TNAG-0721-FCO40-919-Capital-punishment-in-the-Dependent-Territories-1978 — Page 41

I

THE LORD PRESIDENT OF THE COUNCIL

CAPITAL PUNISHMENT IN THE DEPENDENT TERRITORIES

400/27/180

n`103

We discussed this matter in Gen 103 on 13 October, and the

conclusions we reached are correctly stated in the minute

circulated by the Cabinet Office.

The full proposal which I made if there is not for the present

to be legislation is not, however,. apparent from the minute of

the discussion about the abrogation of the Creech-Jones doctrine.

The minute correctly records David Owen's proposal "that

cases where a Governor did not exercise the Prerogative should

be referred to the Foreign and Commonwealth Secretary for him to

consider ...... whether to advise the Queen to exercise the

prerogative" (my emphasis).

It is also recorded that this would

be announced by Parliamentary statement.

My objection to that proposal was that it would necessarily

expose differences of view in particular cases between the

Governor and the Foreign Secretary. My proposal was intended

to avoid that difficulty.

I suggested, as did David, the

abrogation of the Creech-Jones doctrine, but my proposal was the

total withdrawal of the Governor's delegated powers, and a

Parliamentary statement that the Foreign and Commonwealth Secretary

would in each case consider, in the light of all the circumstances,

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