by Katy Scholes

The case of the possible early release of Abdelbaset Ali Mohmed al Megrahi is highly contentious to say the least. Not only is it heavily politicised and moralistic but it is infused with elusive what ifs, and buts.

The Libyan government applied to the British government in May for Megrahi’s release, but a British transfer treaty says that no transfer can be made if there are outstanding legal proceedings in a case. Consequently, Megrahi put in a personal request to the Scottish government for release on compassionate grounds with no such difficulties. Now the responsibility lay with the lesser-known SNP Justice Secretary.

In Scotland, Justice Secretary Kenny MacAskill is being thrashed from every corner. The Labour Justice spokesman, Richard Baker, has labelled MacAskill “unwise” in his unconventional decision to meet with Megrahi in prison last week. The Scottish Tories are going over his head and directing their judgements at First Minster Alex Salmond, exclaiming that once Salmond makes a decision there must be an immediate recall of Parliament whereby he can “justify his actions.” Bypassing MacAskill altogether is a clear indication that the Tories think he’s either too inexperienced or simply incapable of handling the difficult decisions which lay ahead. Meanwhile Tavish Scott, leader of the Scottish Lib Dems is saying what everyone is thinking, "The eyes of the world are on the Scottish government and they are being found wanting."

There are numerous appeals for a recall to Holyrood. The politicians want a debate. But conventionally, issues like these are dealt with in a more legal manner. In these cases generally, the Justice Secretary confers with judicial officials, makes a decision, puts it into action and subsequently takes Parliamentary questions. The politicians are clambering over each other to hurl criticism at MacAskill and the SNP and draw them into a debate; all eyes are on Scotland, the politicians are deperate to prove their worth in international affairs but unfortunately for them, this is the Justice Secretary’s decision and his decision alone.

MacAskill has cleared his calendar for the next week. Two things are for sure; he’s got a big decision to make, and when he’s done, he’ll have a lot of explaining to do.