TNAG-0599-FCO40-747-Capital-punishment-in-Dependent-Territories-1977 — Page 62

DIE

CONFIDENTIAL COVERING SECRET

or that a Bill might be introduced in Parliament to abolish capital

punishment unilaterally in the dependent territories. However, in each case there are strong practical or constitutional reasons why such a course is not possible.

4. The department recommends that you should now abrogate the

"Creech Jones" doctrine. In each case where the Governor of a

dependent territory decides not to exercise the Prerogative of Mercy himself, you should automatically consider the case, having regard to all the circumstances which you consider relevant, including the

repugnancy of Parliament to capital punishment, before making a recommendation to The Queen; they also recommend that a statement

should be made in Parliament giving notice that the "Creech Jones" doctrine has been abrogated.

5. I have considered carefully the circumstances as set out in the submission and the considerations advanced there and I support the recommendation. I attach a draft minute to your DOP colleagues informing them of this. The Parliamentary announcement could be

handled either by a statement or a written PQ. In view of the importance of this development, and the likely public interest, I doubt whether we would get away with the latter. A statement on the other hand might cause delay. This might be awkward in the Bermuda case (although this is not certain). I have asked the department therefore to consider urgently ways in which an appeal from Bermuda

might be handled prior to a statement.

TR.

Ted Rowlands

CONFIDENTIAL COVERING SECRET