VOLUME 8
RESTRICTED
(9.5-)
9.5.2
9.5.3
9.5.4
9.5.5
9.5.6
9.5.7
Petitions arising from judgments of Courts (see para 9.5.17)
Petitions relating to the exercise of the Royal Prerogative of Mercy (see Chapter 12)
A petition to The Queen, or sent to the Secretary of State for transmission to The Queen, from a private citizen in Britain, but relating to policy, affairs or events in a DT should be dealt with in accordance with DSP Volume 75 paras 8.19.1 and 8.19.2. It should be referred to the OAG of the Territory concerned, and an acknowledgment sent to the petitioner (by the geographical Department) saying that "it has been transmitted to the OAG of [Territory] for his advice".
A petition sent direct to The Queen by a person in a DT is sent by the Palace to the Private Office. The Private Secretary will then pass the petition to the appropriate Department(s). If it is considered necessary to reply to the petition, an acknowledgment should be sent to the petitioner by the Private Secretary through the geographical Department or OAG as laid down in DSP Volume 75 para 8.19.2 but as modified in para 9.8 of this Volume. When the OAG has reported on the petition, the procedure in para 9.5.4 is followed (unless the petitioner is an alien, in which case see paras 9.5.79.5.10). If it is not necessary to reply to the petition either before or after reference to the OAG, a submission is made to the Secretary of State that no reply to the petition should be sent. If the Secretary of State agrees, the geographical Department should reply as laid down in DSP Volume 75 para 8.19.2. If this procedure is followed, the petition should not be resubmitted to The Queen.
Petitions from persons other than aliens should be submitted to The Queen either by a formal submission signed by the Secretary of State or by a note from the Private Secretary to The Queen's Private Secretary. The more important petitions only will require formal submission. In either case, after the OAG has been consulted, the petition should be submitted by the geographical Department to the Secretary of State recommending any action to be taken, together with a draft reply to the petitioner. Any reply should be channelled through the geographical Department and OAG. Petitions on personal questions should be accompanied by a brief statement of the facts of the case and of the reasons for the advice tendered to The Queen.
Where the Secretary of State agrees that a petition should not be entertained, his advice to The Queen is that the reply to the petition be in the form, "the petition has been laid before Her Majesty but the Secretary of State was unable to advise that the petition should be granted". In some cases it may be suitable to add an expression of regret.
Since a reply to a petition has to be given in The Queen's name, it is particularly important to avoid delay. If the OAG is asked for a report, he should be requested to reply quickly. The procedure in para 9.5.4 should be carried out as promptly as possible.
Petitions to The Queen from aliens.
Aliens have only limited rights to petition The Queen. They have no right to petition on matters which occur outside Her Majesty's dominions and such petitions should not be submitted to The Queen.
October 1978
47
RESTRICTED