From: His Excellency The Hon. Sir Peter Ramsbotham, GCMG, GCVO.

Government House

Bermuda

нка 38012

• NOSIE s. 2:

8 JUN 1981

DGO 14/3/6

PERSONAL AND CONFIDENTIAL

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11 April, 1979

R N Posnett Esq, CMG OBE

TRY

Dependent Territories Adviser Foreign and Commonwealth Office

Dear Dick

I am grateful to you for giving me the opportunity to comment on the draft paper about capital punishment enclosed with your letter of 20 March.

The draft seems admirable to me. I agree, in particular, with the contention that no Governor should be expected to take account of UK Ministers' domestic political requirements, when exercising the royal prerogative; and I trust that none will ever be pressed, however discreetly, to do so. It remains my view that there is, nevertheless, quite a strong case for arguing that, in this matter, proper account should be taken of UK considerations provided that a UK Minister is seen to take it.

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Bermuda Ministers would not, in my present view, really object to a variation of the Creech Jones doctrine for this purpose, even if the outcome was the de facto abolition of capital punishment here. Some of them might secretly be rather relieved. I should share their relief. But my understanding, from Michael Palliser's letter of 4 April 1978 and other correspondence last year, was that legal objections precluded such a course.

Perhaps I should add, finally, that our Royal Commission on Crime made an interesting recommendation about the exercise of the prerogative. I enclose a copy of paragraph 54 of its Report, which spells this out. I propose to await local reactions before pursuing the idea. But it is certainly an idea which seems to merit

consideration.

Jours

ever

PERSONAL AND CONFIDENTIAL

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