TNAG-0722-FCO40-920-Capital-punishment-in-the-Dependent-Territories-1978 — Page 109

CONFIDENTIAL

Foreign and Commonwealth Office

London SW1A 2AH

231

HJ Moriarty Esq Home Office

Queen Anne's Gate

LONDON SW 1

Dar Minion,

HKC. 386/1

RECEIVED

- 8 MAY 1978

DESK OF INDEX

No

13.51

{RECISTRY (Action Tako

atest

ве

9 May 1978

has seen

My Stuart

to see ofR

CAPITAL PUNISHMENT IN THE DEPENDENT OVERSEAS TERRITORIES

Thank you very much for your letter of 4 May.

Briefly.

I might add that I spoke to Clive Rose on the telephone immediately on receipt of his letter to me of 24 April. the FCO position is identical to your own namely, that the purpose of the paper which I had prepared was simply to provide a factual account of the present legal and constitutional position for use if the policy issue were raised at some future date. In other words, we would not wish the paper to be circulated to Ministers now. We think it should simply be kept on ice for usc at a later stage if and when the policy issue is looked at again.

I understand that Clive Rose has agreed to this.

For these reasons, I doubt whether there is any need to include a sentence in the proposed conclusions drawing attention to the general sensitivity of the problem. I would prefer my paper to be self-contained and confined strictly to an assessment of the legal and constitutional position. If and when the problem is looked at again by Ministers, my paper would no doubt be accompanied by others which would touch upon the more overtly political aspects of the problem.

I might take this opportunity however to say that I have no objection to the revised version of the final paragraphs of my paper enclosed with Clive Rose's letter to me of 24 April.

Copies of this letter go to the recipients of yours.

yours now,

Kan Smwis

Ian Sinclair Legal Adviser