ил PS/Mr Rowlands
To see hard B-Ris
comment. Jones 23%
Flag A
A
{
Mr Murray
PS/Mr Rowlands
W4
advantage in
Ser P. Rams bollam's
REVISED SUBMISSION
there
Are
Strme
CONFIDENTIAL
but the
parbanlar
рала
outweigh them
уде вит
Eur.
objections (vide in
"Stewarts' subminion) clearly
ছি
M23/2
23/2
CAPITAL PUNISHMENT: LOCAL COMMITTEES ON THE PREROGATIVE OF MERCY
1.
Before reaching a decision on the exercise of the Royal Prerogative of Mercy, Governors are required first to consult either their Executive Council or a local advisory committee
known as the Committee on the Prerogative of Mercy. Sir Peter Ramsbotham has proposed to the Secretary of State that the Governor of Bermuda should in future be bound to take
the advice of this Committee rather than as at present. The Governor's suggestion is an interesting one and its effect would as the Secretary of State said - be a way of avoiding apparent conflict between the Governor and the Secretary of State. However, there are legal and constitutional difficulties.
2. The effect of Sir P Ramsbotham's suggestion would be to take away from the Governor the ultimate decision which has been delegated to him by HM The Queen and place it on a collective body which will take decisions by majority vote. However, the Governor would retain formal responsibility for action taken in accordance with the advice of his Committee and, in an unpopular decision, the odium would still attach itself primarily to the Governor.
-
3. There are no precedents for placing responsibility for exercising the Prerogative of Mercy in dependent territories in the hands of anyone other than the Governor. In independent territories the responsibility is placed in the hands of a single Minister, acting after consultation with a Committee, who advises the Governor-General. The Governor-General's role is purely formal and responsibility for the decision rests with the Minister. The Minister s position is therefore comparable to that of the Home Secretary here prior to
abolition.
CONFIDENTIAL
HKC 386/2 RECEIVED IN PEGSTRY NO. 51 - 6 MAR 1978
DESK OFFICER
INDEX
PA
REGISTRY Action Taken
No
Le