CONFIDENTIAL
2 -
powers by the executive. If, however, this risk were considered
acceptable the Parliamentary statement could be amended to meet the
Attorney General's point.
III. Legislation would be the proper method for securing abolition
of the death penalty in Dependent Territories.
Whether or not legislation were to take the form of an Order-in-Council
or an Act of Parliament, UK legislation would be open to the objections explained in paragraph 5(ii) and (iii) above. [Furthermore if we were
to legislate on behalf of the Dependent Territories in this matter,
such legislation would limit the freedom of action of such of these
Dependencies as will come to independence in the reasonably near
future. No legislation which would effectively amend the
Constitution of Bermuda could be introduced without the consent of
the Government of Bermuda.]