CONFIDENTIAL
2. The position is set out in the draft dispatch, a copy of which is attached to Flag B, which had been approved by the Law Officers and cleared with the Palace. Actual copies of the dispatches which were sent to the Premiers of the Associated States, and any replies, are being sought from Library and Records Department and should be available within a day or two. I am informed that the dispatches which were sent were based on the draft at Flag B.
3.
The position of the Secretary of State is as follows:
(a) in accordance with the usual constitutional principle, it is for the Secretary of State to advise The Queen what action she should take if a petition for the exercise of the residual prerogative of mercy is received. Section 2(2) of the West Indies Act 1967 specifically preserved the responsibilities of HMG in relation to the exercise of any power exercisable by Her Majesty under the law of an Associated State:
(b) politically, the Secretary of State is bound by the dispatches of 1971 in which the British Government committed themselves with the Governments of each of the Associated States not to advise Her Majesty to intervene in cases falling within (the appropriate) section of the Constitution, contrary to the decision of the State authorities.
4. Under Article 65 of the Constitution of St Vincent, the section dealing with the prerogative of mercy, it is laid down that the Governor shall act in accordance with the advice of an Advisory Committee consisting of the Premier, the Attorney-General and three or four other members, at least one of whom is a Minister and at least one of whom is a medical practitioner.
5. There is no doubt that the Secretary of State of the day committed himself and his successors not to intervene in capital cases in the Associated States. If there were a petition from St Vincent it would be practically impossible for the Secretary of State to intervene. The exercise of the prerogative in these circumstances would be regarded by the Associated States' Govern- ments as an infringement upon their internal affairs for which they are wholly responsible. The departmental legal adviser concurs.
B.B. Sleut
JA B Stewart
Hong Kong & General Dept
25 January 1978
Cc:
[all recipients of original minute]
2
CONFIDENTI AL
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