192
Mr. Cortazzi
See 177
sentence
a
AKG 3867.
RECE
3.51
CO121 MAR 1978 AND EFEMERAL
DESK
INDEX
A
EGISTRY
otion Taken
No
Spuntary State
fee
my
loye
buck I
believed hat, we
так к
منطقة
I hesitate to intervene
on a draft which has clearly had don so much thought given to it, but I would just like to offer the following.
use wird
whurim
(a) The draft telegram might have a final sentence to say that d
a letter is following, in order to prevent one or more Governors responding before they have seen the full considerations set out in the letter.
в
hot seek
legal rights
I think
دوميه
(b) Is paragraph 2 of the letter really necessary?
my trouble is that I do not understand it; but it seems t me that, if I were a Governor, my comment on the second paragraph would be: "So what?". I can see that there are the legal and political difficulties described in paragraphs 3 and 4, but I question if there are "practica difficulties. In any case, in strict logic, if the Creech- Jones doctrine were abrogated, the situation would surely be that it would still be open to a Governor to exercise the prerogative of mercy; whereas the Secretary of State would have no such power, but would have the right to advise The Queen to exercise it. Does this really pose "practical difficulties".
(c) I know that the last sentence of paragraph 4 has been drafted
by the Legal Adviser. But I wonder if a formulation on the following lines would not better represent the Secretary of State's views: "You have, moreover, the real authority in these cases, an authority which he would wish to be exercised in favour of commutation, unless the considerations in any particular case clearly do not permit this course.
Anting Dy
(Antony Duff)
14 March, 1978.
cc Sir I. Sinclair
I have anerded the drafto
accordingly.
Sir Anthaft.
А
Powall Secretary
15:3
Amor Corlayd
14/15
CONFIDENTIAL AND EPHEMERAL