CONFIDENTIAL
2.
1974 is as follows
7.
"Death Sentences
The Governor said he had strongly represented to the Secretary of State the need for capital punishment to be carried out, and the strong feelings of the Council and the community. Mr. Callaghan's view was that there was a strong majority of M. Ps. opposed to executions in the U.K. or anywhere else and that as long as the majority held this view, he would in every case have to advise clemency. Mr. Callaghan and Lord Goronwy Roberts thought that the attitude of M.Ps. and the U.K. electorate might change as a result of the current terrorism in Northern Ireland and in other parts of the U.K. The Governor concluded that the Secretary of State wished him to inform the Council of what he had said".
Sir Y.K.'s contention, which was supported by other Unofficial Members, was that it was misleading to say that the prerogative of mercy was delegated to the Governor, when the harsh fact was that the Governor would not be supported by HMG if he were to decide that the law should take its course in any particular case.
8.
Roberts, who was presiding as
Acting Governor replied that the statement was constitutionally correct. The fact that it was likely that the Governor might be overruled in the immediate future if he were to decide in favour of an execution, would not necessarily always be the position. Sidney Gordon asked that the Executive Council minutes should record the concern of Members of the Council over the Minister's statement.
9.
Sir
The terms of Mr. Hattersley's reply were cleared with us and I seem to remember you spoke to me about them, and that I simply shrugged in reply obviously the answer left a lot unsaid! The fact that there was such a strong criticusm is evidence of the
CONFIDENTIAL