TNAG-0837-FCO40-1045-Capital-punishment-in-the-Dependent-Territories-1981 — Page 11

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well as after a decision not to commute it does not

necessarily mean that the decision was ill advised. The

incidence of such cases is happily very small compared with

the many cases where decisions either to commute or carry

out the sentence have contributed to public peace, order and

confidence. But the important thing is that the decisions

are taken by those who are not only best placed to judge but

who also carry the immediate constitutional responsibility

for public order. If an elected Minister, say of Home Affairs

or of Justice, carries responsibility under a constitution, he

and his government could reasonably complain if his voice in

the crucial decision were not to be given due weight. I f the

power of decision in such a matter were to be removed in

effect to the government in London, then it would no longer

be possible to hold the Governor or his Ministers responsible

for what might follow. It would amount to an amendment to

the constitutional relationship between Whitehall and

dependencies and this would of course require proper consultation

between the metropolitan and territorial governments before

being given effect. To change the practice without reasonable opportunity for local ministerial views to be heard might engender serious strains on the working of the sensitive and

often difficult constitutional relationship between Governor

and Ministers in which cooperation by elected Ministers is

vital.

6.

SO as to

Subject to reasonable prior consultation it would clearly

be legitimate for the UK Government either to vary the Creech-

Jones doctrine or to legislate by Act of Parliament

abolish the death penalty in dependent territories. If the

latter course were followed the need for a local committee to

advise the Governor would fall away and one powerful cause of

Local Ministers declining to cooperate with the Governor in

the operation of the machinery would disappear. If however

the Creech-Jones doctrine were to be varied so as to permit

the Secretary of State to decide each case in his own judgment

and if the intention were to use this power in effect to abolish

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/the death