Succession to the Crown Bill

Debate between Lord Beith and Chloe Smith

Monday 28th January 2013 Commons Chamber

[Miss Smith]

I deeply respect my right hon. Friend’s intervention and, indeed, his contributions to the debates on this topic. Many aspects of the law relevant to this area are not changed by the Bill, however, and I would like to answer my right hon. Friend’s intervention by saying that, to the extent that there are difficulties, they already exist. I stated clearly last week that key elements of the Act of Settlement and the Bill of Rights stay standing, and I reiterate that today. I do not see this Bill as creating further constitutional crises than could be wrought out of the existing law.

For the record, before moving on to my second argument about the two amendments, let me state again that the Government are absolutely committed to the Church of England as the established Church, with the sovereign as its Supreme Governor. We consider that the relationship between Church and state in England is an important part of the constitutional framework. It has evolved over centuries and the Government have no intention of legislating to disestablish the Church of England. It is important to state that. The Government’s view is that allowing a person of the Roman Catholic faith to accede to the throne would clearly be incompatible with the requirement for the sovereign to be in communion with the Church of England.

Let me move on to my second argument and address the substance of the two amendments. I suggest that, if they were made, they would add greater uncertainty to the line of succession. For example, let us consider someone who is brought up as the heir to the throne and is clearly in preparation for that vocation over their lifetime. In the Government’s view, it would make that person’s position, and the position of their immediate family, very difficult, if they could be superseded at any stage by someone who converted from Roman Catholicism to the Protestant faith. By extension, that could also raise the prospect of the reigning monarch being subsequently supplanted by someone who was theoretically higher in the line of succession on that latter person’s converting from Catholicism and joining in communion with the Church of England.

I see that as a major technical problem with the two amendments. I view it as adding uncertainty and I could envisage it leading, in the words of many who have contributed to the debate, to a “constitutional crisis” which I do not see the core Bill providing for.

[Sir Alan Beith]

I understand the Minister’s argument, but it does not address the fact that, throughout the discussion, it has been clear that we are talking about children who are going to be brought up in mixed marriages. It is likely that, in those circumstances, before the child is of the age to decide whether they want to succeed to the throne, they will have experienced both Churches and could make a perfectly free choice—unconnected with the throne—for one or the other. That choice would determine their eligibility long before they were 18 or 19.

Succession to the Crown Bill

Debate between Lord Beith and Chloe Smith

Tuesday 22nd January 2013 Commons Chamber

[Miss Smith]

Clause 2 is extremely clear that the monarch may not be a Roman Catholic. I think that that is the simplest expression of the lawfulness entailed in the clause.

[Sir Alan Beith]

It will not be clear if confusion persists over the matter of Protestant or Church of England. For example, Prince Albert was a Lutheran when he married Queen Victoria; he was a Protestant, not a Catholic. The Hanoverians were Lutherans when they came to the throne. We have a Protestant succession but it also involves supreme governorship of the Church of England.

[Miss Smith]

Again, I am grateful for the chance to be extremely clear. There are no changes to the parts of the Act of Settlement that require the monarch to be a Protestant. I hope that that is sufficiently clear.