POLITICAL
VOLUME 4 PART 1
RESTRICTED
(9.5)
9.5.4
9.5.5
9.5.6
the petitioner is an alien, in which case see paras 9.5.7-9.5.10). If it is not necessary to reply to the petition either before or after reference to the OAG, a submission is made to the Secretary of State that no reply to the petition should be sent. If the Secretary of State agrees, the geographical department should reply as laid down in DSP General Voluime 5 Part 1 para 8.19.2. If this procedure is followed, the petition should not be resubmitted to The Queen.
Petitions from persons other than aliens should be submitted to The Queen either by a formal submission signed by the Secretary of State or by a note from the Private Secretary to The Queen's Private Secretary. The more important petitions only will require formal submission. In either case, after the OAG has been consulted, the petition should be submitted by the geographical Department to the Secretary of State recommending any action to be taken, together with a draft reply to the petitioner. Any reply should be channelled through the geographical department and OAG. Petitions on personal questions should be accompanied by a brief statement of the facts of the case and of the reasons for the advice tendered to The Queen.
Where the Secretary of State agrees that a petition should not be entertained, his advice to The Queen is that the reply to the petition be in the form, "the petition has been laid before Her Majesty but the Secretary of State was unable to advise that the petition should be granted". In some cases it may be suitable to add an expression of regret.
Since a reply to a petition has to be given in The Queen's name, it is particularly important to avoid delay. If the OAG is asked for a report, he should be requested to reply quickly. The procedure in para 9.5.4 should be carried out as promptly as possible.
9.5.7
9.5.8
9.5.9
9.5.10
9.5.11
9.5.12
9.5.13
Petitions to The Queen from aliens
Aliens have only limited rights to petition The Queen. They have no right to petition on matters which occur outside Her Majesty's dominions and such petitions should not be submitted to The Queen.
Petitions from aliens resident abroad requesting permission to enter a DT or complaining of their inability to obtain facilities to proceed to such a Territory, should not be submitted to The Queen.
If, in the case of a petition described in paras 9.5.7 and 9.5.8, it is necessary to reply eg to return documents, it must be made clear to the petitioner that his petition has not been submitted to The Queen. No substantive reply to the petition should be sent.
A petition from an alien on matters or events occurring while he is visiting a DT may be treated as if it were a petition from a British subject (see para 9.5.4), provided it relates to some alleged disability to which the petitioner or one of his family or friends may have been subjected. No reply need be sent to general criticisms of policy in a DT but it may be desirable to send the representation to the OAG for information or consideration.
Petitions to The Queen in Council
There is no right of a subject to petition The Queen in Council, except under special statutory provision, but petitions can, under Section 4 of 3 and 4 William IV, cap 41, be referred to the Judicial Committee of the Privy Council if the Secretary of State so recommends.
All petitions addressed to Her Majesty in Council should be sent to the Privy Council Office.
If they appear to be intended for the Judicial Committee they should be referred to Legal Executive Branch, who should carry out the following actions:
1
2
Forward them to the Registrar of the Committee and ask him to advise how they should be treated.
Consider with the OAG concerned whether any steps should be taken on behalf of the Crown (see Chapter 12).
MARCH 1990
9.3
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