CONFIDENTIAL
The Caribbean DTS
9.
As regards the five Caribbean territories, I propose an Order for Anguilla under section 1(2) of the Anguilla
Act 1980; in accordance with section 1(4) this would not
need to be laid before Parliament. For BVI, Cayman
Islands, Montserrat and TCI, an Order (or Orders) would
be made under section 5 of the West Indies Act 1962; in
accordance with section 7(3) such an Order (or Orders)
would simply require to be laid before Parliament after
being made. None of the Orders would be subject to
either the positive or negative resolution procedure.
10. Whereas a Bill would necessarily involve debates in
both Houses of Parliament, Orders in Council dealing with
the five Caribbean territories would not. Although a
member might seek an adjournment debate or move a private
member's motion. I doubt that the chances of this are
very high. The Orders could not, in any case, be amended
or annulled by a vote on such a debate.
11. If faced with questions in the Commons on why we had decided to take this course, I would emphasise that there
had been only three executions in the Dependent Territories since the abolition of capital punishment in
the UK for cases of murder, and none since 1977. I would
point out that, as Foreign Secretary, I was ultimately answerable to Parliament for the good government of
Dependent Territories and therefore responsible for
ensuring that as far as possible Governors should follow
UK legislation and practice, particularly in an area
CONFIDENTIAL
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