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3.
formula in order to give the Foreign and Commonwealth Secretary more freedom to come to his own decision on the use of the death penalty in any given case. From the purely legal point of view, the first of these alternatives is preferable but there are a number of inherent difficulties, not least of which would be the provision of parliamentary time for a Bill.
7. I have told Parliament that I do not think it would be right for me to abrogate the Creech-Jones formula as an executive act. I said that the matter would have to
go before the House for the whole House to decide. I think this is best done by the introduction of a substantive motion which would, if passed, replace the Creech-Jones formula. It should give the Secretary of State greater freedom to come to his own deciion but without, of course, binding him in any way. Each case would have to be considered independently without any predetermined intention to come to a particular conclusion.
8.
Traditionally, the issue of capital punishment has always been raised by a back bencher. Indeed Stanley Newens has put down the Early Day Motion I referred to above. However, that Motion merely calls for the abrogation of the Creech-Jones formula without suggesting how it should be replaced. For this reason I think it would not be suitable for our purposes. I attach a draft of the sort of wording I would prefer. The practical effect of the Motion must be twofold: firstly, it must ensure that every capital case in which no reprieve is granted locally should be referred to the Secretary of State; and, secondly, it must leave the Secretary of State as free as possible to come to his own, independent conclusion taking into account all circumstances he considers relevant, including, for example, the views of Parliament on the general principle. I think there would be merit in such a motion being put down by the government and I invite my colleagues to concur in these proposals.
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