HC Deb 29 April 2002 vol 384 cc681-2 4.23 pm
Mr. Tam Dalyell (Linlithgow)

On a point of order, Mr. Speaker. May I raise a delicate matter of jurisdiction as between the Westminster Parliament and the Scottish Parliament, on which I would ask you to reflect, and which I have outlined to your advisers? On the Easter Adjournment, I asked in relation to Lockerbie: Now that the appeal is over, what steps are being taken to preserve the productions amassed by the Crown for use in the Lockerbie trial? Can an assurance be given that they will not he destroyed in the same way as certain police note books have apparently been destroyed? I must tell the House candidly that I am not a lawyer. It was suggested to me, however, by the professor of Scottish law at the university of Edinburgh, Robert Black QC, that I should ask this well sculpted question, which he and other lawyers regard as of considerable importance.

At the end of the debate, the Parliamentary Secretary replied: My hon. Friend the Member for Linlithgow (Mr. Dalyell), the Father of the House, referred to Lockerbie, as he has done on several occasions in the House, and sought careful reflection from the Government. I certainly take note of his concerns and his long-standing involvement in seeking to get to the truth of that dreadful episode. He will not be surprised to hear that the only response I am able to give him today is to say that he has had the opportunity to ventilate that issue. He will be aware that most of the issues that he mentioned are devolved; they are matters for the Scottish Executive. I will ensure that the Lord Advocate is made aware of the points that my hon. Friend has made and seek an answer from him."—[Official Report, 26 March 2002; Vol. 382, c. 724–93.] What is not devolved is the United Nations report on the appeal proceedings at the Scottish court in the Netherlands in the case of Abdelbaset Ali Mohamed Al Megrahi v. Her Majesty's advocate by Professor Hans Koechler, international observer of the International Progress Organisation nominated by the United Nations Secretary-General on the basis of Security Council resolution 1192.

On Thursday, I saw Dr. Koechler for four and a half hours to discuss his submissions to the UN. Various avenues of appeal through the UN and the Court of Human Rights, not to mention the Scottish Criminal Cases Review Commission, are possibilities. Dr. Koechler said that it is vital that the productions be preserved for further proceedings at inquiry.

On Friday morning, we learned from the press that the productions are to be collected by 47 families and sent by post to another 41, and that other material is to be destroyed. Without going into the matter, that has horrified the officially appointed solicitor, Mr. Eddie McKechnie, with whose approval I raise this point of order. Given the UK interest in the need for a public inquiry into the international aspects of Lockerbie, does the House have a locus in commenting on whether the productions at Zeist should be dispersed or destroyed? Such hurried dispersal or destruction at this time would suggest that there is something to hide. I therefore look forward to a ruling at your convenience.

Mr. Speaker

The Father of the House has raised a lengthy point of order. He will understand that I must think about the matters that he has raised.

Mr. Andrew Turner (Isle of Wight)

On a point of order, Mr. Speaker. Have you had any indication from Ministers of their intention to come to the House to make a statement on Thursday night's breakdown of the 999 emergency service covering the Isle of Wight, Hampshire and parts of Wiltshire; the widespread failure of the telephone system on part of the island and in Southampton and surrounding suburbs; the apparent breakdown of BT's back-up systems; and the appearance of television announcements saying, "If you want to call the emergency services, please go to a police station."?

Mr. Speaker

I have had no approach from any Minister regarding the matter that the hon. Gentleman raises, but it is now on the record and I hope that the appropriate Minister will look into his deep concern.

David Taylor (North-West Leicestershire)

On a point of order, Mr. Speaker. Three days ago in the town of Kalamata in southern Greece, 12 British citizens were found guilty of various charges associated with the innocuous activity of plane spotting. Six received one-year sentences and six, including my constituent, Garry Fagan of Kegworth in North-West Leicestershire, received three-year sentences. Have you received any request from the Foreign Secretary to make a statement on what the Government intend to do to assist those 12 citizens in their hour of peril, in relation to charges that would have been dismissed out of hand in any other country, especially one as closely allied to us as Greece is in NATO and the EU? Has any such approach been made?

Mr. Speaker

No such approach has been made to me.

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