The Possible site for a Scottish Parliament: The Royal Edinburgh High School

A Scottish Parliament Could Re-Introduce Hanging

The news follows a recent row over plans to give the devolved parliament powers to determine abortion law, which were scrapped after a Cabinet quarrel.

The "anomaly" has prompted anger among Conservatives who believe it could be a step towards dismantling the United Kingdom.

Lord Williams the House of Lords that capital punishment would fall under the powers held by a devolved Scottish Parliament.

"On my present reading of matters, subject, of course as lawyers always say to correction ... the answer is yes," Lord Williams said.

Lord Campbell of Croy, a former Conservative Scottish Secretary, fears this could create a situation like that in the United States of America where people could be executed for murder in one part of the country but not another.

Scottish Parliament Would Create "Anomalies"

Because of the difficulties which could be created by this "anomaly", he said Conservatives were "probing (the Government) to see what important matters it has proposed should be devolved or reserved".

The Shadow Cabinet Spokesman on constitutional affairs, Michael Ancram, claimed this was "another example of the anomalous situation which could arise within the United Kingdom".

"It underlines the case we have been making about a dangerous imbalance which ultimately could lead to the break-up of the United Kingdom where there were different rights and penalties," he said.

Scotland's Unique Legal System

The Scottish Office continued: "The answer to the question of whether a Scottish Parliament could bring back the death penalty is yes. However, I think the likelihood is pretty slim."

The Conservative opponents to devolution argue that the principle itself was at the root of the problem.

Mr Ancram said: "It would cause enormous problems as to what jurisdiction a murderer was tried in where in once there wasn't the death penalty and in another there was."

Lord Campbell said there could be further implications, which had not been explained, including whether the Secretary of State - as was the case when the death penalty was practised before being abolished in 1965 - would apply to the Queen for the royal prerogative of mercy or whether that duty would fall to the first minister in Scotland.