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Mr Stewart
Capital Punishment in the Dependent Overseas Territories:
Ballot
Cleds.
3:35
for Private Members Motions
The
The Secretary of State has seen Mr Stewart's submission of 13 December and the PUS' minute of the same date. Secretary of State has decided that he would like to consider a paper, setting out the options, which he could put to Gen 103 on his return to the Office in January.
The paper should cover instructions to Governors in
Dependent Territories where capital punishment still exists asking them to urge a review of legislation in the territory concerned.
He would also like the paper to deal with the handling of the issue in the House of Commons and the possible form that a motion might take. The Secretary of State has in mind a substantive motion which would give any Secretary of State the maximum freedom to recommend the exercise of the Royal Prerogative but without binding his successors. The Secretary of State has said that the motion might take the form of a recommendation by the House that in considering what advice to give on the use of the Royal Prerogative, the Foreign and Commonwealth Secretary should be guided not only by the question of whether a miscarriage of justice has taken place but by all relevant considerations including the decisions of the House of Commons on capital punishment in the United Kingdom. Dr Owen is not however wedded to this particular formula. The paper should also cover the question of whether we should go for a private members motion or whether the Government should seek to make time for a debate. Dr Owen has pointed out that the issue of capital punishment has traditionally been raised by back benchers.
I should be grateful for a draft paper which should be ready for the Secretary of State to see on his return to the Office on 13 January.
16 December 1977
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J S Wall
M-Shalten.
CONFIDENTIAL
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