TNAG-0719-FCO40-917-Capital-punishment-in-the-Dependent-Territories-1978 — Page 3

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Mr Murray

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PS/Lord Goronwy-Roberts

CAPITAL PUNISHMENT: PQ BY LORD KENNET

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1. WIAD telegraphed to Hamilton the text of those "Notes for Supplementaries" which concerned Bermuda (my submission and draft reply dated 17 January refer).

2. In his reply, Sir Peter Ramsbotham has reminded us of our undertaking not to expose a difference of legal opinion on the powers of the Governor to commute (as opposed to the ordering of a stay of execution), once Her Majesty The Queen has herself come to a decision in a particular case. This point may well not come up, but in the circumstances I think it should be brought to the Minister's attention. Briefly, the Bermuda Attorney-General has

commented that:

3.

"Despite the absence of any other binding authority, it

would be contrary to all principle to suggest that once Her Majesty, advised by her UK Ministers, had declined to grant a reprieve to a person convicted in Bermuda and sentenced to death, the Governor, without further specific instructions from Her Majesty, should have any power under Section 23 of the Constitution thereafter to grant him a

reprieve under his delegated powers".

This view is not shared by FCO Legal Advisers whose opinion is that the Governor remains empowered initially to stay the execution and subsequently (no doubt after consultation with the Secretary of State) to commute the sentence.

4. I recommend that if at all possible Lord Goronwy-Roberts should avoid any reference to the power of the Governor to commute the sentences after The Queen had refused to intervene.

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I attach a copy of a minute by the Legal Adviser which sets

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