TNAG-0600-FCO40-748-Capital-punishment-in-Dependent-Territories-1977 — Page 27

CONFIDENTIAL

Mr Milton, HK&GD

CAPITAL PUNISHMENT

i.

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Reference.

HMC 380/1

RECEIVED TM

Mr. Frewall- ( 255 peppy

for pm 27 m

DESK OFFICE

No

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10. 51

REGISTRY

Action Taken

Many thanks for letting me see the FCC contribution to the draft Committee paper. I mentioned to you and later to Mr Cortazzi my concern that the paper ought to draw Ministers' attention to some material and relevant points which MPs are anyway likely to raise. The main points I have in mind are:

It has long been British policy to devolve The Queen

responsibility for internal affairs upon democratically elected territory governments. In the territories with advanced constitutions Ministers are responsible for law and order. Thepolicy on capital punishment clearly impinges upon that responsibility, which must therefore be taken into account.

2.

3.

4.

ii.

iii.

In the electorates to which local Ministers are responsible the social systems and problems of law and order are quite different from in Britain.

As explained in my minute of 29 July it is not only in Bermuda (as paragraph 12(i) suggests) that we should be inhibited from departing without notice from an arrangement on the basis of which present constitutions were agreed. The effect of such a unilateral change upon constitutional and political relationships should not be underestimated. (This is a sensitive matter: c.f. the BVI confrontation with the Governor four years ago)

On points of detail and drafting:

i.

ii.

iii.

Paragraph 8 is, to me, an unreal over-simplification and ignores the points in the preceding paragraph.

In paragraph 9 the phrase "old testament" is a bit out of keeping with the serious debate which this subject receives not only in Britain but for example just now in France and in New York.

If it is correct, as I am informed, that hangings are common in the independent Caribbean countries and may run to more than 20 a year in Jamaica, then Annex A seems misleading.

I have discussed with Mr Bickford who does not dissent.

Mr Cortazzi has minuted:

"I think it right that we should try to ensure that the paper covers all the issues adequately and I

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CONFIDENTIAL

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