TNAG-0837-FCO40-1045-Capital-punishment-in-the-Dependent-Territories-1981 — Page 12

CONFIDENTIAL

the death penalty

then the consequences on the Governor's

relations with his local advisers would need to be considered.

It would be important to deal openly with local Ministers if

the position and credit of the Governor were not to be

undermined.

7. The suggestion has been made that, in order to avoid possible embarrassment to British Ministers, Governors should

'bend' their decisions in the direction of commutation

irrespective of Local considerations or of the merits of the

case. This suggestion seems neither constitutionally proper

nor administratively wise. It introduces an element of insincerity into the Governor's dealings with his advisers

and seeks to exert extraneous influence upon his proper

discharge of the burden of responsibility which constitutionally is placed upon him and him alone. There cannot fail to arise cases where in exercising this difficult and painful responsibility a Governor will come to the conlusion that the

Law should take its course. It would be wrong to expect a Governor in exercising the royal prerogative, to subvert his judgment in fulfilling his clear constitutional duty in order

to meet a domestic political requirement of Ministers in

London. The only acceptable way for such a decision to be over-ridden in the existing constitutional arrangement would

be by exercise of Her residual prerogative by The Queen

Herself on the advice of the British Minister.

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