Friday, 21 August 2009

I'm hoping we don't attack!

Whatever the POLITICAL right or wrong of the situation of Megrahi... the fact remains that the Scottish Justice Minister made a decision based on an ETHICAL consideration of the man's health. We abhorred Jack Straw when he kept the train robber in prison when he was soon to die. Yet now we abhor the Scottish Government for releasing a terrorist.

We have heard from families of the victims, some of whom have said he should be released, some of whom have said he should not be released.

But this raises an important point. And I am sorry to say, a rather callous point. I am not usually callous, I hasten to add. Unfortunately, I have to be today. Should the family of victims have a say on the procedure of justice?

Don't get me wrong. When it comes to sentencing, I think families of victims or victims themselves should be involved in the process. However, after the process, the decision must be made according to the law. It cannot (and should not) be held to ransom by the families of the victims, or the Secretary of State for the USA. It is a hard thing to say publicly, because it sounds like I'm saying I don't care about the families of the victims.

That, I hasten to add, is singularly untrue. However, in matters of law, decisions must be made (as far as possible) by people not involved in the decision. That is why I do think the Justice Minister was wrong to visit Megrahi in prison. However, it is also why the Minister could not listen to the families of the victims. However awful it sounds, we cannot have a justice system where the families of the victims control whether someone is released, or not.

Unless that system is created, and balanced, in which case it sounds like a reasonable idea. Until then though, this politician had no more need to consult them than anyone else. Other than to reassure them and explain why, of course. That is only common decency.

This leads me to my next point. I am hoping we don't attack the SNP for this. Yes, it is a populist approach. It is not, however, the right one. I for one share the distaste of Megrahi being given a hero's welcome (if, of course, he was rightfully convicted, which is a separate issue in and of itself). However, the actions of people in Tripoli cannot be laid at the feet of the SNP. Yes, of course it is an easy shot. It makes us look populist.

But I would argue that we shouldn't. I cannot imagine a harder decision for any politician to make. It is a decision which is complex, and has strong feelings on all sides. It is a decision which I feel in balance was probably right. The braying headlines this morning are not a direction I would like to see the Scottish party head.

I hope we leave easy populism and cheap shots to the Tories and Labour.

We're a better party than that.

2 comments:

neil craig said...

Nothing ethical about it. The bombing was organised by Syria in respsonse to the US shooting down an Iranian passenger jet. Then Syria became our ally in the Gulf War so we shifted the frame to Libya & "convicted" Megrahi on no real evidence. Now Libya is our ally so we release him.

Kettol said...

I agree! Like you said, although it seems harsh, if families of the victims make a decision in these circumstances we are essentially allowing them to make laws through precedent. In this respect, it could be said to cause a constitutional issue.