TNAG-0600-FCO40-748-Capital-punishment-in-Dependent-Territories-1977 — Page 150

RECEIVED IN REGISTRY No. 51

2 8 JUL 1977

HKC 380/

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Stewart

Mr JAB Stewart

CAPITAL PUNISHMENT

1.

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I have not of course been involved in the discussions leading clund

up to the present consideration by Ministers about a proposed change in the Creech Jones doctrine, but I should like to put on

record a couple of the constitutional implications.

Ronerally

2. The Creech Jones doctrine has for 30 years been the publicly recognised code of practice between the dependency governments concerned and the British Government. It has been the underlying basis upon which Constitutional Conferences have agreed to the provisions of present constitutions defining the responsibilities of Governors and Ministers or Advisory Committees in relation to

the prerogative of mercy. It is not, in my view, open to one party to such an agreement unilaterally to alter that basis, without first consulting, or at least giving due notice to, the other. Dependency governments would be particularly sensitive to this in cases where elected Ministers are responsible for law and order in a self-governing constitution.

3. I think that it might create serious difficulties if, without prior consultation with local Ministers, the Secretary of State were in any individual case to depart unilaterally from the accepted

code of practice. In this context I would draw attention to the

situation which arose in the Moore case in 1975. In the course of a long report, the Governor made the following observation:

"Even worse might be the effect of having the executive

decision of the Governor in Belize, supported by his

constitutional ministerial advisers, overruled by the Secretary of State in London: this would appear an affront to the constitutional authorities in Belize

which the "Creech Jones" doctrine had specifically been designed to avoid and which the Secretary of State would clearly abhor."

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