А
4.
replace Mr Osborne and I then concocted some language to the first part of replace paragraph 3, including sub-paragraphs (a) and (b) of the draft telegram. We have no objection to the inclusion of the last two sentences of paragraph 3. The language we have jointly devised would read as set out below.
(I have put square brackets round the language that I have added since speaking to Mr Osborne, to indicate to you that it is not language which Mr Osborne and I jointly agreed; it is however language based on the advice given by Mr Osborne. The square brackets serve only to mark the insertions which I have made to the agreed language; you may, of course, use the language without the square brackets for the telegram).
5.
"3. How to set up such a panel? Home Office Legal Advisers are doubtful about setting up an advisory panel under the draft Order [on vires grounds] and see no power to set up a decision-making body in existing legislation. [But as the body would not make binding decisions there would be no need for a legal basis for the body; it could be set up administratively. The body should not in any case exercise discretionary powers which properly belong to the Governor as delegated to him under British nationality legislation. [The Governor may not bind himself to act on the view of the advisory body although of course he may take its views into account in reaching his decision]. In conclusion, an advisory body performing
#
B
One other small point on the telegram. In the light of paragraph 2 above, I suggest amending the penultimate paragraph of paragraph 2 of the draft telegram to read "An advisory body would usefully give advice to the Governor which he could take into account in exercising his discretion in border line cases.
2
Shelagh Brooks.
Shelagh Brooks