TNAG-0601-FCO40-749-Capital-punishment-in-Dependent-Territories-1977 — Page 96

CONFIDENTIAL

Not so

3. A hybrid option

The disadvantage of option 2 would be mitigated if the "two tier" procedure

could be abolished. This could be achieved by removing from Governors

the power to exercise the Prerogative (paragraph 13.iv above). Unfortunately

this can only be done without formal constitutional amendment in three of

the territories concerned; in two of the others such an amendment could be

made unilaterally by Her Majesty's Government; and in Belize and Bermuda the

Government itself has to be consulted. But universality, though preferable,

is not essential. It may be outweighed by the advantages of applying this

solution wherever it is possible to do so and adopting option 2 where it is

not.

Future action

20. If Ministers decide to adopt one of the above options, the next step

would be for the Foreign and Commonwealth Secretary to seek The Queen's

approval for the action proposed. It would then be necessary to make a

statement in Parliament.

7 October 1977

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CONFIDENTIAL