TNAG-0931-FCO40-1149-Capital-punishment-in-the-Dependent-Territories-1980 — Page 45

EARLY DAY MOTION NO 53

COLONIES

TE

DEATH PENALTY

C

Line to Take

The fact that capital punishment has been abolished in the

United Kingdom would not of itself justify the exercise of the

Prerogative of Mercy in all capital cases in those Dependent

Territories which retain the death penalty on the statute books.

The exercise of the Crown's Prerogative of Mercy in such territories

is delegated to the Governors who act in their own deliberate

judgement after consulting either their Executive Councils or

a specially constituted Committee. As right honourable Members

will be aware from the answer by my honourable Friend, the Minister

of State, to a Question on the 29th of October 1980, this would

not preclude Her Majesty, on the advice of Her Majesty's Government, from exercising clemency. In practice, an intervention by

Her Majesty is extremely rare.

Supplementaries

COULD NOT ABOLITION BE IMPOSED FROM WESTMINSTER?

1.

This would run counter to long-established policy as

enunciated by Mr Creech-Jones, then Secretary of State for the

Colonies, on the 11th of August 1947.

SITUATION IN THE BRITISH VIRGIN ISLANDS

2. Appeals have been lodged by two convicted murderers in the British Virgin Islands; we do not yet know when they will be

heard.

Page 45Page 46

Sattematera