TNAG-0719-FCO40-917-Capital-punishment-in-the-Dependent-Territories-1978 — Page 37

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3. It seems that there are only three possible ways in which the Goot present policy can be changed: by legislation in the British winishes mig Parliament (the Crown can legislate by Order in Council for some of hi the territories but not them all); by persuading the governments of rel those territories which retain the death penalty to introduce legisla- tion to abolish it or by a Motion in the House of Commons calling tong upon the Secretary of State to abrogate the Creech-Jones doctrine.molim

consmulty 4. From a legal point of view, a Bill in the British Parliament to abolish the death penalty unilaterally throughout the dependent territories is the best possible solution. However, it is unlikely to that time could be found during the remaining term of the present Legishik

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Bermuda one. It would be possible to legislate speedily by Order in Council for four of the territories, but not for Belize and Bermuda -nor probably Montserrate considered whether the disturbances in

Bermuda could persuade the seven governments concerned to respond to a personal appeal from the Secretary of State to abolish the death penalty. It is unlikely that many of them would be convinced by that argument. What indications we have had since the executions in Bermuda are that the governments concerned remain adamant in their intention to retain capital punishment. There is a danger that if we force them to tell us yet again of their desire to retain capitel punish-- ment it would make it much more difficult for the Secretary of State to change the policy by unilateral action in London.

6. This leaves us with the debate in the House which might lead to

a Motion calling on the Secretary of State to modify the Creech-Jones doctrine. There are several objections to a straight abrogation of "Creech-Jones", principally that the onus, in cases where the Governor has decided to let the law take its course, for deciding whether a man shall hang or not will be placed firmly on the Secretary of State. However, the events of the past month have shown that even with the existence of the Creech-Jones doctrine and devolution of authority to elected governments in the various dependencies, the British

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