PERSONAL & CONFIDENTIAL
all the circumstances considered relevant by him, ie the fact that the use of the death penalty was repugnant to Parliament as well as the local facts and circumstances of the case. It would not be announced that the Secretary of State would in all cases advise The Queen to exercise her prerogative of mercy since that would re-introduce the question of a discretionary prerogative that I have already mentioned and there is the further point that the Secretary of State could not properly bind his successors. Nevertheless, our proposal would in practice leave the Secretary of State free to advise The Queen to exercise her prerogative of mercy in all cases that a death sentence was not commuted by a Governor.
I
5. We have invited Ministers to consider the matter in principle, that is we have not put any specific cases before them. We have however indicated that there are several cases pending so that an early decision of principle would be helpful, particularly in respect of Bermuda. I do not know whether Ministers will accept our recommendations and, if so, when a statement may be made in Parliament. There could be some reluctance to risk re-opening the debate on the use of the death penalty in the UK and, more particularly, in the case of terrorists in Northern Ireland. thought, however, that you should have this fairly full account of how matters are moving here. It is of course for your own personal information. I will of course keep you posted. Meanwhile I must leave you to judge whether and at what stage you want to take a hand in affairs in Bermuda along the lines of your letter. Evidently a petition to The Queen from Tacklyn's lawyer or Amnesty International (or even, less satisfactorily, from the PLP) would provide the Secretary of State with an opportunity to intervene and might serve as the occasion, if Ministers agree, for introducing the new approach that I have described.
HSH Stanley
PERSONAL & CONFIDENTIAL
[