(2) whether the UK Border Agency had the power to prevent Mr. Abdelbasset Al-Megrahi from leaving the UK following his release from custody by the Scottish Executive;
(3) whether, following his release from custody by the Scottish Executive, the UK Border Agency was required to give its consent to the departure from the UK of Mr. Abdelbasset Al-Megrahi.
My right hon. Friend the Home Secretary was kept fully informed by officials of the possible outcomes in the event that Mr. Al-Megrahi were to be released. However, the UK Border Agency is not required to give its consent to the departure of a foreign national. A foreign national can leave the UK at any time provided there are no outstanding criminal proceedings against them. We would inform the police or other agencies to determine an appropriate operational response should we become aware that an individual of interest is seeking to depart from the UK.
In the case of Mr. Al-Megrahi he was released from prison and expressed his wish to return to Libya. The UK Border Agency was aware of this but was not required to give its consent to this action.