TNAG-0719-FCO40-917-Capital-punishment-in-the-Dependent-Territories-1978 — Page 100

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the next morning to check that this had been done.

(c) "We failed to take account of the need ... to

disassociate the Governor as far as possible from the decision not to reprieve". This is only true to some extent. An attempt was made to modify the draft of the Secretary of State's parliamentary statement but was rejected by the Secretary of State himself. However, it must be admitted that no attempt was made to modify another part of the statement which clearly associated Sir P Ramsbotham with the decision not to reprieve;

...

(a) ".. we should clear up as quickly as possible the legal disagreements about the Governor's powers to reprieve

once The Queen had refused to do so". Sir Ian Sinclair has commented on this question and I attach his minute, a copy of

which I recommend should be sent to Bermuda.

(e) "... the Governor still does not know whether or not his reply to the parliamentary communication of 2 December was forwarded to the PLP". When the Governor's telegram no 211 was received it was appreciated that the content expressed legal views which were at variance with the views of the FCO legal advisers. The message from the PLP did not call for a reply and the Governor's reply was not passed on. The Governor's telegram was shown to the Secretary of State who did not suggest

that it be passed to the PLP.

2. The above represents a sorry catalogue of errors and failures

in communication, compounded by the facts that the three officials

most closely concerned, were away from London at the crucial time and that the Secretary of State at that same crucial time took the affair largely into his own hands and refused to allow the explanation of Ministers' decisions to be sent to Bermuda. I recommend that the PUS should consider that Sir A Duff's enquiry, supplemented by the enquiries that Mr Duff and I have set in hand,

have identified all the sources of error.

3. Having said the above, I think I should record my personal opinion that Sir P Ramsbotham is being badly advised in Bermuda. The advice of the Deputy Governor and the Premier, that he should

/have

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