Counsellors of State Bill [Lords]

Angela Rayner Excerpts

2nd reading
Thursday 1st December 2022 Commons Chamber

[Angela Rayner (Ashton-under-Lyne) (Lab)]

I welcome the Chancellor of the Duchy of Lancaster to his place in our first formal debate in the House. I hope that it will be a constructive one. Although there are a great many things that we often disagree about, this Bill is not one of them. It is a simple, straightforward piece of legislation that provides a solution for a specific issue, as he said in his opening remarks.

By expanding the number of Counsellors of State who can formally deputise for His Majesty the King in his absence, the Bill addresses a potential constitutional problem. It is a fact that some aspects of our government machinery rely on the sovereign’s authority. It follows that a form of that authority must always be available to grant formal legal approval to a range of decisions by the Government and Parliament.

Counsellors of State may also perform a number of necessary functions, such as attending Privy Council meetings and receiving the credentials of new ambassadors to the country. Although the Regency Act 1937 sets out the list of Counsellors of State, it is for the King to delegate functions and decide who acts in the role. The Bill is intended to ensure that he can do so from a group of working royals by adding two further Counsellors of State, both of whom are already experienced and well respected in the role, as the Chancellor of the Duchy of Lancaster said. This is not a broader debate about our constitution; it is about the narrow purpose of providing His Majesty with flexibility in who can formally represent him.

The Opposition do not oppose this practical measure. Although the Bill has a narrow focus, I know that hon. Members in this House and the other place have raised concerns about the wider issue of the Regency Act. I welcome assurances from Government Ministers in the other place that only working royals can act as Counsellors of State. That is an important assurance that will go alongside the Bill.

As I have said, the substance of the Bill is simple. It is clear that the existing legislation does not provide a mechanism to expand the number of Counsellors of State, which is now needed due to circumstances that Parliament could not have foreseen when the current Act was passed, so I and my hon. Friends will be supporting the Bill today.

--- Later in debate ---

[Angela Rayner]

With the leave of the House, I will keep my closing remarks short. We have been debating a Bill that serves one narrow purpose: to ensure that Counsellors of State are available when His Majesty requires one to deputise in his essential duties. I want to mention—I hope I can call him a friend—my right hon. and learned Friend the Member for Northampton North (Michael Ellis). I absolutely miss him and our exchanges, and I absolutely agree with his comments—[Interruption.] That is not to discourage Members currently on the Government Front Bench!

[Michael Ellis]

May I say that I miss her, too?

[Hon. Members]

Ah.

[Angela Rayner]

I live for days like this in Parliament. Never did I think when I was young that I would be debating such Bills with such hon. and distinguished Members. I agree with the right hon. and learned Member that online is great, but it is nice to keep some traditions and meet in person. We all recognise that.

The hon. Member for Argyll and Bute (Brendan O'Hara) reminded me of my wonderful experience with Her late Majesty the Queen when I went on to the Privy Council, and we met via Zoom. That was nice. He also mentioned the practicalities of the Regency Act. I hope that one day, when time allows, we can sharpen some of that, but that is not before us today.

As hon. Members in all parties have recognised, the Bill makes a simple and straightforward change to existing law. It will help to prevent a possible future constitutional problem arising and provide the sovereign with sufficient options and flexibility. Labour Members believe that that is proportionate and reasonable, so we support the Bill’s Second Reading.

I also acknowledge the assurances given by Ministers on some of the wider issues that have arisen and thank them and the Palace for the extra clarity that they have provided. I would like to place on record my thanks for their engagement with me on behalf of His Majesty’s Opposition. Of course, we will continue to work constructively in the national interest wherever we can.

[Mr Deputy Speaker (Mr Nigel Evans)]

I did love the intervention and the response, which was like something from “Love Actually”. [Laughter.] Well, it is Christmas.

[The Parliamentary Secretary, Cabinet Office (Alex Burghart)]

It is a genuine pleasure to close a Second Reading debate in which there has been such consensus, and concise consensus at that. At times, as we have seen, that consensus has lapsed into adoration.

[Angela Rayner]

You’ll feel it one day!

[Alex Burghart]

One day, maybe—who knows?

As several hon. Members pointed out, the Bill is a necessary short piece of legislation that brings resilience to our constitutional arrangements and does so at speed. It was necessary that we brought a short Bill before Parliament to get the measures through quickly. The reason for that is, as we all know, His Majesty will soon start to travel in the fulfilment of his duties to the country, so we wanted to have things in place as quickly as possible. I am grateful to the right hon. Member for Ashton-under-Lyne (Angela Rayner) for recognising that and paying tribute to the two new Counsellors of State whom we are appointing today and to how respected they already are. She is right to point to the Regency Act and the fact that the royal household has confirmed that Counsellors of State will only be working royals.

I also pay tribute to my right hon. and learned Friend the Member for Northampton North (Michael Ellis). Little can be added to his speech, because there is little that anyone can teach him about the workings of our constitution. He was an illustrious member of the Front-Bench team and an extremely well informed Minister in the Cabinet Office. I know that some of his expertise was brought to bear in the design and drafting of the legislation, and I am grateful to him for that.

I also thank the hon. Member for Argyll and Bute (Brendan O'Hara), who spoke from the SNP Front Bench. He raised a point about the order of precedence. Obviously, the law of succession was changed a few years ago to enable girls born to the sovereign to inherit, but that did not change the existing order of succession. That is why the Princess Royal and the Earl of Wessex feature in the order in which they do. In addition, I thank my right hon. Friend the Member for Ludlow (Philip Dunne) for his remarks and concur with what he said.

I am delighted that we have heard in the debate how the Bill commands considerable support in the House, as it did in the other place. I know that this Parliament will wish to be of assistance and support to our sovereign as he goes about his duties.

Question put and agreed to.

Bill accordingly read a Second time; to stand committed to a Committee of the whole House (Order, this day).