CONFIDENTIAL
get such legislation through the House of Commons it would, I think, be strongly opposed by certain sections of the Conservative Party, not only on the grounds that they support the death penalty but also that it would be wrong for us to legislate for territories which have a large measure of internal self-government. I doubt whether Ministers would wish to face such a row at this stage.
2.
The alternative of inviting Governors to introduce legislation to abolish capital punishment in their own territories could be purused, but I doubt whether legislatures concerned would endorse such legislation and it would make it more difficult to enforce reprieves if this seemed right to Ministers in future cases.
3. This suggests that we should re-affirm the Creech-Jones doctrine. I doubt however whether we in fact need to go as far as this. The Creech-Jones doctrine has not been formally rejected and it might be best in present circumstances to "let sleeping dogs lie". The only danger in this is that we may in the future be faced with another difficult case such as the Bermuda one which caused so much trouble at the end of 1977. But I think that Ministers would probably prefer to face such an issue when it arises and deal with it pragmatically in the light of circumstances then prevailing. I so recommend.
12 September 1979
بهاره
Amsterday.
HAH Cortazzi
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