CONFIDENTIAL
232
ET MON
OROIT
*****
218
Ref: B05318
Den
нка 386
RECEIVED IN PHOY NO. 51 1 5 MAY 1978
DESK OFFICI
INDEX
No
REGISTRY
Action Taken
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CABINET OFFICE
70 WHITEHALL
LONDON SW1A 2AS
233 8378
24th April 1978
Capital Punishment in the DOTS
Thank you for your letter of 19th April enclosing your paper on the legal and constitutional implications of this problem.
This is very helpful in clarifying the issues and is very much the sort of thing I had in mind.
2. There are two comments I should like to make on it. The first is that there is perhaps, at least to the non expert reader, some inconsistency between the point made in paragraph 16 that legislation is "the only proper and effective method" of securing abolition and the statement in paragraph 4 that the United Kingdom Parliament does not in practice legislative about domestic matters against the wishes of the local Government. My second comment is that it would, I believe, be helpful if the paper could end up with some conclusions. This could be quite easily achieved by a slight amendment to the last two paragraphs and giving them a separate heading. I enclose a suggested revised version of the final paragraphs which is designed to caer both these points. I should be glad to know whether it is acceptable to you.
3. As regards the future of the paper, I believe it would be useful for it to be circulated, with the attribution you have given it, ie "Note by the Legal Adviser to the Foreign and Commonwealth Office eto" to the members of the Ministerial Group (GEN 103). The question is whether this should be done now or whether it should be deferred until Ministers are ready to revert to the subject with a view to taking substantive action. There may be a case for adopting the latter course, which would in practice mean holding the paper in abeyance until the next session of Parliament (although in this case it would probably be useful to put it round formally as a paper for the Official Group (GEN 99). My own inclination however would be to circulate it to the Ministerial Group now at a time when there is no specific case which makes it necessary to address the policy under pressure of a deadline. I propose to seek the Lord President's views but, before doing so, I should be glad to know what you think.
4. I am sending copies of this letter and enclosure to the recipients of yours, whose views you may wish to seek on my suggested revised version of the final paragraphs.
(228 and See 235
Jon
LVA
Sir Ian Sinclair, KCMG Foreign and Commonwealth Office
CLIVE ROSE