Queen’s Speech

Baroness D'Souza Excerpts

Thursday 12th May 2022 Lords Chamber

[Baroness D'Souza (CB)]

My Lords, I would like to take the opportunity of this House’s humble Address to the Queen’s Speech to touch on the issue of our constitutional monarchy and its role in limiting—or not—the power of the Executive. As we all know, the time cannot be too far away when the nation will have to witness the death of our beloved Queen. This distressing event will, however, allow us the first opportunity since 1952 to consider, as a nation, what kind of monarchy might be appropriate in the 21st century and how far this should become a matter of public debate.

At present we have a constitutional monarchy, a role that the Queen has followed to the letter. Her Majesty has certain prerogative powers which theoretically exert a check on the executive branch of our political system and specifically on the Prime Minister as the head of an elected Government. It is a constitutional principle that these prerogative powers are rarely employed and the Executive remain effectively unchecked. If a future monarch chose to resuscitate these prerogative powers, there could be a constitutional crisis. Even were this not to be the case, should we as a nation automatically retain the status quo, or should we discuss and consult on the role of the Head of State in the current political settlement?

There have been moves in recent years towards a more slimmed down monarchic system, as evidenced, for example, by the Prince of Wales’s stated intention to work towards this and the most recent decision that only working royals should appear on the royal balcony during the Diamond Jubilee celebrations. However, as a result of our largely unwritten constitution consisting of norms and conventions, there is still a lack of clarity on the role of the monarch as Head of State. The newly set up Commission on Political Power, of which I am a co-founder, intends to examine this particular aspect in some detail. The alternatives that will be considered include everything from the status quo to a presidential system. For example, although the monarchy has evolved in small steps over hundreds of years, the hereditary principle of primogeniture remains despite there being several alternatives.

Another alternative would be a purely ceremonial monarchy. The ceremonial role of the monarch and senior royals is not only greatly admired by millions but adds to the gaiety of nations and swells the UK Treasury through tourism and trade. The patronage of worthy causes is invaluable in raising funds and influence. The sense of unity and continuity derived from the monarchic traditions—the Christmas speech, the conferring of honours, state occasions such as the Trooping of the Colour—cannot be overestimated. But should a Prime Minister seek in future to push the boundaries of the UK political system, or should a future monarch wish to intervene in legislation that affects his or her financial or other interests, only a constitutional court or some such body could effectively resolve a crisis.

With a purely ceremonial monarchy, questions would also arise as to who should invest a new Prime Minister or read the Government’s speech at the State Opening of Parliament—or, indeed, whether the monarch should read that speech at all. How would the work of this ceremonial role be funded, and who would set the limits? To what extent would this refashioned monarchy be accountable to the public, and indeed by what mechanisms?

As with all discourse of this kind, the UK constitution is a delicate system of intertwined shreds and patches—easily upset and resulting in unintended consequences. The tendency to keep things as they are is strong, with reason, as is the desire to proceed with extreme caution and delay. That said, many of us were shocked in 2019 when the Prorogation called by the Prime Minister, in the name of the Queen and ratified by her, was ruled unlawful. Maybe now is the time to at least put the question of what a modern, 21st-century UK monarchy could look like into the public arena.