MacAskill says no to US Megrahi hearing

• Megrahi: How was his prognosis reached?. Picture: PA

Amid growing anger in the United States over the decision to allow Abdelbaset Ali Mohmed al-Megrahi to return home, senators on the US Foreign Relations Committee issued a formal request yesterday for Justice Secretary Kenny MacAskill, prison health director Dr Andrew Fraser, former Labour Minister Jack Straw and BP oil chiefs to attend a hearing in the American capital next week.

Former Prime Minister Tony Blair was also invited to the hearing, according to reports last night.

In a specially convened sitting next Thursday, the senators say they want to explore allegations surrounding Megrahi's release, and in particular claims about whether a near $1 billion oil deal between BP and Libya influenced the decision to free him.

Within minutes of the request being made, however, the Scottish Government announced that neither Mr MacAskill nor Dr Fraser would be accepting the invitation.

The Scottish Government justified the decision on the grounds that they had "no contact of any kind" with BP.

Instead they say they will only deal with questions from senators in writing, and from this side of the Atlantic.

That move prompted fresh attacks from political opponents in Scotland last night, who said ministers looked like they had something to hide.

They accused Mr MacAskill of basic "discourtesy".

Mr Straw said he had yet to receive formal notification of the request and that he would have to consult with the Foreign Office and former Prime Minister Gordon Brown before agreeing to attend.

Mr Straw said: "Before coming to any decision as to whether to accept this invitation, I shall be consulting Gordon Brown, as Prime Minister at the time, and seeking the advice of the Foreign Office.

"It is, in my experience, highly unusual for the legislature of one sovereign state to conduct an inquiry into decisions of another sovereign state, including, as in this case, decisions by a devolved administration on the release of a prisoner.

"There are therefore important issues of principle here which could affect UK governments of any party, and which will need carefully to be considered before I come to a final view."

A source close to Mr Straw said: "He has always been happy to explain the background but he is also of the view that as this inquiry is about the release of Mr Megrahi, Kenny MacAskill is the person to explain matters."

A BP spokesman confirmed Mr Hayward had been asked to attend. He said: "We have received the invitation and we are considering it."

They have faced questions after it emerged last year that Mr Straw had changed his mind and included Megrahi in a Prisoner Transfer Agreement between Libya and the UK after being lobbied by BP.

The letters requesting the attendance of Mr MacAskill, Dr Fraser, Mr Straw and Mr Hayward were sent from the office of Senator Robert Menendez of New Jersey. He is one of four senators who have led calls for an investigation into the circumstances surrounding Megrahi's release.

In the letter addressed to Alex Salmond, the senator wrote: "We appreciate the pledge of full cooperation with our investigation by both the Scottish and the UK Governments. I therefore invite both Scottish Justice Minister Kenny MacAskill and Director of health and care Dr Andrew Fraser appear to testify before the Committee … to help us better understand the factors that were involved in the Scottish court's decision to release Al-Megrahi."

He added: "To facilitate your participation, the Committee will provide payment for air fare and help with any additional logistical arrangements Minister MacAskill and Dr Fraser may need."

However, the request was quickly knocked back by ministers, who said they instead intended to offer "further assistance" but only in writing.

In a statement, a spokesman for the Scottish Government said: "The First Minister wrote to Senator Kerry on Wednesday providing comprehensive information and assistance, which is the appropriate nature of Scottish Government involvement in the Senate Committee's hearing next week.

"The focus of the senators' concern has been any role played by BP in decisions on al-Megrahi, and we have stated categorically to Senator Kerry that there was no contact of any kind between the Scottish Government and BP.

"In addition to the extensive information already provided, we have written to Senator Kerry again today and offered to answer any additional questions in advance of the hearing, and we would also be very happy to answer formally and in writing any more questions that may arise from the hearing itself."

Megrahi was freed on 20 August on compassionate grounds after Mr MacAskill received a report from Dr Fraser saying it was a "reasonable estimate" that the convicted bomber would only live for another three months.

Guidance states that three months' life expectancy "may be considered an appropriate period" for compassionate release to be considered.

However, questions have been asked about whether that estimate was properly agreed upon by doctors who examined Megrahi, who remains alive than 11 months after his release. In their letter yesterday, the senators said that "in particular" they want to investigate the entirely separate allegations surrounding BP. Along with his application for release on compassionate grounds, Megrahi filed a request for a prison transfer, under a deal brokered by Mr Straw and the Libyans.

Sir Mark Allen, a former MI5 spy, met Mr Straw in 2007 to express concerns about the slowness of negotiations with the Libyans. While both parties have also denied specifically mentioning Megrahi's case, Libya has since declared openly that the bomber was "always on the table" when they were dealing with BP and the UK.

The SNP's opponents last night said that Mr MacAskill and Dr Fraser should have accepted the invitation, if only for courtesy's sake.

Annabel Goldie, leader of the Scottish Conservatives, said: "A no show would only fuel suspicion that they may have something to hide. We need clarity not confusion."

Labour's justice spokesman, Richard Baker MSP, said: "Only Kenny MacAskill can explain his decision to release the man convicted of the worst terrorist atrocity committed on Scottish soil."

The senators

Senator Kirsten Gillibrand, Democrat

The first-term senator replaced Hillary Clinton last year when the former first lady became US Secretary of State. A former New York attorney, Ms Gillibrand, 42, has run into controversy after it emerged she had represented tobacco company Phillip Morris in its attempts to keep research about cigarette smoke private. However, supporters have earmarked her as a potential first female president. She is seen as a centrist Democrat who has won support from Republicans in the rural parts of the state. She has two young sons, and is facing an election at the end of this year.

Senator Chuck Schumer, Democrat

The senior New York senator, the 49-year-old has served since 1998, successfully leading the Democrats' senate election campaigning for much of that time.

Born in Brooklyn, he is a Harvard graduate and a career politician, entering the New York State Assembly aged just 23. He has long been the butt of jokes over his love of publicity; Bob Dole has said that "the most dangerous place in Washington is between Charles Schumer and a television camera".

He is an avowed liberal, but on Lockerbie, he believes Megrahi should be returned to Scotland to serve out his sentence.

Senator Robert Menendez, Democrat

He is the junior senator in New Jersey, ranked below Mr Lautenberg. But the 56-year-old will chair next week's Lockerbie hearing and is expected to put to BP the allegations of wrong-doing.

Born in New York to Cuban immigrants, he made his name as Mayor of Union City, and became a senator in 2005. He now heads the Democrat Senatorial Campaigns Committee and will be fighting for re-election in 2012.

Senator Menendez opposed the war in Iraq – saying he puts "economic security and hometown security ahead of powerful special interests".

Senator Frank Lautenberg, Democrat

The United States' oldest senator, at 86, Mr Lautenberg has already retired once, only to return to frontline politics.

The son of Jewish immigrants, he was brought up in poverty in New Jersey and had no formal schooling. He got training after the Second World War, benefiting from the GI bill. He is now seen as one of the most liberal of all senators, but is best known for his work banning smoking on aeroplanes. He recently announced he had recovered from stomach cancer. On Lockerbie, he has said he wants the Senate to "uncover the truth" about the affair.

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