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CONFIDENTIAL
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We were agreed on the desirability of changing the present policy which was formulated in circumstances at home and abroad very different from today's, but we did not reach a conclusion on how the change should be made or when. There are two ways in which we could alter the present system. The first course is to abolish the death penalty in the dependent overseas territories. This would require legis- lation. But we cannot be certain that local legislation would be passed in all seven territories. The alternative would be United Kingdom legislation, but GEN 103 saw difficulties about this course at this stage in this Parliament's life. It might also give some impetus to the continuing demands in the country at large for the return of capital punishment. The Home Secretary is also concerned that United Kingdom legislation might cause problems over Jersey and the Isle of Man where capital punishment has not been abolished.
The second course would be to make a Parliamentary statement abrogating the Creech-Jones doctrine and introducing a policy requiring all cases where the Governor of a territory did not exercise the Prerogative to be referred to the Foreign and Commonwealth Secretary for him to consider, in the light of the particular circumstances of the case as well as the relevant public considerations, whether to advise the Queen to exercise the Prerogative. This change would put the Foreign and Commonwealth Secretary in essentially the same position with regard to the dependent overseas territories as the Home Secretary is in relation to Jersey and the Isle of Man.
The problem of capital punishment in the seven overseas territories is given practical point at present by the case of two men in Bermuda who have been sentenced to death for the murder of the previous Governor. A petition has been presented to the Queen on their behalf, and the Governor has issued a stay of execution. Under the present policy the Foreign and Commonwealth Secretary has no choice but to advise the Queen to let the law take its course.
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At the meeting there were doubts about the wisdom of intro-
If
ducing a general change to the system against the background of this particular case (which, because it involves the murder of a Governor, is a particularly difficult one). we make the change before the case is settled, it might be thought that it was simply for the purpose of being able to intervene in it. On the other hand, a general change of policy made immediately after the case is disposed might look like a response to pressure.
Cont/..