Succession to the Crown Bill (Allocation of Time)

Debate between Lord Beith and Andrew Turner

Tuesday 22nd January 2013 Commons Chamber

[Sir Alan Beith (Berwick-upon-Tweed) (LD)]

I want to speak against the amendment tabled by the hon. Member for North East Somerset (Jacob Rees-Mogg), although I have some reservations about the way the Government have sought, at least initially, to timetable the Bill.

I oppose the amendment, because it is designed to facilitate a great widening of the scope of the Bill beyond its intended purpose and into another area, beyond what was agreed by the Commonwealth Heads of Government. There may be some wider agreement on that, but it is a much bigger thing. It conjures up a nightmare vision: the hon. Member for North East Somerset, perhaps clad in a suit of armour, waving a sword that slices up all the constitutional documents to which he has previously referred with such reverence. That is why I have called him a radical firebrand all of a sudden. What is at stake is the Protestant succession, the position of the Church of England and the Church of Scotland, and the coronation oath to defend the Protestant reformed religion—all those things—and my right hon. Friend the Deputy Prime Minister would have been cautious about going into that territory.

There are issues that we need to discuss, and which can be discussed within this framework, about the consequences of particular provisions, particularly for the children of a mixed marriage such as one that is envisaged, if in effect their opportunity to succeed to the throne was decided for them at an early age. We shall come on to that. My concern was greatest when the Government seemed to want to do this in one day, without an interval between any of the Bill’s stages. I regarded that as unacceptable and would have voted against it if it had proceeded to a vote.

What happens when we deal with legislation is that things are discovered in Committee, and we have to do something different on Report. If we compress the time so much that we do not have an opportunity to do so, it is pretty serious. Even when that has been done in a genuine emergency with terrorism legislation, it has often led to bad consequences, and it is a bad way of legislating.

[Mr Andrew Turner (Isle of Wight) (Con)]

The right hon. Gentleman has just referred to the possibility of a royal son married to a woman of Roman Catholic faith. A child is born, and someone decides of which faith they shall be. Is it the woman, or the man, or even the child, after perhaps 18 years? Who would be the decider of the faith of that child?

[Sir Alan Beith]

There is no answer to that question. One answer that I can give the hon. Gentleman is that it has very serious consequences, one of which would be the inclusion or exclusion of that child from the right to succeed to the throne and that decision would be taken when it was at a very early age. I hope that there will be an opportunity to discuss that, if the Committee stage is managed such that we are able to discuss the relevant clause.

I was addressing the desirability of legislation having stages. There should be a gap between the stages, and we have now arrived at that slightly happier position because Report will not be for a few days. I am entirely supported in my argument by the Government’s own action in tabling an amendment to their own Bill. Having believed at an earlier stage that it could all be done in one day, they have proved that that is a bad idea. I hope they have learned a lesson from that.