CONFIDENTIAL
FROM THE SECRETARY OF STATE
TO THE LORD PRESIDENT
CAPITAL PUNISHMENT IN THE DEPENDENT TERRITORIES
1.
2.
We meet to discuss this question on 14 February.
My minute of 13 December gives the background. In commenting on that minute, you and other colleagues raised a number of points. It may help if I respond to those and explain why I still believe that proceeding by Order in Council is the right way to tackle this problem.
3. I accept the points you made in your 17 December letter
(echoed by Kenneth Baker in his letter of the same date) about timing and the need to allow for proper consultation. I am, of course, very happy to do this. There would be no risk of exposing The Queen to criticism on the grounds that
we had bulldozed legislation through. But I would not want
too long a gap between announcement and enactment, which would prolong discussion with the local governments to no
great purpose. I am quite clear that, in the last analysis, we are fully entitled to use legislation in Britain to settle this question.
4. I have considered David Waddington's comments very
carefully (his minute of 14 December). I have to say I am
not convinced by his argument that the results of a free
vote in the House of Commons cannot be justification for
abolishing capital punishment in the Dependent Territories.
What we are trying to do is to bring DTs' law into line with
UK law; and the legal position in the UK has recently been reaffirmed by a 2:1 majority. But we shall discuss this
further at our meeting.
RM3AWZ/1
CONFIDENTIAL
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