CONFIDENTIAL
to ensure commutation. I had in mind the possibility of a question and answer on these lines:
Question: In the light of the decision by the House on 17 December to reject the clauses on capital punishment seeking to amend the Criminal Justice Bill, what is Her Majesty's Government's policy with regard to the retention of capital punishment in Bermuda and the Caribbean Dependent
Territories?
Answer: The British Government expects the Dependent Territories which elect to remain under the Crown to uphold the same standards of good government and the protection of
human rights as applied in the United Kingdom. We therefore
look to Bermuda and the Caribbean Dependent Territories
to introduce their own legislation to abolish the death
penalty for murder. In the meantime, the Government
would not wish to see executions carried out in these
Territories for we expect our Governors to take note of
the wishes expressed by the UK Parliament whenever they are called upon to exercise the prerogative of mercy.
But the Attorney has advised that this would be improper
interference under the terms of the Territories'
constitutions; and that abolition should be achieved by
legislation in a straightforward manner.
8.
I believe, therefore, that the right way forward is to
proceed by Order in Council, which I am happy to announce in advance by means of an inspired question. I look forward to discussing this further.
9. I am copying this to Kenneth Baker, David Waddington,
Peter Mayhew, Richard Ryder and Bertie Denham (and to
Cabinet Office; No 10).
RM3AWZ/3
DOUGLAS HURD
CONFIDENTIAL
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