Mr Murray
CONFIDENTIAL
83
RECE
INDER
CAPITAL PUNISHMENT IN DEPENDENT OVERSEAS TERRITORIES
1.
Mr Stewart was good enough to send me a copy of his submission of 12 January on this subject. Paragraph 8 of Mr Stewart's submission rightly records that the Departmental Legal Adviser
(Mr Rushford) has doubts about the recommendation contained in Mr Stewart's submission and in the draft memorandum attached to the submission.
2.
I would wish to indicate that I share the doubts already expressed by Mr Rushford, particularly so far as they relate to the wording of the proposed Motion, and indeed to the concept that the best (and indeed only) way to proceed is somehow to abrogate or substantially modify the Creech-Jones doctrine.
It
3.
With respect, I think that the submission has perhaps not given sufficient consideration to a possible combination (in a House of Commons Motion) of the options of legislation and, as an interim measure, modification of the Creech-Jones doctrine. does seem to me that the only viable long-term solution is to abolish or suspend the death penalty for murder in those dependent territories which still retain it. This does require legislation and I do not dispute the assessment in the submission that it is unlikely that time could be found during the term of the present Parliament for such legislation. On the other hand, it would surely be easier to justify a modification of the Creech-Jones doctrine if that modification were brought about as an interim measure and in the context of acceptance by the House of Commons that legislation should be introduced to abolish or suspend the death penalty for murder in those dependent territories which still retain it. I would suggest that, in any event, it would be easier for the Secretary of State to operate a "modified Creech-Jones doctrine" if the modification had been made in the context of a basic policy decision to this effect.
4.
Following this line of thought, I would suggest that one could perhaps construct a Motion in the following terms:-
"THAT THIS HOUSE
HKG 3867!
20 JAN 1978
No
EL
0.51
MISTRY
.ction Taken
&
calls upon Her Majesty's Government to introduce legislation to abolish or suspend the death penalty for murder in those dependent territories which still retain it; and, pending the introduction of such legislation, to change the limitations placed on the Secretary of State for Foreign and Commonwealth Affairs when tendering advice to Her Majesty the Queen on the exercise of the Royal Prerogative of Mercy so that he should in future be able to review any sentence of death passed and upheld in a dependent overseas territory, and in considering what advice to tender on the use of the Royal Prerogative of Mercy he should be free to take account of all the relevant circumstances."
CONFIDENTIAL
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