depart for pricy les
sruncated
as
well as after a decision not to commute it does not
necessarily mean that the decision was ill advised. The incidence of such cases is happily very small compared with
the many cases where decisions either to commute or carry out the sentence have contributed to public peace, order and confidence. But the important thing is that the decisions are taken by those who are not only best placed to judge but who also carry the immediate constitutional responsibility for public order. If an elected Minister, say of Home Affairs or of Justice, carries responsibility under a constitution, he and his government could reasonably complain if his voice in the crucial decision were not to be given due weight. If the power of decision in such a matter were to be removed in effect to the government in London, then it would no longer be possible to hold the Governor or his Ministers responsible for what might follow. It would amount to an amendment to the constitutional relationship between Whitehall and dependencies and this would of course require proper consultation between the metropolitan and territorial governments before being given effect. To change the practice without reasonable opportunity for local ministerial views to be heard might engender serious strains on the working of the sensitive and often difficult constitutional relationship between Governor and Ministers in which cooperation by elected Ministers is
vital.
6.
Subject to reasonable prior consultation it would clearly be legitimate for the UK Government either to vary the Creech-
Jones doctrine or to legislate by Act of Parliament so as to abolish the death penalty in dependent territories. If the latter course were followed the need for a local committee to advise the Governor would fall away and one powerful cause of Local Ministers declining to cooperate with the Governor in the operation of the machinery would disappear. If however the Creech-Jones doctrine were to be varied so as to permit the Secretary of State to decide each case in his own judgment and if the intention were to use this power in effect to abolish
3
CONFIDENTIAL
/the death