Ms Coglin, HKD
2361
R&R PA Pehlins
HKE 236/3 but before file ple
д
copy
16 thr January WIAD. 1/2
From: Paul Fifoot
Legal Advisers
Date: 30 January 1991
ATTACHED
PETITIONS TO THE QUEEN: DSP VOLUME 8 DEPENDENT TERRITORIES
1. Thank you for your minute of 17 December. My difficulty with this problem is that, notwithstanding the reference to the heading of paragraph 9.4 ("or referred to the Secretary of State"), there appears to be an inconsistency between paragraphs 9.4.1 and 9.4.4 on the one hand and paragraphs 9.5.4 and 9.5.5 on the other. The latter paragraphs appear to carry the implication that any petition to The Queen, at ' its final stages, should be dealt with either on the basis of
a submission, or, if not important, by a Private Secretary note. Such a conclusion would seem to be consistent with making a distinction between peititions to the Secretary of State and petitions to The Queen and to be unaffected by the fact that a petition to The Queen is determined in accordance with the advice of the Secretary of State or his Department.
xj
2.
If it is considered important that there should be a distinction between the manner of dealing with a petition to the Secretary of State and the manner of dealing with a petition to The Queen, then since the distinction will not consist of a distinction in substance, it can only be maintained as a matter of procedure. In that event, DSP should make it clear that paragraph 9.5.4 prevails and the necessary amendment made to the flow-chart. If, however, it is considered that as a matter of substance there is little purpose in maintaining the distinction which paragraph 9.5.4 would appear to indicate and that the provisions of paragraph 9.4 should prevail except for the "more important petitions" then the Department will wish to consider whether The Queen's Private Secretary should be consulted about the modification of paragraph 9.5 to bring it more in line with the flow-chart.
x/ This is contrary 18 the
aonze given by my Bookes
Paul Fifoot
In her minute of 6 February 1991.
7PFABO
Page 60Page 61
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