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guaranteed. Not all Governors have the power to propose and
force through such legislation on their own account. Local
politicians are notoriously reluctant to give a lead to public opinion. Even if we were to succeed in persuading
one or two legislatures it is inconceivable that we would be
able to deliver all six in time to avoid the risk of an
execution.
9. The only practicable way forward is to introduce
legislation in the UK. It would be possible, but highly
undesirable, to introduce a Bill providing for abolition in
all the Dependent Territories. A far more satisfactory
alternative is available in the case of the five Caribbean
territories. Capital punishment can be abolished in these territories by Order in Council, since Her Majesty has
expressly reserved to Herself full power to legislate for those territories by Order in Council. However, there is no such reservation in respect to Bermuda. Primary legislation would therefore be required to achieve abolition in that territory, unless the Bermuda legislature itself took
action.
The Caribbean Dependent Territories
10. As regards the five Caribbean territories, I propose a
single Order applying to Anguilla, BVI, Cayman Islands,
Montserrat and TCI. The Order would be made under section
1(2) of the Anguilla Act 1980 and section 5 of the West
Indies Act 1962. In accordance with section 7 (3) of the
West Indies Act such an Order (or Orders) would simply
require to be laid before Parliament after being made.
would not be subject to either the positive or negative resolution procedure.
/11.
It
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