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Mr Stratton PS/Mr Rowlands

CONFIDENTIAL

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Minister

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Suggestion

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CAPITAL PUNISHMENT: LOCAL COMMITTEES ON THE PREROGATIVE OF

1. Before reaching a decision on the exercise of the Royal Prerogative of Mercy, Governors are required first to consul either their Executive Council or a local advisory committee

known as the Committee on the Prerogative of Mercy.

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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 - apparent conflict between the Governor and the Secretary of State. However, there are legal and constitutional difficul

2.

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The effect of Sir P Ramsbotham's suggestion would be to take away from the Governor the ultimate decision which has be 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 in accordance with the advice of his Committee and, in an unpopular decision, the odium would still attach itself primarily to the Governor.

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3. There are no precedents for placing responsibility exercising the Prerogative of Mercy in dependent territories, in the hands of anyone other than the Governor. In 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

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RECEIVERY NO. 51

INDEX

No

28 FEB 1978

AN OFFICER

PA

EL

REGISTRY ¡Action Taken

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