CONFIDENTIAL
5.
The Legal Adviser has suggested that a combination of the options of legislation and, as an interim measure, abandoning the Creech-Jones doctrine, might serve the Secretary of State's purpose. He has in mind a back-bench Motion calling on the Government to abolish or suspend the death penalty in the DOTS and for the Secretary of State meanwhile to be released from the limitations of "Creech-Jones" so that he can take account of all relevant circumstances in tendering advice to The Queen on the Prerogative of Mercy. The Legal Advisers would certainly find it much easier to justify the abandonment of "Creech-Jones" in order to allow the Secretary of State to take account of abolitionist sentiment if it were set in the context of a basic policy decision to proceed to legislation in due course. But if there is no possibility of time being found during the life of the present Parliament, I do wonder whether Ministers would wish to inspire a Motion committing the Government to legislation. The propriety of the Secretary of State abandoning "Creech-Jones", on the authority of a motion which it would be known could not be implemented in the foreseeable future, might be questioned.
6.
Officials have 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, but conclude that it is unlikely that many of them would respond. Such indications as we have had since the executions in Bermuda, suggest 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 it this would make it much more difficult for the Secretary of State to change the policy by unilateral action in London.
7. This leaves us with the third and least satisfactory course: the introduction of a Government Motion in Parliament which would call upon the Secretary of State to abandon the Creech-Jones doctrine without recommending legislation. The Legal Adviser has serious doubts over the constitutionality of this, principally because the
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