TNAG-0719-FCO40-917-Capital-punishment-in-the-Dependent-Territories-1978 — Page 38

CONFI DENTI AL

Government gets drawn into the debate, both before and after the event. It has also become plain that the fact of devolution of authority does not relieve the Secretary of State from massive pressure. I suggest

that in practice the effect of Bermuda will make it easier for the

Secretary of State or any of his successors to recommend commutatiɔn to The Queen in those cases where he feels that this is the right thing to do.

6. In the draft Hemorandum for the Secretary of State to send to

his colleagues I have recommended that a Government Motion should be

brought before the House rather than a Private Member's Motion. I

have made this recommendation because, in the first place, the Creech-Jones doctrine was a government measure and it would be more proper for the government to introduce a Motion calling for its abrogation. Secondly, it is more appropriate that the government, who are responsible for the dependent territories, should take the

lead. A third reason is that a Government Motion is more likely to

attract a sure majority than a Private Member's Motion.

7. I recommend that the Secretary of State should now revert to the options set out above and consider the best way to proceed from

there. In the light of the undertakings given in his parliamentary statement of 5 December and his replies to subsequent questions, the most appropriate measure would appear to be a Motion in the House which,

if passed, would have the effect of abrogating Creech-Jones. I submit a draft memorandum from the Secretary of State to his colleagues in GEN 103.

Flag # 8. The Departmental Legal Adviser has doubts over an abrogation of

the Creech-Jones doctrine; amongst other reasons because, in principle, the Secretary of State should always come to the same conclusion as the Governor, but principally because the Royal Prerogative cannot properly be used to abolish the death penalty in the dependencies, even if this was the wish of a majority of members of the House of Commons. He recommends legislation in the British Parliament as the only proper solution. Mexico and Caribbean Department, reflecting the views of the Governor of Belize, wish to have the devolution of the Prerogative removed from the Governor.

JAB Stewart

12 January 1978

Hong Kong & General Dept

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confidential