Lord Campbell of Croyasked Her Majesty's Government:
Whether they will confirm the statement made by Lord Williams of Mostyn, subject to correction, on 30 July in the debate on the Devolution White Papers, that it would be possible for the proposed Scottish Parliament to reintroduce capital punishment in Scotland separately from the rest of the United Kingdom [H.L. Deb., col. 277].
§ The Parliamentary Under-Secretary of State, Scottish Office (Lord Sewel)Yes. It is envisaged that the Scottish Parliament would have power to re-introduce capital punishment in respect of devolved offences. This power remains subject to any international obligations which the UK may undertake in the future.
Lord Campbell of Croyasked Her Majesty's Government:
Whether, if capital punishment were to be introduced in Scotland, the First Minister in the proposed Scottish Parliament would have the option of interceding for the exercise of the Royal Prerogative of Mercy in individual cases, which was formerly open to Secretaries of State for Scotland.
§ Lord SewelIt is envisaged that the role of the Secretary of State for Scotland in advising Her Majesty in respect of the exercise of the Royal Prerogative of Mercy in any individual case will pass to the First Minister on the establishment of the Scottish Parliament and the Scottish Executive.