TNAG-0600-FCO40-748-Capital-punishment-in-Dependent-Territories-1977 — Page 81

CONFIDENTIAL

- 7 -

the Caymans and the Turks & Caicos Islands but

if legislation cannot be imposed in the majority

of dependencies there is little point in considering

it in relation to the others. Moreover, such

legislation would be of a transient nature, capable

of repeal, perhaps on constitutional evolution and

certainly on independence. It would be seen in that

light as a clear imposition of will contrary to the

wishes of the inhabitants.

(iii) UK Bill to abolish unilaterally

ร

The UK Parliament could legislate unilaterally

to abolish capital punishment in those dependent

territories where it is still retained. On purely

legal grounds this would be the most desirable

solution. It would overcome the present situation

whereby the death penalty is retained on the statute

book in dependent territories, its exercise being

administratively avoided by action in the UK. It

would also have the advantage of making it clear to

the governments and people of the dependencies that

the death penalty will be in suspense while they are

dependent upon the UK. On the other hand, action by

the UK Parliament would be bitterly resented in the

dependent territories on the same grounds that would

apply if an attempt were made to instruct Governors

to exercise the prerogative of mercy in all cases.

At Westminster there could be difficulty arising from

the fact that hitherto the British Government itself

has not initiated legislation on the death penalty.

CONFIDENTIAL

/(iv)