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Written question asked by Lord Laird (Ulster Unionist Party), in the House of Lords. It was answered by Lord Shutt of Greetland (Liberal Democrat) on Monday, 27 September 2010.

Abdul Baset Al Megrahi

Question
To ask Her Majesty’s Government, further to the Written Answer by Lord Howell of Guildford on 20 July (WA 183), why the monthly medical reports on Abdul Baset Al Megrahi sent to East Renfrewshire Council are regarded as confidential; what is their purpose; why it would be inappropriate for the Foreign and Commonwealth Office to ask East Renfrewshire Council for sight of them; and, if the release is regarded by the Prime Minister as a mistake, whether an inquiry by a senior civil servant or judge will be held.
Answer

Medical information is sensitive personal data under the Data Protection Act (DPA) 1998. For the Foreign and Commonwealth Office (FCO) to obtain someone’s medical documentation, it has to have a valid DPA reason. In this case it would have to be able to show that it was necessary for one of its functions. The FCO does not consider this requirement is met. If the FCO were to obtain medical reports without such a reason it could invite legal and enforcement action. Mr Al Megrahi’s release was authorised by the Scottish Executive and the reports are sent as a condition of the release licence under which Mr Al Megrahi was released. A copy of the release licence can be found on the Scottish Executive's website at http://www.scotland.gov.uk/Topics/Justice/legal/lockerbie/CompassionateReleasePro/release-licence. The decision to release Mr Al Megrahi was investigated by the Justice Committee of the Scottish Parliament, whose inquiry reported in February 2010. The Scottish Executive responded to the report in March 2010. My right honourable friend the Prime Minister made clear on 20 July 2010 that he was not minded to have a UK inquiry into Mr Al Megrahi’s release at this time. However he has asked the Cabinet Secretary to review all papers held by the British Government relating to Mr Al Megrahi's release and the negotiation of a prisoner transfer agreement with Libya, to see whether there is additional information that needs to be made public and to ensure the clearest possible picture of how decisions were taken. This work has already begun.

Secondary information

Type
Written question
Reference
1713; 720 c428-9WA
Session
2010-12
Related items
Abdul Baset Al Megrahi
Monday, 18 October 2010
Written questions
House of Lords
Abdul Baset Al Megrahi
Tuesday, 20 July 2010
Written questions
House of Lords
Notes
Answer received between Monday 2 August and Monday 9 August 2010.
Subjects
Disclosure of information Bombings Medical records Prisoners' release Lockerbie Foreign and Commonwealth Office Libya al Megrahi, Abdelbasit Ali Mohmed Scottish Government East Renfrewshire Council
Link
View this Written question on www.publications.parliament.uk