Sunday, August 30, 2009

Compassion alone is not enough

Hamilton MSP Michael McMahon has written an opinion piece for the Scottish Catholic Observer on the SNP Government's decision to allow Al-Megrahi to return to Libya. It is worth reproducing in full:

 
The emblem on the Scottish Parliament’s Mace contains the word ‘compassion’ to reflect the principles which should guide the deliberations of MSPs.
 
The words wisdom, justice and integrity are also engraved upon it to indicate the range of qualities which we, as elected representatives, should aspire to. Compassion, however vital it is, cannot be enough.
 
Tested against all of the values written on the Mace, Mr MacAskill has simply no right to claim that he had to release Mr al-Megrahi to return to Libya.
 
Then there is the matter of Mr MacAskill’s reference to the involvement of a ‘greater power’, by which we must presume he means God, in this matter.
 
The Justice Secretary claimed that his decision to show compassion was made on the basis that God had intervened to inflict a terminal illness on Mr al-Megrahi. I do not know what ‘greater power’ Mr MacAskill believes in but I am confident that my God is not such a merciless one.
 
To suggest that a person who develops cancer can be said to have had it inflicted upon them by God as a sign of their guilt for some crime is offensive and it is unworthy of a Scottish Government Minister.
 
The suggestion looks like an ill judged message to a stereotypical demographic across the Atlantic. I hope that I would never be so arrogant as to claim to have more compassion than anyone else. I would certainly never claim to have more compassion than God.
 
In his misguided desire to show that Scotland is a compassionate country he also failed to follow due process and ignored the fact that there were alternative options available if only the Scottish Government had the wisdom, sense of justice and integrity to pursue them. 
 
Instead, as was entirely predictable, they created the circumstances which allowed one of the most oppressive regimes in modern times to embarrass our Country as they jubilantly welcomed home a convicted bomber with Scottish flags.
 
The sight of Saltires waving on the tarmac at the airport in Tripoli has shamed Scotland and the harm done will take years to recover from.
 
Make no mistake the Scottish Government’s decision has damaged Scotland. It has damaged the reputation of our justice system and the standing of our country internationally. That this was abundantly foreseeable indicates that Mr MacAskill was lacking in wisdom.
 
There was clearly a case for providing Mr al-Megrahi with compassion but allowing him to be welcomed back to Libya as a free man should not have been the option chosen.
 
Palliative care standards in Scotland are of the highest anywhere and can be delivered in a variety of settings. Hospice care does not have to be provided solely within the confines of a hospice building. Greenock Prison was not a suitable location in which to deliver the level of care required, but neither is Libya given the poor level of palliative care available there. A suitable, secure location should and would have been found in Scotland had it been properly considered.
 
We are also required to ensure that justice is served against those who harm others. Not retribution or vengeance but fair punishment for the crime committed. While I do believe that Mr al-Megrahi was entitled to have the best care possible in his illness, having only served 11 days in jail for every victim of the Lockerbie Bomb, I do not believe that Mr Megrahi was yet entitled to clemency.
 
Equally important was the need for integrity when deciding on whether compassionate release was warranted. Unfortunately, the entire handling of Mr al-Megrahi’s release has been typified by media briefing, leaking and spin from the Scottish Government. Honesty and truth have been lost in the decision making process in this case.
 
The Scottish Government has misrepresented the medical evidence, it has misled the public as to why Kenny MacAskill decided to visit Mr al-Megrahi in prison and it has manipulated the opinion of Strathclyde Police in order to create the impression that keeping Mr al-Megrahi in Scotland, but outwith prison, was not a viable option.
 
It is important to me that Mr al-Megrahi was seen to be treated with humanity and it is absolutely right that he should be allowed to see out his days with the dignity that was not afforded to the 270 people who died when Pan Am flight 103 was brought down. 
 
Mr MacAskill may argue that his decision was based on compassion but it should also have been a wise, just and honest one. It was not. The Scottish Parliament must now try to repair the damage that has been done and MSPs must do all we can to make it clear that this decision was not made by the people of Scotland and that it most certainly does not have their endorsement.  
 

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