CONFIDENTIAL
FROM:
DATE:
PS/Mr Lennox-Boyd
14 February 1991
CC:
PS
Mr McLaren
Mr Beamish
Mr Chamberlain, Legal Advisers
Mr Gorham
WIAD
DEPENDENT TERRITORIES:
CAPITAL PUNISHMENT
1. A formal record will no doubt issue of today's meeting with the Lord President but you may find useful the following, based on Mr Lennox-Boyd's comments to me this evening.
2.
The upshot of the meeting is that we have what we want: agreement to proceed to abolition of capital punishment in the Caribbean Dependent Territories by Order in Council. The only change of any importance which we shall need to make to our proposals is to amend the Order in Council to make clear that capital punishment in the DTS would be retained for the offence of treason, as it is in the UK. Otherwise, Mr Lennox-Boyd's understanding is that we may go ahead on the following basis: first, consultation with the local governments (Mr Lennox-Boyd assured the Lord President that two weeks would be adequate); second, a minute to the Lord President reporting the outcome of the consultation and suggesting a form of words for a PQ to announce the enactment of the Order, either on the same day as it is made or immediately afterwards. You or Legal Advisers will need to discuss the precise timing with the Privy Council Office.
3.
The only opposition to the proposals came from Lord Waddington but I gather his objections were not shared by the other Ministers at the meeting. The Clerk to the Privy Council apparently questioned the correctness of using Section 5 of the West Indies Act but since he conceded that this was "probably lawful" this doubt was not pursued.
Mr Lennox-Boyd would like advice soon on the timing of consultations. Mr Lavity Stoutt's visit here may prove useful in this context.
4.
CONFIDENTIAL
Martin Hatfull