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19. But most of our problems resulted from reluctance to find the resources to fulfil our responsibilities towards the DTS. We were trying to run them on the cheap. In the context of treaty obligations, Mr Hendry considered that we were justified in taking a strong stance in cases where extension of a treaty to a DT was entirely or very largely in the DT's own interest or at its request. In such cases, the UK was justified in expecting the DT to foot the consequent bills. However, the UK should be ready to help with resource requirements whenever it was clearly in the UK's interest that a DT should have a treaty extended to it.
Item 6 Constitutional Matters
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20. M Wallace said that there were no constitutional matters he wished to raise. He would endeavour to produce by the next DTLG meeting a paper on the common constitutional problems of the DTs.
Item 7 - Capital and Corporal Punishment
21. Mr Hendry noted that capital punishment was now limited, among the DTS, to those for which WIAD was responsible. In Hong Kong, death sentences were always commuted. He referred to the Troy Shorter case in Bermuda. If Shorter were ultimately executed, this would be the first execution in a DT since 1977 (also in Bermuda). Given the strength of abolitionist feeling, Shorter's execution might cause a human rights controversy in the UK. It might also rebound against us when we lobby, in the company of our EC partners for the death penalty not to be carried out in certain cases.
22. Mrs Britton noted that the existence of judicial corporal punishment in the DTs caused the UK embarrassment because we risked being found in contravention of the European Convention on Human Rights, the International Covenant on Civil and Political Rights, and the UN Convention against Torture. The governments of TCI and Bermuda seemed to be moving towards abolition and the question was under review in Hong Kong. With regard to other Ts concerned (Montserrat, BVI and Anguilla), this trend was less discernible. Mr Hendry emphasised that the UK Government had a duty to ensure that the DTS should meet their international obligations. He recommended that WIAD should send a chaser to Governors, asking for progress on abolition. Mr Wallace noted that in the majority of the DTs in question, the Governor could if necessary use his reserved powers to introduce appropriate legislation. the cases of Montserrat and Bermuda, however, this would not be possible because the Governor had no reserved legislature powers, nor had power been reserved to legislate by Order in Council for those territories.
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