POLITICAL
VOLUME 4 PART 1
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9.4 - 9.5
9.4
9.4.1
9.4.2
9.4.3
9.4.4
9.5
9.5.1
PETITIONS ADDRESSED OR REFERRED TO THE SECRETARY OF STATE
For the substantive treatment of petitions from persons in a DT there must be a report and recommendation from the OAG. In normal circumstances an Assistant Under-Secretary of State may take a decision to support the recommendation of the OAG, and then set in hand the appropriate procedure for answering the petition (see paras 9.5 to 9.9). Annexes 9.1 to 9.4 set out the logical sequence of dealing with the petitions. In certain cases 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, the Head of the DT geographical department may, with the agreement of the supervising AUSS and of the departmental Legal Adviser, take a decision to answer the petition at departmental level without reference to any higher authority.
If in the course of consultations about the petition either inside or outside the FCO any sound reason is adduced as to why the recommendation of the OAG should not be accepted, of if the departmental Legal Adviser so recommends, the Assistant Under- Secretary of State is obliged to submit the recommendation of the OAG, together with the arguments against its acceptance, to the Secretary of State or other appropriate Minister for a decision.
When it is proposed to support the recommendation of the OAG, but an important point of principle or policy is involved, or the decision may alter the policy or practice in some other DT, the Assistant Under-Secretary of State submits the petition, together with the proposed answer, to the Secretary of State or other appropriate Minister.
Once a decision has been taken at the appropriate level, and the procedure for informing the petitioner has been carried out (see paras 9.5 to 9.9), the desk officer may turn down any subsequent petition on the same matter without reference to any higher authority. But he should decide, in consultation with the OAG, whether there is any new matter in the petition and if there is, the decision should be made at the level of Assistant Under- Secretary (see para 9.5.18).
PETITIONS TO THE QUEEN
Petitions to The Queen are of the following kinds:
Appeals arising from decisions of a Governor or the Secretary of State (see paras 9.5.3 to 9.5.10)
(a)
(b)
Petitions to Her Majesty in Council, ie intended for the Judicial Committee of the Privy Council (see paras 9.5.11 to 9.5.16)
(c)
Petitions arising from judgments of Courts (see para 9.5.17)
(d)
9.5.2
9.5.3
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 General Volume 5 Part 1 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 General Volume 5 Part 1 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
MARCH 1990
9.2
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