CONFIDENTIAL
Better Await until we know the Sec. I state reaction,
I tmik.
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Miss Marssen
Ms Saunders 7/1
Tel to HK ?
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pa.
MAB 380/1
FROM:
DATE:
Mark Lennox-Boyd
16 January 1991
CC:
Mr McLaren
Sir Arthur Watts,
Legal Advisers Mr Chamberlain,
Legal Advisers Mr Beamish
Mr Gorham, WIAD HKD
A
B
C
DE
Secretary of State
CAPITAL PUNISHMENT IN THE CARIBBEAN DEPENDENT TERRITORIES
1.
I write this further note in the light of the fact that on the most important division in the debate on capital punishment last December the House voted 2:1 against, and that the fate of the condemned man in Anguilla remains to be decided. The Governor is under the strongest local pressure to allow the execution to proceed and action here is therefore required.
Our
2. I have discussed the matter again with officials. conclusion was that if we are to achieve our objective of ensuring that there are no more executions, there were two options:
a) make an Order in Council; or
b) make our views known to Governors, backed by an
inspired written PQ and answer in Parliament.
The Attorney General has now advised that the second option amounts to improper interference with the Governor's discretion.
Order in Council
3.
The case for this procedure was set out in your own minute of 13 December. You will recall that objections on
the substance (the Lord Privy Seal) and on procedure (the Lord President and the Home Secretary) stayed our hand when we were about to go down this route following the Criminal Justice Bill debate in December.
4. Proceeding by Order in Council would remove all ambiguity and the constitutional proprieties would be respected. The Chief Whip is content for us to proceed in
PO2ABT
CONFIDENTIAL
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