TNAG-0931-FCO40-1149-Capital-punishment-in-the-Dependent-Territories-1980 — Page 13

Mr Harding

Mr Day

Sir E Youde

PS/Mr Ridley

Mo Morrice

CONFIDENTIAL : STAFF IN CONFIDENCE

Spares an

castel

Pandina

A

CAPITAL PUNISHMENT IN THE DEPENDENT TERRITORIES

Problem

1.

To recall to Ministers the issues involved over the existence

of capital punishment for murder in certain Dependent Territories and

to mention the particular problem in the British Virgin Islands.

Recommendation

2.

I recommend that the current policy of non-intervention in

the domestic legislation of the Dependent Territories be maintained

but that Ministers consider whether there are any feasible means

of lessening the burden of decision on individual Governors.

Mr Ridley wishes to draw the attention of his Ministerial colleagues

to problems likely to arise over particular cases, and to suggest

that Cabinet colleagues be informed. I submit a draft minute from

Mr Ridley to the Secretary of State, and a draft letter from the

Secretary of State to the Prime Minister.

Background

3.

The background to the problem as a whole is in my submission

.of 29 January, which invited Ministers to consider whether to maintain

the present policy or to impose abolition against the wishes of the

local Legislatures. Ministers decided to continue the present policy.

4.

Since then, a number of cases have arisen in certain Dependent

Territories which may result in the local Governors having to decide,

in accordance with the usual constitutional procedure, whether

CONFIDENTIAL: STAFF IN CONFIDENCE

/capital