Ref: B05272
original
CONFIDELITI AL
on HKG 386/1 Saia @
2nd March 1978
нка 380/2
RECEIVED 189 1
V NO.
· 6 MAR 1978
Capital Punishment in DOT
DESK OFFICER
PA
keton T
INDEX
No
L
You will know that the Cabinet decided on 23rd February to postpone any action in Parliament to change the present procedure based on the Creech-Jones statement. They agreed that, when they considered the problem again, they would need to decide whethar to proceed by means of United Kingdom legislation or by abrogation of the Creech-Jones doctrine.
2. The Attorney General told me after the Cabinet meeting that he was still not happy about the idea of introducing what would in effect be a two-tier system, whereby the Foreign and Commonwealth Secretary, if he wished to recommend a reprieve, would be advising The Queen to override a docision by the Governor in the exercise of his delegated authority. He said he hoped some way might be found of avoiding this awkward procedure. In fact, my impression is that he would prefer to act by means of United Kingdom legislation, and I have no doubt that this remains the Lord Chancellor's view,
3. I undertook to put to yɔu the suggestion that, before the subject comes back to Ministers, a paper should be prepared on the legul and constitutional implications of the various alternatives to the existing procedure, indicating the difficulties which arise in e ch case and,
I believe most of the material where possible, ways of overcoming them. already exists in the FCO; arguments from it were introduced at the inter- departmental group (GEN 99) which met under my chairmanship last year to produce the report for inisters (CEN 103(77) 1). But that report, while taking account of the legal and constitutional ipplications, was drafted on the basis of the political considerations and requirements, and does not quite cover the ground the Attorney General has in mind.
4. Would you be willing to take this on? I assume you would bring in someone from the Law Officers' Lepartment (Mike de Winton, to whom I am copying this letter, sat on GEN 99) and also from the Lord Chancellor's
We could consider later what Office, and possibly the Home Office. circulation to give a paper on these lines; it might be helpful to circulate it to mumbers of GN 103 as background for their further consideration of this subject.
5. I am also sending a copy of this letter to Jolin Stewart, to whom I have already mentioned this suggestion.
Sir Ian Sirolair, KCND
J
CLIVE RO
CLIVE ROSE