TNAG-0714-FCO40-910-Future-of-the-Dependent-Territories-1978 — Page 138

3. Thus, we remain a Colonial Power and are likely to continue

to be so for the foreseeable future. In this role our policy is to give local populations as much say as possible in their

own affairs, particularly in those Territories which are on the road to independence. This creates its own dilemmas, particularly since it leaves us with the ultimate responsibility for what happens in the Territories concerned while taking away our power to influence events in those Territories.

CAPITAL PUNISHMENT IN THE DEPENDENT OVERSEAS TERRITORIES

4. A clear illustration of the type of problem that can arise is in the question of capital punishment. When capital punishment for murder was finally abolished in the UK in 1969,

the British Government invited the Governments of the Dependent

Overseas Territories to introduce their own legislation banning

capital punishment. Seven of them have declined to do so. Persons in those Dependent Territories which still have capital punishment retain the right of appeal to The Queen, and it is the responsibility of the Secretary of State to advise Her Majesty on the reply to give to such petitions. When the petition is an appeal for Clemency in capital cases, the Secretary of State is thus in the position of having to advise The Queen on the carrying out of a policy that is contrary to the express wishes of the UK Parliament. Hitherto, the policy of successive British Governments has been to be guided entirely by the advice of the Governor who, in turn, seeks the advice of a local Advisory Committee on the Prerogative of Mercy. The British Secretary of State has confined himself to ensuring that all proper legal procedures have been complied with and that there is no risk of a miscarriage of justice. However,

However, as was shown by the considerable concern in Parliament, and among British public opinion over the executions which took place in Bermuda last December, this policy may no longer be acceptable. The Secretary of State, therefore, has indicated his willingness to review the present policy and hopes to bring the subject before Parliament shortly.

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