Counsellors of State Bill [HL]

Baroness Smith of Basildon Excerpts

2nd reading
Monday 21st November 2022 Lords Chamber

[Baroness Smith of Basildon (Lab)]

My Lords, I am grateful to the Lord Privy Seal for his detailed explanation of the Bill when he opened the debate. I also thank the House of Lords Library for its very helpful and comprehensive paper, which actually answers a number of the questions that were raised by noble Lords in this debate. I am sure that the Minister will make use of it.

I smiled when the noble Lord, Lord Pannick, referred to the constitutional machinery of Counsellors of State. Those of us who have been candidates at elections often remember being told that we were a legal necessity for the election, but our role was important in that context nonetheless.

This is a very simple, straightforward proposal. We have strayed into debate on wider issues that may be addressed in the legislation, but we have quite a straightforward and moderate measure before us today. It has the advantage, unlike so much other legislation, of being precise and very clear. The purpose is to ensure that Counsellors of State are available when His Majesty wishes to delegate certain duties. The noble Lord, Lord Balfe, asked what would happen if the Duke of Suffolk were to come over to the UK and try to assume responsibilities. Under the provisions of the legislation, the monarch delegates responsibilities; people do not take them on of their own accord.

I can think of no more appropriate members of the Royal Household to take on these two positions as extra Counsellors of State. As has been referred to, both have previously acted as Counsellors of State but were then moved as the line of succession changed—we will have to look at some of the gender issues in this at some point—and others reached the age of majority and became Counsellors of State. Princess Anne was a Counsellor of State from 1971 to 2003, and the Earl of Wessex from 1985 to 2005, when Prince Harry reached the age of 21. Their experience in that role is something that cannot be denied. They both know what is expected of them and how to perform their functions. It is of course open to other members of the Royal Family to carry out other ceremonial events, but Counsellors of State have very specific functions, as delegated by the sovereign.

There are other issues relevant to this legislation but they are not for discussion today, or indeed in this legislation. The measure before us today is entirely appropriate and proportionate. Unlike many other pieces of legislation, it does exactly what it says on the tin.