TNAG-0837-FCO40-1045-Capital-punishment-in-the-Dependent-Territories-1981 — Page 44

DSR 11C

Constitutional Formalities

8.

It would be possible to effect abolition in some

territories by Order in Council, but this could not be

done in the cases of Belize or Montserrat, and in Bermuda

this would need the concurrence of the local government.

Similarly, the Governor does not have the power in all

territories to force through legislation (again this

includes Belize and Montserrat).

9. An Act of Parliament is, therefore, the only

practicable solution to cover all territories, but such

a course might need to consider Jersey and the Isle of

Man, where such intervention would be contrary to the

long-standing constitutional convention whereby Westminster

does not seek to legislate internally in domestic matters.

10. An extension of the Hong Kong practice, by which

Governors would automatically reprieve is considered

unconstitional in that it would effectively suspend the

law by executive action.

Conclusion

11. There seem therefore to be three practicable options:

a) to leave matters as they are and re-confirm the

Creech-Jones doctrine

or to seek to extend the House of Commons decision by

b) asking Governors to consider local legislation,

with or without the implication that we might

c) introduce a Bill in the UK

Parliament to

abolish capital punishment in all dependencies.

This last course would probably call for the establishment

of an interdepartmental committee under the Cabinet Office

to consider all the implications.

12. WIAD, MCD and the Departmental Legal Adviser agree.

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