TNAG-0721-FCO40-919-Capital-punishment-in-the-Dependent-Territories-1978 — Page 88

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sure you are aware, Parliament faces a very heavy programme of urgent business, and there is no prospect of the time being found for such a Bill in the foreseeable future.

4. Ministers have thus reached the conlusion that there is

no immediate prospect of abolishing the death penalty in the

Dependent Territories. They have however decided that the Creech Jones deetrine,/whereby the Foreign Secretary does not interfere with a Governor's decision in respect of the death

penalty, save where a miscarriage of justice would otherwise occur, should no longer apply. Instead the Foreign Secretary believes he should be in a position in each case where a death sentence is upheld, to review the case himself taking

into account all the circumstances he considers relevant and

to advise The Queen accordingly.

84.

The Foreign and Commonwealth Secretary believes that, in

view of the concern that has been expressed by Members of Parliament on this subject, it would not be appropriate for him to change the present policy without first seeking the

views of Parliament. Indeed, the Government has already

indicated to Parliament that there should be a discussion on

this whole subject. This is particularly true since the present policy, by virtue of having been consistently observed by successive Governments over many years, has become a firmly established part of the general policy governing relations between the United Kingdom and the Dependent Overseas Territories. Dr Owen therefore hopes to bring proposals before Parliament shortly.

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