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One possibility would be to try to improve the composition
of the local Mercy Committees, by bringing new members in. This
could be examined. However, in some territories it would be very
difficult. In small island communities, unbiased local people
who were willing to serve might be had to find and it might be awkward
to bring in outsiders.
15.
Another approach would be to set up a wholly external
advisory body to take over the functions of the local Executive
Council or Mercy Committee. This would also present serious
difficulties. A change in territorial constitutions would be
necessary.
Local Governments would be very unlikely to agree
to this. They would certainly regard it as an infringement of
their autonomy and claim that an outside body would not understand
local conditions. The departmental Legal Adviser has also pointed
out the complication for some territories of approaching independence,
when the question of mercy would once again be dealt with locally.
It could appear retrogressive to set up an outside body at so late
a stage. An outside body could not, of course, properly recommend
commutation merely on the grounds that capital punishment for murder
was no longer in use in the United Kingdom.
16.
These difficulties may well rule out either approach.
However, I think they should be examined.
On the general question
of the autonomy of the territories it is arguable that while they
enjoy British protection they must concede that the Governors are
entitled to unbiased advice on so serious an issue. This argument
is stronger in the case of those territories which for various
reasons are unlikely to achieve independence.
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