for Justice, can he MacAskill. Let us

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go now to the chamber in Holyrood. The Cabinet Secretary for Justice,

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Kenny MacAskill, is on his feet and has just started his statement in

:08:15.:08:24.

the chamber. Let us cross live now to hear what he has to say.

:08:24.:08:27.

I have been asked by the opposition to make a statement to Parliament

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on this matter once again and am willing to do so. Both myself and

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this government have always sought to be as open and transparent as we

:08:38.:08:42.

can be in all matters relating to Lockerbie. The need for this

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statement relates to claims and mate in a book written by a former

:08:48.:08:58.
:08:58.:09:00.

researcher with Abdelbasset al- Megrahi's lead a team -- legal team.

:09:00.:09:06.

We have published as much as we can it, except in that refused by other

:09:06.:09:10.

governments. My meeting with Libyan representatives is one of them.

:09:10.:09:16.

These minutes are not here say but an accurate record made at the time.

:09:16.:09:23.

This minute has been in the public domain as in September 2009. It is

:09:24.:09:29.

quite Clear and refutes the assertions made. These records are

:09:29.:09:34.

made by impartial civil servants to ensure that there is a proper

:09:34.:09:39.

historic record of important discussions. In addition to the

:09:39.:09:45.

minute kept, Presiding Officer, let me be quite clear. Scottish

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government officials were at present throughout my meeting with

:09:50.:09:56.

it for the Libyans. At no time did I will any other member of the

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Scottish Government's suggest to Abdulati al-Obedi four or anyone

:09:59.:10:03.

else connected with the lobbying governments that abandoning his

:10:03.:10:09.

appeal against conviction would in any way it aid or has it -- Ede

:10:09.:10:14.

affect his application for compassionate release. Let us

:10:14.:10:19.

remember what the two different processes were. One process was an

:10:19.:10:23.

application under the prisoner transfer agreements made by the

:10:23.:10:32.

Gadaffi regime. This requested an end to any appeal proceedings

:10:32.:10:37.

before a transfer could happen. The second process was an application

:10:37.:10:41.

for compassionate release made by Abdelbasset al-Megrahi himself, to

:10:41.:10:48.

which no such condition applied. We are vigorously opposed the prisoner

:10:48.:10:51.

transfer agreements negotiated by the then the UK Government with the

:10:51.:10:58.

Gadaffi regime, not least because it represented interference in the

:10:58.:11:02.

Scottish legal process. We wrote to the UK Government no fewer than

:11:02.:11:11.

eight times between June 2007 and September 2008, setting out our

:11:11.:11:15.

position. I considered but rejected the application for prisoner

:11:15.:11:21.

transfer made in respect of them. I also granted a request for a

:11:21.:11:27.

compassionate release submitted by him as he -- as I believe that it

:11:27.:11:32.

hit to the laws and values we hold in Scotland. I did so on the basis

:11:32.:11:38.

of evidence from the Parole vote, prison governor and the director of

:11:38.:11:41.

health and care in the Scottish Prison Service. The Scottish

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government had no interest whatsoever in the appeal being

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abandoned. I had no involvement in the decision to drop his appeal

:11:51.:11:56.

against conviction. That was entirely a matter for him and his

:11:57.:12:01.

legal team. However, Presiding Officer, one thing that is clear

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from this new book, as detailed on page 352, is that Abdelbasset al-

:12:08.:12:14.

Megrahi has signed a provisional undertaking to abandon his appeal

:12:15.:12:19.

on March 21st, 2009. It is clear, therefore, he was considering

:12:19.:12:26.

dropping his appeal several months before either of the two

:12:26.:12:29.

applications were put before me. At the time Mr Al-Megrahi had no way

:12:29.:12:34.

of knowing what my decision would be, either Ornette compassionate

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release. On the PTA? However, he did know that if a prisoner

:12:42.:12:50.

transfer agreements would be refused if there were ongoing legal

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proceedings. John Ashton himself has accepted on BBC radio yesterday

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that the book is here say. He says off -- this government has said

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consistently that we want to be as open and transparent as we can be

:13:05.:13:10.

on all aspects surrounding this case. That is why we brought

:13:10.:13:13.

forward to the Criminal Cases punishments and review bail to

:13:14.:13:19.

await publication of the statement of reasons. An assertion by the

:13:19.:13:23.

author is that we, the Scottish government, do not want the

:13:23.:13:27.

statement of reasons published. Presiding Officer, nothing could be

:13:27.:13:32.

further from the truth. This legislation, introduced by this

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Scottish Government, will enable the Scottish Criminal Cases Review

:13:37.:13:42.

Commission to decide whether it is appropriate to disclose information

:13:42.:13:48.

encases they have investigated, where a subsequent appeal has been

:13:48.:13:53.

abandoned. The legislation helps to leave the commission as a decision-

:13:53.:13:58.

maker as to whether they publish a report on this case. Under the

:13:58.:14:03.

legislation, the Commission must decide whether in the whole

:14:03.:14:07.

circumstances it is appropriate to disclose their statement of reasons.

:14:07.:14:11.

There will be a range a factor as the commission will want to

:14:11.:14:16.

consider when deciding whether it is appropriate to disclose

:14:16.:14:19.

information. One key factor is likely to be how much of a

:14:20.:14:24.

statement of reasons is already in the public domain. With the

:14:24.:14:28.

publication of the book and television documentaries containing

:14:29.:14:33.

what, apparently, may well be significant material from the

:14:33.:14:38.

statement of reasons, this could be an important factor which the

:14:38.:14:42.

Commission may want to consider when they decide whether it is

:14:42.:14:49.

appropriate to disclose information they hold. As members know, we are

:14:49.:14:53.

limited within the powers of this Parliament as to how far our

:14:53.:14:59.

legislation can go in freeing up the commission to disclose

:14:59.:15:04.

information. Data protection, which is a reserved to matter, is a key

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obstacle to disclosure. I first spoke with Kenneth Clarke back in

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September 2010 on this issue. Since our bill was introduced by have

:15:15.:15:21.

already written to him on three occasions on this issue. We are now

:15:21.:15:26.

faced with publication of material that is apparently, from the

:15:26.:15:34.

statement of reasons. This means that the case, Europe correction As

:15:34.:15:37.

many as are of the opinion say "Aye." for an exception to data

:15:37.:15:40.

protection rules is now overwhelming.

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That is now today I have written a Ghent to Kenneth Clarke urging that

:15:48.:15:52.

the Government to make a decision for an exception to the inmates to

:15:52.:15:57.

be normal statutory data protection rules for this unique case. This

:15:58.:16:03.

will help ensure that Ryder Public Interest cant be serviced on the

:16:03.:16:07.

roads are publishing the statement of reasons. Let no one be in any

:16:07.:16:12.

doubt, we want to the statement of reasons published and are doing all

:16:12.:16:22.
:16:22.:16:27.

that we can cope with in the powers They recognise that some have

:16:27.:16:34.

concerns regarding the wider issues relating to the atrocity. The wide

:16:34.:16:37.

ranging and international nature of the issues involved means every

:16:37.:16:45.

likelihood of issues arrive his team -- of the issues arising that

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are not devolved. We remain ready to co-operate on an inquiry.

:16:52.:16:56.

Members will want to know whether there is a mechanism for an appeal

:16:56.:17:05.

still to be heard, even posthumously. I can't from -- I

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come from a to the danger that there is. It would involve an

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application be made, the commission deciding to make a reference and

:17:15.:17:20.

for the High Court to accept such a reference. These are not matters

:17:20.:17:26.

for me as justice secretary to decide upon. These are decisions

:17:26.:17:32.

for others to make, but I think it is important that we as a

:17:33.:17:39.

Parliament are aware of the position. As I've other sort of the

:17:39.:17:44.

abandonment law continuation of Mr Al Megrahi's appeal, it is not for

:17:45.:17:53.

me to seek or oppose a potential appeal, posture must or otherwise.

:17:53.:17:59.

That is a matter for others. I have every confidence in the Scottish

:17:59.:18:04.

criminal justice system were there to be another appeal. That is a

:18:04.:18:09.

matter I would be entirely comfortable with. We what the

:18:09.:18:14.

commission's report to be in the public domain to help ensure public

:18:14.:18:17.

confidence is retained in our justice system. This Government is

:18:17.:18:22.

doing all we can to bring disclosure of the statement of

:18:22.:18:26.

reasons and I urge all members to support these efforts by supporting

:18:27.:18:33.

our rebel and supporting our efforts to get the UK Government to

:18:33.:18:43.
:18:43.:18:46.

make an exception up to data protection rules. The author John

:18:46.:18:55.

Ashton is in our Brighton studio. What is your reaction? Firstly, he

:18:55.:19:00.

as a shared a flat denial, which is a relief. Let we have at some sort

:19:00.:19:05.

of clarity. Now we have the word of Abdulati al-Obedi against his. We

:19:05.:19:12.

can move on to the issue of the withholding of many items of

:19:12.:19:22.

important evidence abide Mr MacAskill's offers. The issues of

:19:22.:19:28.

the mash renaissance around the release are aside sure. -- Masha

:19:28.:19:38.
:19:38.:19:39.

nations. The second point is the minutes. A private and sensitive

:19:39.:19:44.

conversation would not be merited. He claims that I made at the motion

:19:44.:19:48.

on Tuesday about the book being here say. I made no such admission.

:19:49.:19:54.

The book clearly states that that conversation was hearsay. You talk

:19:54.:20:04.
:20:04.:20:09.

about a private conversation been minuted., or not be minuted. But Mr

:20:09.:20:14.

MacAskill says he never suggested that to any minister. Yes, he has

:20:14.:20:19.

made a flat denial. Now we have to look at their up question of motive.

:20:19.:20:24.

Who would have the motor of there? Would it Abdulati al-Obedi want to

:20:24.:20:31.

mislead Al Megrahi? Possibly. Would it Mr MacAskill want to see that?

:20:31.:20:41.
:20:41.:20:43.

Possibly. This case is going to be a huge scandal for Mr miss Castle -

:20:43.:20:50.

- am Kenny MacAskill's Crown Office. He is not in charge of their crime

:20:50.:20:54.

justice system. Do you still have outstanding questions as a result

:20:55.:20:59.

of this statement? The outstanding questions relate to their

:20:59.:21:03.

withholding of evidence by the Crown Office. He has ever been

:21:03.:21:08.

called to account on that and he should be. Unless he distances

:21:08.:21:16.

himself from the Crown Office, the scandal will come back. You did not

:21:16.:21:19.

expect to find out much you on that statement. Were there any of

:21:19.:21:29.
:21:29.:21:30.

revelations? There were. You asked me if he would be talking about the

:21:30.:21:38.

statement from the criminal justice a review commission and he did.

:21:38.:21:44.

Kenny MacAskill was quite forthright in his denial. What was

:21:44.:21:50.

particularly interesting was on this issue of the statement from

:21:50.:21:57.

the Scottish Criminal Cases Review Commission, which is 800 pages long,

:21:57.:22:02.

John Ashton has quite clearly stated that he has seemed that

:22:02.:22:07.

statement of reasons and has it used that as some of the research

:22:07.:22:11.

material for his book. The fact that the Scottish government

:22:11.:22:16.

continues to pursue avenues to get that published is welcomed. The

:22:16.:22:21.

fact that he has written to Kenneth Clarke to try to unblock the

:22:21.:22:25.

business of data protection is welcome. But the most interesting

:22:25.:22:29.

thing he said was at the end of the statement where he said that if

:22:29.:22:36.

there is still an avenue open legally for the appeal which Al

:22:36.:22:43.

Megrahi abandoned, if it were sent back to the High Court and the High

:22:43.:22:50.

Court accept said, and I am interested in that statement, then

:22:50.:23:00.
:23:00.:23:03.

and we could have the appeal over again.

:23:03.:23:06.

Let's cross back to the chamber were Kenny MacAskill is facing

:23:06.:23:16.
:23:16.:23:17.

questions on his statement. remarkable period of survival for

:23:17.:23:22.

somebody who apparently all they have 90 days to live. A key

:23:22.:23:25.

allegation made in this book is that there was some kind of deal

:23:25.:23:35.
:23:35.:23:35.

made between the Libyan government and the Scottish government. The

:23:35.:23:43.

allegation made of this book is at the same allegation made by

:23:43.:23:53.

Christine Grahame, MSP, who is said she had been told the same thing.

:23:53.:24:00.

One allegation corroborates of the other. You may be contemptuous, but

:24:00.:24:06.

she may have something to see later. Is that Mr MacAskill's position

:24:06.:24:16.
:24:16.:24:16.

that both of them are in error? Furthermore, the suspicion that Mr

:24:16.:24:20.

MacAskill took an unduly favourable view of the medical evidence to

:24:20.:24:25.

facilitate a deal would have been allayed if all the medical reports

:24:26.:24:33.

on which it their assessment was made where released. The Scottish

:24:33.:24:43.
:24:43.:24:44.

government has constant -- consistently fielded to do so.

:24:44.:24:48.

Questions surrounding the integrity of this decision-making process now

:24:48.:24:51.

demand that this evidence is released and made available for

:24:52.:25:00.

public scrutiny. There are two aspect here. Was there any other

:25:00.:25:05.

factor involved in the release of Mr Al Megrahi other than my

:25:05.:25:10.

decision on the criteria of compassionate release. No, there

:25:11.:25:16.

was not. We did not consider diplomatic or economic matters.

:25:16.:25:26.
:25:26.:25:27.

Despite the criticism, when the Labour government was openly, I

:25:27.:25:34.

think and criticising me. We refused suggestions from

:25:34.:25:43.

Conservative members as well. A Conservative that -- a Conservative

:25:43.:25:47.

member want to be suggesting that Al Megrahi should be used as a

:25:47.:25:57.
:25:57.:25:59.

bargaining chip in negotiations. I have refused that. A former Tory

:25:59.:26:05.

minister wrote to me saying that speed is of their essence am

:26:05.:26:09.

returning to Al Megrahi back to Libya for reasons of business

:26:09.:26:15.

interests. I made it clear that we would not proper economic,

:26:15.:26:23.

political or diplomatic matters. We made it subject to the laws of the

:26:23.:26:33.
:26:33.:26:35.

people of Scotland. Let me deal with the second question dealing

:26:35.:26:40.

with medical reports. The only medical report which I saw and on

:26:40.:26:44.

which I made my decision was that of Dr Fraser. That matter has been

:26:44.:26:50.

made available and doubtless you will have read it. It is already in

:26:50.:26:56.

the public domain and has been since September 2009. Matters of

:26:56.:27:01.

medical records are subject to common law confidentiality and we

:27:01.:27:10.

abide by that as we are bound by other legislation. I should first

:27:10.:27:17.

declare that I am a member of the just as for Al Megrahi campaign. I

:27:17.:27:27.
:27:27.:27:27.

want to use his exact words. With a reference to prisoner transfer, he

:27:27.:27:33.

says, I decided I must choose the latter. I signed a provisional

:27:33.:27:43.

undertaking to abandon the appeal. That predates any memos and

:27:43.:27:53.
:27:53.:27:54.

anything said in hear say. Do you have a question? We should have a

:27:54.:27:59.

full inquiry into all aspects of the Lockerbie atrocity. Not only

:27:59.:28:03.

for the sake of Abdel Basset Ali al-Megrahi, but for the people of

:28:03.:28:12.

Lockerbie and the victims' family. I would like to ask a supplementary.

:28:12.:28:22.

No, you cannot. I stand by the decision of the Scottish court. It

:28:22.:28:25.

is for others to decide if they wish to seek to pursue matters

:28:25.:28:31.

through an appeal. Or indeed whether there is a request for a

:28:31.:28:35.

further enquiry. We have made it quite clear as a government that

:28:35.:28:42.

the restrictions on our jurisdiction mean that any appeal

:28:42.:28:47.

would be limited, it would be subject to matters of reserved

:28:47.:28:51.

competence. We have said that we will happily co-operate with any

:28:51.:28:57.

enquiry, but it would be for others to pursue that. It comes back to

:28:57.:29:01.

the point which I made quite clear in my statement, it is not for me,

:29:01.:29:06.

it never was for be, to decide how proceedings are carried out or not.

:29:06.:29:12.

I simply abide by the loss of Scotland. The justice secretary

:29:12.:29:19.

repeating that language. The release of Abdel Basset Ali Al

:29:19.:29:26.

Megrahi was done by the rule book as far as he was concerned.

:29:26.:29:31.

Talk to me about the politics of this statement. What do you make of

:29:31.:29:36.

the strategy Kenny MacAskill has deployed? I was very impressed.

:29:36.:29:41.

Going into this statement, Mr MacAskill was on the defensive me.

:29:41.:29:45.

Allegations have been made, there has been talk of here saying. He

:29:45.:29:50.

came out fighting. His opening remarks were very strong indeed.

:29:50.:29:56.

These claims are long, he said. At no time did I or anybody else in

:29:56.:30:00.

the Scottish government make that suggestion to anybody in the Libyan

:30:00.:30:06.

government. That was his opening gambit. Then what impressed me was

:30:06.:30:11.

that he went on to Caesar the agenda on this. He has got his eyes

:30:11.:30:20.

on tomorrow's newspapers. What he was trying to do was a knock down

:30:20.:30:23.

all the rumours and gossip that have been going on for the last few

:30:23.:30:28.

days and set the agenda. He did that with that last statement where

:30:28.:30:33.

he said that if there is room and grounds for a further appeal,

:30:33.:30:38.

whether posthumously or not, that may be able to go ahead. That is

:30:38.:30:43.

where this story is now going. Is there going to be a new appeal?

:30:43.:30:48.

Open the court case up again? That is where Kenny MacAskill wants to

:30:48.:30:52.

take it. Away from any suggestions that he did anything wrong in the

:30:52.:31:02.
:31:02.:31:05.

He also was quite clear that he was happy to see this report by the

:31:05.:31:10.

Scottish Criminal Cases Review Commission published. He said he

:31:11.:31:19.

was being thwarted by eight the data protection laws. Is that a

:31:20.:31:20.

direct criticism of the UK Government?

:31:20.:31:27.

Yes, and it fits into his whole assault on this issue. He is saying

:31:27.:31:31.

that he is doing this by Scottish law and look at what people in

:31:31.:31:35.

Westminster are trying to do. He says they are trying to make deals

:31:35.:31:40.

and influence things. He says again that the Westminster government are

:31:40.:31:45.

putting barriers in the way of getting this report out. It is a

:31:45.:31:48.

good nationalist tactic. He is saying that the Westminster

:31:48.:31:52.

government are stopping him doing this.

:31:52.:31:56.

How effective are the opposition being on this?

:31:56.:32:02.

They are being quite so effective. David McLetchie there was using his

:32:02.:32:07.

experience to try and pick holes and all of this. The opposition are

:32:07.:32:11.

in a difficult place. Do they follow what is hearsay or do they

:32:11.:32:17.

try to push it on to other areas? Thank you. We will have more from

:32:18.:32:23.

you later on. Later on, are the health reforms south of the border

:32:23.:32:29.

just what the doctor ordered? There was no agreement at pm queues.

:32:29.:32:36.

Let me tell them, their support for the health bill is are digging in a

:32:36.:32:39.

hall. All about process, all about

:32:39.:32:45.

politics, never about the substance. Mr Speaker, we all know it is a

:32:45.:32:50.

late Pierre so perhaps just this once I can answer the question. Hit

:32:50.:32:57.

we know what he is against, maybe he could tell us what he is fought?

:32:57.:33:02.

Now there is a new word to add to your political dictionary, Devo Max

:33:02.:33:09.

-- Devo Plus. Advocates of the plan say it presents a credible

:33:09.:33:17.

alternative to independence. I am totally signed up to this

:33:17.:33:22.

personally and it is what I believe we lack as an accountable

:33:22.:33:25.

parliament. Until we have this power, we are not accountable to

:33:25.:33:30.

the people that collectors. The uncertainty has been caused by

:33:30.:33:34.

the nationalists who want to separate Scotland from the rest of

:33:34.:33:39.

the UK. I want to see our Parliament stronger in the UK and I

:33:39.:33:44.

want to work with other parties and win nationalist if they join us. I

:33:44.:33:48.

want to see if we can achieve a settled and really strong future

:33:48.:33:52.

for Scotland and a stronger Parliament.

:33:52.:33:57.

It has to be pop -- properly formulated and to demonstrate that

:33:57.:34:02.

support. I totally welcome that. I have been saying for some time that

:34:02.:34:08.

I know where I stand. I am for independence. I will put forward to

:34:08.:34:13.

that view of the future. That is what the SNP will do. It is

:34:13.:34:17.

legitimate for other people to do the same thing.

:34:17.:34:24.

Devo Plus is not Devo Max, even if they do sound similar. Devo Max is

:34:24.:34:30.

a Coalition of non-political groups took encourage the Scottish people

:34:30.:34:34.

to take responsibility for everything except for foreign

:34:34.:34:39.

affairs and defence. I am joined by Jeremy Purvis in our Selkirk studio

:34:39.:34:49.
:34:49.:34:49.

who is leading the Devo Plus campaign. I you backing Devo Max?

:34:49.:34:53.

Certainly not. Of our campaign has been very clear. We are far opening

:34:53.:34:58.

out a debate on all things that may be part of how Scotland is governed

:34:58.:35:04.

in the future. We are not in favour of one option or another. Voluntary

:35:04.:35:07.

organisations will have a lot of different views about the future of

:35:07.:35:14.

our country. EU have a proposal, then?

:35:14.:35:21.

We and not in the business of putting out a proposal. We are

:35:21.:35:24.

looking from a different perspective, from how these

:35:24.:35:30.

proposals impact on people's lives. I welcome at the announcement of a

:35:30.:35:37.

campaign for Devo Plus. That brings another dimension into play. We

:35:37.:35:42.

have questions and we are very glad that the Devo Plus campaign has

:35:42.:35:47.

taken place. We think there will be much more before this debate is

:35:47.:35:50.

mature. You do not have a repair -- a

:35:50.:35:56.

proposal, Martin Sime. Jeremy Purvis, you do have a proposal.

:35:56.:36:03.

What you mean by Devo Plus? You are correct. It can be complex.

:36:03.:36:13.
:36:13.:36:15.

Devo Plus is a simple compared -- it is eight simple issue. It means

:36:15.:36:18.

that Scotland will be responsible for the money it raises an not

:36:18.:36:26.

reliant on hands out -- on hand out from Westminster. It aims to make

:36:26.:36:30.

Scotland's and its government more accountable to the people of

:36:30.:36:34.

Scotland. I think it will be a change for the better. I think it

:36:34.:36:38.

also proposes a long-term relationship between Scotland and

:36:38.:36:43.

the rest of the UK, which will be the benefit of people in Scotland

:36:43.:36:48.

as well. It is simple. The Scottish Parliament should raise the money

:36:48.:36:53.

it spends. Does that include issues like

:36:53.:36:58.

welfare payments and benefits? One of the proposals we are looking

:36:58.:37:04.

at his how you can devolve further, effectively, the welfare spend. We

:37:04.:37:09.

are quite clear that pensions and employment benefits, the elements

:37:10.:37:15.

that are important to keeping a United Kingdom, will remain the

:37:15.:37:18.

same. A worker in the north of Scotland and the South of England

:37:18.:37:23.

to move between companies should note that employment benefits and

:37:23.:37:29.

pension entitlements can be kept. That is one of the strains of the

:37:29.:37:38.

United Kingdom. The Scottish Parliament should move away from --

:37:38.:37:41.

away from grants from Westminster and concentrate on more powers they

:37:42.:37:48.

it have. We also want to move taxes such as corporation tax back to

:37:48.:37:52.

Scotland. We want to strengthen the Scottish Parliament but keepers in

:37:52.:37:56.

the UK. Do you believe everything is OK

:37:56.:38:00.

with the status choir or do you think that changes to happen,

:38:00.:38:05.

Martin Sime? I think changes Deeney to happen in

:38:05.:38:11.

the devolution settlement. It is 13 years old now. We know where the

:38:11.:38:16.

strengths and weaknesses are. Some of our members are unhappy about

:38:16.:38:21.

some of the services run by the UK Parliament. The work programme has

:38:21.:38:25.

been much in the news recently. We would like to see devolution of

:38:25.:38:29.

these matters so that they could be integrated with services from the

:38:30.:38:34.

Scottish government. This is just so you have easy

:38:34.:38:40.

access to ministers? Absolutely not. The Scottish

:38:40.:38:44.

Parliament is very open to engagement with voluntary

:38:44.:38:47.

organisations. This is about how best we can serve the needs of

:38:47.:38:54.

unemployed people. Getting the best service for people is what matters.

:38:54.:39:00.

That is just a policy disagreement. What makes you think there would be

:39:00.:39:03.

a different resort in the Scottish Parliament?

:39:03.:39:07.

There is a dislocation between services between Holyrood and

:39:07.:39:12.

Westminster. There are institutions that belong to both governments on

:39:12.:39:16.

the high street. It is not good for the customer. If we talk about

:39:17.:39:22.

benefits as well, we need to grapple with the issue of how they

:39:22.:39:26.

interact with our health and care services in Scotland. Some aspects

:39:26.:39:30.

of benefits have to be integrated with our health and care systems

:39:30.:39:34.

because otherwise we create this location and that is only going to

:39:34.:39:38.

get worse as the differences between the health service in

:39:38.:39:44.

Scotland and England grow. They will diverge. We need some control

:39:44.:39:49.

over benefits in that context. Jeremy Purvis, is this really all

:39:49.:39:53.

about advancing devolution or scuppering the SNP's independence

:39:53.:39:59.

again? The case for devolution plus goes

:39:59.:40:05.

back a long time. I wrote a pamphlet on this eight years ago.

:40:05.:40:10.

Many support Devo Plus who have argued the case for a stronger

:40:10.:40:18.

Scotland within the UK. The Devo Plus group believe this is the

:40:18.:40:24.

correct rate for what. Weather are not there was a referendum, we

:40:24.:40:34.
:40:34.:40:35.

would be arguing for this. -- correct way forward. I believe for

:40:35.:40:39.

the current settlement is not appropriate. We do need the

:40:39.:40:44.

Scottish Parliament to stand on his own two feet more. We are all proud

:40:44.:40:49.

of the Scottish Parliament. The next stage is a habit more in one

:40:49.:40:55.

tranche of its own power. I think the big challenge for

:40:55.:40:58.

Jeremy and the politicians supporting Missen initiative is how

:40:58.:41:01.

to be get to that point with his Scottish Parliament?

:41:02.:41:09.

Should it be on the ballot paper? That is the question. His sole

:41:09.:41:14.

alternative to put it and it on the ballot paper? I am in favour of a

:41:14.:41:19.

popular mandate for more powers for the Scottish Parliament. That is

:41:19.:41:22.

the way forward. I am sure we will be discussing

:41:22.:41:28.

this much more in the months ahead. David Cameron used p end-use to

:41:28.:41:32.

commend it -- to contend a suggestion that workers could

:41:32.:41:37.

strike during the London Olympics. The main clash was over health

:41:37.:41:43.

reforms in England. The Kamlesh and aims to give GPs control of much of

:41:43.:41:50.

the NHS budget and open it up to more competition.

:41:50.:41:58.

Mr Speaker. Mr Speaker, they are fiercely well trained today. Let me

:41:58.:42:05.

tell them. Their support for the Health Bill is digging in their

:42:05.:42:13.

whole burial at the next general election. I did ask him at a

:42:13.:42:17.

specific question. I know by now that he does not like to answer the

:42:17.:42:23.

questions but it was a simple point. Who supports his bell? Answer came

:42:23.:42:29.

there none from this Prime Minister. Let us refresh his memory of who

:42:29.:42:34.

opposes this bill. It is no good the Deputy Prime Minister smirking.

:42:34.:42:43.

I do not know if he supports a repose is set. Is a poor set. -- he

:42:44.:42:49.

supports it. There is leadership for you. Let us refresh your memory,

:42:49.:42:55.

Mr Speaker, of who wants this withdrawn. The Royal College of GPs,

:42:55.:43:00.

the Royal College of Nursing, the Royal College of midwives, the

:43:00.:43:05.

Royal College of radiologists, the Faculty of Public Health, the

:43:05.:43:09.

Chartered Society of physiotherapists, Health Visitors

:43:09.:43:16.

Association, as the patients' Association. Mr Speaker, doesn't it

:43:16.:43:26.

ever occur to the Prime Minister, they have just maybe they are right

:43:26.:43:33.

and he is wrong. He did not mention the National

:43:33.:43:39.

Association of primary care, supporting rebel, the NHS Alliance,

:43:39.:43:42.

supporting the bell. The Association of Chief executives at

:43:42.:43:49.

the voluntary organisations, supporting rebel. Lot Garside,

:43:49.:43:54.

Labour minister. Who was he? He was researching you hired to run the

:43:55.:44:00.

health service. All weeks in a row on NHS questions but not a single

:44:00.:44:05.

question of substance. Not one. All about process, all about politics,

:44:05.:44:11.

never about the substance. Now, Mr Speaker, it is a leap year so maybe

:44:11.:44:17.

just this once I get asked the question. We all know what he is

:44:17.:44:22.

against but isn't it time he told us what he is for up?

:44:22.:44:29.

Mr Speaker, at in my constituency of Gloucester people will be

:44:29.:44:35.

looking forward to the start of the Olympic Games. A great opportunity

:44:35.:44:39.

to celebrate how well the UK manages great global events. Not

:44:39.:44:45.

everybody sees it as that sort of opportunity. The general secretary

:44:45.:44:50.

of one of our unions see it as an opportunity for a general strike.

:44:50.:44:53.

Does the Prime Minister agree with me then nothing could be further

:44:53.:45:00.

from the spirit of the Olympics all do more damage to our country?

:45:00.:45:08.

Thank you, Mr Speaker. I think he speaks for the whole country. The

:45:08.:45:11.

general secretary said that he is calling on the general public to

:45:11.:45:16.

engage in civil disobedience. That is what he said. Unite is the

:45:16.:45:21.

biggest single donor to the party opposite, providing a third of

:45:21.:45:26.

their money and had a more of a role than anyone else in putting

:45:26.:45:29.

the right honourable gentleman in his place. They need to concern

:45:29.:45:36.

this utterly and start handing back Our Westminster Correspondent,

:45:36.:45:46.

David Porter, joins me from outside the Commons now. The phone hacking

:45:46.:45:50.

scandal at News International has taken another twist with the

:45:50.:45:59.

announcement that James Murdoch is standing down as chairman of News

:45:59.:46:06.

International. It has been announced by the parent company

:46:06.:46:12.

News Corporation that he will be concentrating on the company's

:46:12.:46:17.

television interests in the United States. To many people, he has been

:46:17.:46:22.

the face of News International. He has gone before the committees at

:46:22.:46:27.

the House of Commons, answering questions about the phone hacking

:46:27.:46:34.

scandal. It raises questions about who will take over from him under

:46:34.:46:43.

the strategy that the company has. Referred to murder it is a

:46:43.:46:51.

newspaper man. But his son James it did not have that affinity. People

:46:51.:46:56.

will be wondering who will take over from him. And indeed what the

:46:56.:47:00.

future will be for the News International titles in the United

:47:00.:47:05.

Kingdom. There are some reports coming from New York that News

:47:06.:47:09.

Corporation may decide to try and sell those British titles. Yet

:47:09.:47:19.

another development in the phone hacking scandal. Something else in

:47:19.:47:25.

the difficulty is that the coalition's reforms it to the

:47:25.:47:29.

health service in England. How much trouble are those reforms end?

:47:29.:47:35.

has been causing it huge trouble for the coalition government. The

:47:35.:47:39.

UK Government is proposing that the health service in England has to be

:47:39.:47:49.
:47:49.:47:49.

more efficient by introducing competition. They are going to make

:47:49.:47:52.

GPs that the gatekeepers to the health service, giving them more

:47:52.:47:59.

power over where patients abroad for treatment and their budgets. --

:47:59.:48:09.
:48:09.:48:10.

where a patients go for treatment. There are severe concerns from the

:48:11.:48:14.

medical professionals, from the Labour Party and many Liberal

:48:14.:48:18.

Democrat MPs that plans have to introduce more competition into the

:48:18.:48:26.

NHS in England will be a retrograde step. There have already been some

:48:26.:48:32.

compromises by the coalition government. They are very worried,

:48:32.:48:38.

Liberal Democrat activists are still worried about this. They may

:48:38.:48:42.

try to scupper this bill. It is causing real trouble for the

:48:42.:48:51.

collision. Briefly, the London Olympics could have some trouble?

:48:51.:49:01.
:49:01.:49:02.

Yes, Len McCluskey, the boss of the union unite has suggested that

:49:02.:49:06.

because of what he sees as the war on the public sector, disrupting

:49:07.:49:16.
:49:17.:49:18.

the Olympics it could be a legitimate strategy. But Labour has

:49:18.:49:22.

said that is an acceptable. The Prime Minister again at see him

:49:22.:49:26.

this is not the thing to do. But it raises questions about what might

:49:27.:49:36.
:49:37.:49:40.

happen with industrial relations come the summer. Our main news

:49:40.:49:50.
:49:50.:49:51.

today is about the statement by Kenny MacAskill. Thank you for

:49:51.:49:59.

joining us. Mr MacDonald, what is your reaction to what Kenny

:49:59.:50:05.

MacAskill had to tell MSPs today? He was unequivocal that he had

:50:05.:50:15.
:50:15.:50:16.

followed the rule book. He was unequivocal in saying that he had

:50:16.:50:26.
:50:26.:50:28.

said to Mr Al Megrahi the he ought to withdraw his appeal. That backed

:50:28.:50:33.

was not alleged by Mr Al Megrahi, he said that a third party had

:50:34.:50:40.

suggested it to come. The Cabinet Secretary highlighted quite a

:50:40.:50:50.
:50:50.:50:50.

number... There are questions for the cabinet secretary. He said that

:50:50.:50:56.

nothing said at those meetings, everything was recorded in the

:50:56.:51:06.
:51:06.:51:07.

minutes. It is at least understandable that Mr Al Megrahi

:51:07.:51:10.

formed the impression that he was being encouraged to go down that

:51:10.:51:15.

route. What I wonder is why Kenny MacAskill was not clear with him

:51:15.:51:21.

and with the Libyan foreign minister about what the choices

:51:21.:51:30.

were. David McLetchie, you have asked for documents to be published,

:51:30.:51:34.

have you written to Kenneth Clarke asking him to waive the data

:51:34.:51:41.

protection rules? First of all, the documents and that we want

:51:41.:51:45.

published are the underlying medical reports about Al Megrahi's

:51:45.:51:55.
:51:55.:51:55.

edition that led to his release. It was a disastrous error of judgement.

:51:55.:52:02.

These documents, the Scottish government refuses to publish them.

:52:02.:52:07.

If I had been Kenny MacAskill, I would have insisted that all that

:52:07.:52:12.

information was put in the public domain to justify his decision. He

:52:12.:52:22.
:52:22.:52:23.

did not. That is why people equate with dropping their appeal -- that

:52:23.:52:27.

is why people equate dropping the appeal with release on

:52:27.:52:33.

compassionate grounds. Why is get the passport still answering

:52:33.:52:39.

questions about this? There is still continuing interest in the

:52:39.:52:44.

Lockerbie atrocity. But my colleagues cannot have it both ways.

:52:44.:52:48.

We cannot other Cabinet Secretary for Justice setting aside

:52:48.:52:54.

legislation on medical records and data protection. There are matters

:52:54.:52:58.

for the UK Government to address here. This was a man who was

:52:58.:53:01.

convicted of the greatest act of mass murder in Scottish criminal

:53:01.:53:06.

history. This is not a normal case by any standards. Kenny MacAskill

:53:06.:53:13.

made it clear that he wants an exception made on data protection

:53:13.:53:23.
:53:23.:53:32.

rules. Why county publish the medical evidence? -- why cannot he?

:53:32.:53:37.

To question the professional judgment of a medical

:53:37.:53:42.

practitioner... A I was not suggesting that. I was asking

:53:42.:53:45.

whether Kerry the cast go should adopt the perspective he wants to

:53:46.:53:55.

the UK Government to adopt? We have had the ink legal experts tell us

:53:55.:53:59.

different things other the Data Protection, but my understanding is

:53:59.:54:08.

that there is a caveat in the legislation which would facilitate

:54:08.:54:17.

the release of such information. I am not sure whether there is such

:54:17.:54:27.
:54:27.:54:27.

latitude as regards medical information. Camelot just except

:54:27.:54:35.

that it was an appropriate the least? The compassionate grounds

:54:35.:54:45.
:54:45.:54:45.

seem to have been ill-founded. We believe that their advice should be

:54:45.:54:55.
:54:55.:54:55.

made public. I cannot believe that in the case of the worst atrocity

:54:56.:55:02.

in Scottish history, we are hiding behind their Data Protection Act.

:55:02.:55:08.

It may well be that the UK Government is hiding behind the

:55:08.:55:12.

Data Protection Act. That is why you should be calling for the

:55:12.:55:18.

release of the information. Kenny MacAskill says it was his decision,

:55:18.:55:22.

it was nothing to do with the UK Government. This decision is

:55:22.:55:31.

clearly one that has been flawed. David McLetchie, there has not be a

:55:31.:55:34.

scrap of evidence that Kenny MacAskill has acted inappropriately

:55:35.:55:41.

in this entire process? There is plenty of scraps of evidence. He

:55:41.:55:49.

had a special the set with Al Megrahi in his prison cell, he

:55:49.:55:59.
:55:59.:56:00.

released him. To suggest otherwise is contrary to the facts of. Your

:56:00.:56:05.

reaction to that? It is disappointing that we still have

:56:05.:56:12.

this lingering on. Mr Al Megrahi was accompanied by his legal

:56:12.:56:17.

representative at the meetings. Mr Michel Scott said that had he not

:56:17.:56:23.

follow the rules, he would be subject to a judicial review.

:56:23.:56:26.

sure the debate will continue for quite some time to come. Thank you

:56:26.:56:32.

for joining us. The appraisal of Allender Institute

:56:33.:56:41.

has slashed its growth forecast for that Scottish economy this year.

:56:41.:56:47.

However, the Institute suggested there were some signs of recovery.

:56:47.:56:56.

The economy is continuing to be come -- is continuing to grow

:56:56.:57:06.
:57:06.:57:06.

weaker. On that basis, we expect growth to be weak this year in

:57:06.:57:16.
:57:16.:57:19.

Scotland. We are predicting 0.4%. Unemployment is rising, we expect

:57:19.:57:25.

it to rise to about 265,000 by the end of this year. That is not far

:57:25.:57:35.
:57:35.:57:37.

away from 10%. It is much higher than the level we were at at the

:57:37.:57:44.

worse. Of the recession. However, we think there is some possible

:57:44.:57:54.
:57:54.:58:00.

light at the end of the tunnel in that inflation is falling. And

:58:00.:58:06.

there have been some... For both these reasons, I would expect

:58:06.:58:11.

growth to pick up next year and we are forecasting improved growth

:58:11.:58:21.
:58:21.:58:21.

next year, and particularly strong growth in 24 team -- 2040. But the

:58:21.:58:24.

Scottish economy it will not get back to where it was before the

:58:24.:58:33.

start of the recession until the end of 2040. Unemployment heading

:58:33.:58:37.

towards 10%? That has bigger repercussions for politicians north

:58:37.:58:42.

and south of the border. Yes, very much so. What we do not know is how

:58:42.:58:50.

the public are going to react. Who will the blame? Behind all this is

:58:50.:58:55.

the limit referendum end to President 14. There could be decent

:58:55.:58:59.

growth in 2014, but if that is on the back of high unemployment, it

:58:59.:59:04.

will have to go a long way before there is a feel-good factor in the

:59:04.:59:13.

economy. Do the voters of them blame of the UK Government? Or do

:59:13.:59:23.
:59:23.:59:28.

they bought with the wall ats -- or do they vote with their wallets?

:59:28.:59:33.

And I think a lot of people are like that. People want to know if

:59:33.:59:36.

they will be better off under independence. That is where the

:59:36.:59:46.
:59:46.:59:47.

arguments will be won or lost. The Unionists are saying stick with us

:59:47.:59:57.
:59:57.:59:58.

By virtue of the attention the Scottish government gets, we often

:59:58.:00:03.

hear their economic message. Will the Coalition governments have to

:00:03.:00:07.

act in the same way and concentrate on the economy to show people they

:00:07.:00:12.

are listening? I think the UK Government had to

:00:12.:00:15.

concentrate on more than the economy. If you speak to people in

:00:15.:00:20.

the SNP they have been surprised by how little David Cameron really

:00:20.:00:24.

knew about the situation when he came up to start negotiations with

:00:24.:00:29.

Alex Salmond. I think David Cameron and his people need to focus much

:00:29.:00:35.

more on the arguments which, for you and I, we have on a daily basis.

:00:35.:00:38.

They have to really engage or they will find themselves so far behind

:00:38.:00:43.

in this debate that they are in danger of losing it.

:00:43.:00:48.

On Devo Plus, this new campaign that has been launched, do you

:00:48.:00:53.

think that the supporters of that will be able to easily communicate

:00:53.:00:58.

what they mean by this? No, I do not but we are quite a

:00:58.:01:05.

while out from when it this question needs to coalesce. I think

:01:05.:01:09.

the parties in opposition have a way to go before they decide what

:01:09.:01:16.

they want. Six Scotland has to feel its way. We will get to a suspect -

:01:16.:01:20.

- and we will get to a stage where something will emerge on Devo Plus

:01:20.:01:28.

or Devo Max. A second question, yes or no?

:01:28.:01:31.

Yes. Let us give you the highlight again

:01:31.:01:36.

from what we heard from can he MacAskill in his statement to MSPs.

:01:36.:01:41.

He was absolutely clear that he had never suggested to the Lockerbie

:01:41.:01:45.

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