Nick Clegg admits: I might not have the power to stop Gary McKinnon's extradition

New stance: Nick Clegg has admitted the government may be powerless to prevent Gary McKinnon's extradition

Stopping the extradition of Gary McKinnon to the U.S. may not be within the Government's power, Nick Clegg suggested yesterday.

The comment - his first intervention in the case since becoming Deputy Prime Minister - surprised supporters of the 44-year-old computer hacker because it was completely at odds with Mr Clegg's previously stated position.

In opposition Mr Clegg, backed by independent legal advice, had argued fiercely that ministers could use human rights grounds to halt Gary's extradition to the States, where he faces up to 60 years behind bars.



Last night campaigners said that, with trust in politicians at an all-time low, it was vital for Mr Clegg to keep his word.

The Lib Dem leader made his new remarks in the wake of the decision by Home Secretary Theresa May to halt Gary's extradition while she considers fresh medical evidence that he will kill himself if sent to the U.S.

Mr Clegg was previously one of the staunchest supporters of the Asperger's sufferer, who hacked into Nasa and Pentagon computers looking for evidence of 'little green men'.

Last year, when the prospect of his party finding itself with a share of government was highly unlikely, Mr Clegg said it was 'completely within the power' of then Home Secretary Alan Johnson to step in.

But yesterday, speaking about Gary's case for the first time since the election, he appeared to change his tone. Initially, Mr Clegg said: 'I haven't changed my view one bit: That I believe it would be best for Gary McKinnon to be tried here.'



Reminded on live radio that now, as Deputy Prime Minister, he has real power to do something, Mr Clegg then responded: 'What I haven't got power to do, neither has the Home Secretary neither has even the Prime Minister, is to completely reverse and undo certain legal aspects of this.

'That of course you wouldn't want politicians to do. That's what we are looking at at the moment. It's legally very complex. But on the sort of morality and principle of it, I haven't changed my view one bit.





'It would be the right thing to do to have Gary McKinnon tried in this country.'

Keith Vaz, chairman of the home affairs select committee in the last Parliament, said: 'I am surprised at these comments.

'The committee unanimously said that the Home Secretary does have the legal power to prevent the extradition of Gary McKinnon. I welcome Theresa May's decision to review the case before making any decisions.'

Gary's Tory MP David Burrowes, a former shadow justice minister, said: 'There is the power and I disagree with anyone from the Prime Minister down who says the Home Secretary cannot intervene.

'If there has been a breach of human rights you can intervene.'

Mr Burrowes, who praised Mrs May for her intervention, added: 'The big issue in the election was one of trust. It is now about Parliamentarians keeping their promises and doing what they say.'

Legal advice obtained from human rights QC Tim Owen and Julian Knowles, one of the UK's leading extradition lawyers, by the Daily Mail said: 'It is plain that the Home Secretary has the power - and indeed the duty - to intervene in any extradition case even after the court process has ended if the evidence establishes that there is a real risk of a human rights breach should extradition proceed.'