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CONFIDENTI AL
DSR TIC
3.
particular case. In effect it would be setting the Foreign and Commonwealth Secretary as the official reviewing authority above the Governors of the various territories on whom the prerogative of mercy has been devolved.
6. I have needed also to take account of the position in the West Indian Associated States. Although in accordance with constitutional principle it is for the Foreign and Commonwealth Secretary to advise The Queen what action she should take if a petition for the exercise of the residual prerogative of mercy is received, the Foreign and Common- wealth Secretary is bound by a series of dispatches which issued in 1971 in which the British Government of that day 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 State authorities. The Associated States are fully responsible for their internal affairs and would rightly regard the exercise of the prerogative as an infringement upon
their internal affairs,
and I believe that The Queen would regard herself as being bound to accept advice from her Ministers in the
Associated States.
7. I attach a
motion and suggest that we have
it
an early meeting to consider them in the light of any
constitutional and legal advice the Law Officers may wish
to offer.
No -
Associated Shoots
States Ministers have
по
a cours
tottu
Crowni
and
camor
cdvise
hu
Under
S
2 (2) of
the
Werk
Indei. Act 1967
responsibility
H.MG
retain
ulakin to
powers
vested
in
Ithe
Majesty
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