THE CONVENT,
GIBRALTAR.
-2-
For these reasons I do not think that anyone here would regard it as other than normal
2.
that there should be a despatch covering what should be done in an emergency when the Governor could not for some reason designate someone to act for him and
b.
that the despatch should provide for the assumption of the functions of the Office of Governor by the Deputy Governor, in the terms of the despatch of 10 January 1974.
I would not, however, favour publication of this designation in advance of its being required. As you say, it could make it hard to make a change if for some particular (and, I would hope, only temporary) reason it was thought best not to envisage the holder of the office of Deputy Governor as the successor under Section 22(1) of the Constitution. I see no reason, indeed, why the commission need ever be published. In a situation in which, say, the Governor was incapacitated by such a serious illness that action fell to be taken under Section 22 rather than Section 23 of the Constitution, the Chief Justice could simply use the authority of the dormant commission to swear in the Deputy Governor, and a public announcement would be made in the terms normal here, that the Queen had designated Mr X, Deputy Governor, 'to assume the functions of the Office of Governor under Section 22(1) of the constitution'
If you agree that we could and should act in that way, I suggest that you give us instructions to down-grade the despatch of 10 January 1974 to 'Staff-in-Confidence'. It could then remain, with that classification, on the private file in the Governor's office.
Yours ever Robin
P.S. Please forgive the superscription to this letter which is no par of the letter I dictated; but I have not the heart to ask for it to be retyped! R,