Succession to the Crown Bill

Baroness Butler-Sloss Excerpts

Wednesday 13th March 2013 Lords Chamber

[Lord Deben]

We had a debate on caste recently. It was quite clear that the Government could have given way. I have now discovered that almost everybody who voted against me on that occasion did so because they did not know what the debate was about, so if we bring it back the only people who will vote for it will be in the Whips’ Office. The Government could have given way on that without any difficulty at all. The same is true about so many things.

Perhaps my noble and learned friend could take one message back: there are some things where quite a good case has been made; there is no real downside to it, so why do we not do it? Why is it so necessary to assume that there is something so important about this figure? Would it have been all right if my noble friend Lord Lang had suggested seven or nine? At what point are we allowed to say, “In our judgment, this is a better figure”? I just want to say to my noble and learned friend: in my judgment this is a better figure. Looking at the various faces all around, most of us here would not revolt if 12 was put in rather than six, so can we please have it?

[Baroness Butler-Sloss]

My Lords, I just wanted to ask a rather more general question of the Minister. At the moment civil partnership is not part of this Bill. If the same-sex marriage Bill is passed, will that mean that same-sex couples would also require the consent of the Queen or her successor?

[Lord Mancroft]

My Lords, I am delighted to support my noble friend’s amendment. I start by saying to my noble friend Lord Hamilton that I have not always shared flats with people who are noble and certainly not always with my friends, but that is slightly beside the point. When legislating, we should always adopt the precautionary principle. The amendment before us is not a matter of principle; the principle is in the Bill: that the sovereign should retain consent. The amendment is merely about the practicality of numbers.

My noble friend in moving the amendment talked a bit about the past, about Queen Victoria’s family and George III’s family. I have a faint connection with a 20th-century royal family which, like many of them, no longer has a kingdom. I happen to know that there was some unhappiness in that family and did some research to look at it.

Between 1933 and 1994, which is 61 years and the length of the current sovereign’s reign, there were three generations and three successions in the German royal family, but, during that time, 17 individuals were removed from the line of succession for marital reasons and, in that, seven marriages were removed from the list. They are the only ones whom you can see by doing a little bit of research. Those 17 individuals all had children and grandchildren who would have been affected. So that is an incredibly short period of time and an enormous change, mostly for religious reasons, because that family, too, had difficulties over Catholicism and Protestantism.

It is worth remembering that when this Bill was mooted and was in the newspapers, everybody drew attention to the fact that if it had been passed during Queen Victoria’s reign, her eldest child, Princess Vicky, would have become Queen of England and the Kaiser, whom she married, her consort. The Kaiser would have been King of England and emperor of Germany. The family that I have been talking about would have been our Royal Family in this generation, with their 17 individuals and seven marriages moving on and off the list of six.

There are indeed differences, as my noble friend said, between the 18th, 19th and 20th centuries. There has of course been a decrease in mortality, particularly infant mortality—thank God that we have far less of that than they did in those days. However, we have an increase in marriages. A friend of my father once asked him what my sisters did. He said, “They marry, long and hard and often”. Quite a lot of people do that in the 21st century. More and more people have more and more marriages. One of the princes in the German royal family, Crown Prince Wilhelm, an eldest son, was married four times and had goodness knows how many children. That is not very long ago. I hope, and we all pray, that there will not be tragedies in the Royal Family—but there have been. We all know what happened to Lord Mountbatten and his family, not far from the sovereign. We hope that that will not happen, nor that it will be illness or death, but, undoubtedly, there are changes in families. Those 17 individuals were not all direct father-son-grandson in 60 years; many of them were siblings, and those siblings had children and grandchildren.

No one suggests that we go back to the idea of all the descendants of King George II, hundreds of people, having to get their marriages approved, but, under the precautionary principle on which we legislate so often, six seems rather a small number.

--- Later in debate ---

[Lord Wallace of Tankerness]

My Lords, that is not what I am saying. It depends on the jurisdiction of the place where the marriage is contracted. I believe I am right in saying that under the law of Canada, same-sex marriage is legitimate. If, therefore, hypothetically there was a same-sex marriage by someone perhaps well down the line of succession to the throne in Canada as of today, and that was lawful under the law of Canada, that would be a marriage. It hat is not a question of Canadian Ministers giving consent, which might be different because the law in the United Kingdom is different. There might even be different laws in the near future between Scotland and England, depending on the timing of legislation. It is not a question of Ministers giving consent; it is the actual law that is in place in a particular jurisdiction at a particular time.

It is a matter of judgment. I say that quite frankly to the noble Lord, Lord Deben. The Government believe that six is the appropriate number. That is what history suggests is necessary. No more than three have been required in the last 240 years, and there is some added leeway. As I said, with any legal restriction, if we impose a legal restriction we should limit it as far as possible. While I fully recognise the strength of the arguments that have been put forward, I have not heard sufficiently strong arguments that we should extend this legal restriction more than we believe is necessary to take account of the historical number of places to get to the throne, and double it up for that matter. I know how strongly my noble friend feels about this, because we have discussed it in the past. If he feels that it would be helpful to have further discussion on it, I am more than open to that suggestion. In the mean time, however, I invite him to withdraw his amendment.

[Baroness Butler-Sloss]

May I ask a practical question? If this House took the view that 12 is preferable to six, how would that deal with the problem as to whether this Bill was then in difficulties with the other countries, which have agreed the Bill as it is?

[Lord Wallace of Tankerness]

My Lords, when we come to a later amendment in the name of my noble friend Lord Trefgarne, I will be able to explain what the position is in the different realms. It would require agreement among the other 15 realms. I will explain this in detail when we come to a later amendment. I am not introducing a parliamentary procedure. As I have indicated, New Zealand is, and it already has a Bill before its Parliament with the number six in it. It would therefore require agreement; it would not necessarily require a parliamentary process. It is up to each individual realm to decide what to do, and some of them do not believe that they need a parliamentary process.