case. The first point concerns the possible threat to public order in a Dependent Territory which could result from a decision by the Governor either to commute or let the law take its course. Such a threat occurred in Bermuda in 1977 and in BVI in 1978. The second point is that we may find it increasingly difficult to secure the extradition of an offender to a Dependent Territory for an offence which carries the death penalty unless the UK Government is able to give a categoric assurance that the death penalty would not be carried out. This problem has been exacerbated by the recent decision of the European Court of Human Rights in the Soering Case.
4. In the latter part of paragraph 3 of the draft letter to the Home Secretary the point is made that the issues in the Bill and a clause providing for the abolition of capital punishment in the Dependent Territories are not entirely unrelated. Mention is made of the possible continuing need for prisoners to be transferred to the UK from a DT. The connection between these two issues seems to me to be rather remote and it may even be counter-productive to make the linkage. The Home Secretary might be tempted to counter the argument by saying that in the case of offences carrying the death sentence the problem of transferring prisoners to the UK would not arise if the sentence were carried out.
5. No mention is made in either the draft submission or the letter to the Home Secretary of the need to consult the Dependent Territories. There is no legal requirement to do so but there is certainly a strong practice that we do not legislate for the DTs without consulting them.
6. Paragraph 3 of the draft letter to the Home Secretary refers to the advice of the Law Officers of the previous Administration. I spoke briefly to the Legal Secretary to the Law Officers (Juliet Wheldon) about the proprieties of referring to the advice of Law Officers of earlier Administrations in ministerial correspondence. She thought that there would be no problem but said that she would like to check with the current Law Officers as to whether they agreed with the advice of their predecessors. In any event, our Ministers would be likely to enquire whether the Law Officers accepted the earlier advice and it would make sense for the letter to the Home Secretary to record that the Law Officers had been consulted and agreed with the advice of their predecessors. If you agree, I shall write to Miss Wheldon requesting her to seek the necessary confirmation from the Law Officers.
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