Mr Fifoot
Separat
mimto
Legal Adviser
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PJ ZAVD
PA Petitions
HKC 236/3.
PETITIONS TO HER MAJESTY THE QUEEN: DSP VOL 8: DEPENDENT TERRITORIES
So
09
1. I have been examining the text of Chapter 9 of this volume in an attempt to clarify the exact procedure to be followed regarding petitions to the Queen. The revised text of this volume has not yet been circulated and WIAD (the Coordinators) have agreed to consider suggested amendments. I have been looking specifically at paragraph 9.4.1 and its application. this I have been grateful for the advice contained in your minute to Mr Stone of 9 August 1990.
In
2. Paragraph 9.4 deals with petitions addressed or referred (my underlining) to the Secretary of State. (In Col Regulations 171, all petitions to the Queen from members of DTs should be forwarded by the Governor to the Secretary of State): I notice that subparagraph 9.4.1 makes a cross-reference to paragraphs 9.5-9.9 which seems to indicate that the procedure for petitions to the Secretary of State outlined in 9.4.1 is also applicable to petitions to the Queen (and also to the Queen in Council and the Prime Minister). This procedure allows petitions to be answered at Departmental level, (with the consent of the Departmental Legal Adviser and AUS), where "the subject matter of a petition is of a minor or trivial nature or where the right to petition is clearly being exploited in a perverse fashion." It seems to me that the procedure in paragraph 9.4.1 can be interpreted as applying to each type of petition, and it is this part of the text which is reflected in the four flow charts at Annexes 13-16. This is also my interpretation of the text at subparagraph 9.4.1
3.
I am inclined to think therefore, that the correct procedure for dealing with petitions is reflected in the flow chart at Annex 13. It strikes me that it would be inconsistent if subparagraph 9.4.1 were to apply only to petitions to the Secretary of State and not to petitions to the Queen. In this case, a petition to the Secretary of State deemed to be of a minor or trivial nature or abusing the right of petition, could be given a departmental reply but an identical petition addressed to the Queen would have to be submitted to the Secretary of State and on to the Palace. It also strikes me that this interpretation has been in DSP for a good many years and if it is an incorrect one, would constitute an incredible oversight on the part of those responsible for its logic and soundness.
* of the march 1987 version.
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