Succession to the Crown Bill

Ben Wallace Excerpts

Tuesday 22nd January 2013 Commons Chamber

[The Deputy Prime Minister]

I really want to make progress now.

The reform that limits permission to the six who are in line to the throne is made for practical reasons; the other two reforms are more about our values. The current rules of succession belong to a bygone era; they reflect old prejudices and old fears. Today we do not support laws that discriminate on either religious or gender grounds. They have no place in modern Britain, and certainly not in our monarchy—an institution central to our constitution, to the Commonwealth, and to our national identity too. With the Duke and Duchess of Cambridge expecting a baby and our having just celebrated our Queen’s 60-year reign, this Bill is timely as well as popular. It is also straightforward and enjoys support across the House, which, as I should know, is a rare thing in constitutional reform issues.

I will come to the Catholic provisions in a few moments, because I am aware that, as we have already heard, some hon. Members have concerns about their implications. On female succession, the real question that we need to ask is why it has taken us so long. This is a nation that prides itself on pioneering equality between the sexes: a nation of great Queens such as Queen Victoria and Elizabeth II. A woman can, and has, been Head of the UK Government, yet still on our statute books, with Parliament’s official backing, we have succession laws based on the supposed superiority of men. That anachronism is out of step with our society, it sends the wrong message to the rest of the world, and it is time for the rules to change.

[Mr Ben Wallace (Wyre and Preston North) (Con)]

As the Member of Parliament for Wyre and Preston North, I represent huge tracts of Duchy of Lancaster land. Henry IV set up the Lancastrian inheritance separately from the Crown and its entities to follow through the male heirs, except where the monarch was a female. Under that separate arrangement for passing on the private possessions of the Duke of Lancaster, inheritance currently remains with the male heir where a male is a child of a monarch. Therefore, if the Queen were to have both a boy and a girl, would we not be in danger of splitting an inheritance so that the changes ensured that the female inherited the position of monarch but the title of Duke of Lancaster went to the son?

[Mr Deputy Speaker (Mr Lindsay Hoyle)]

Order. Before the Deputy Prime Minister answers, may I say that we need shorter interventions? I hope that that can be taken on board.

[The Deputy Prime Minister]

As my hon. Friend knows, this Bill deals only with the succession to the throne and not with issues relating to the succession of hereditary titles. We can have a perfectly valid separate argument about that, but it is not within the very narrow scope of this Bill, all the reasons for which have been explained by the Parliamentary Secretary, Cabinet Office, my hon. Friend the Member for Norwich North (Miss Smith).

[Mr Wallace]

I am not sure that my right hon. Friend understands. This measure, without such clarity, will disinherit the monarch of the lands that the monarch holds in the title of Duke of Lancaster, given that that is a separate division from the Crown.

[The Deputy Prime Minister]

Let me make it clear that this is about the succession to the Crown and nothing else. The issues of succession to hereditary titles can be dealt with separately if this House so wishes.

--- Later in debate ---

[Mr Ben Wallace (Wyre and Preston North) (Con)]

I did not intend to speak in this debate but I am one of three Members of Parliament whose constituency includes a significant amount of land belonging to the Duchy of Lancaster. The constituency of my neighbour the Deputy Speaker, the hon. Member for Ribble Valley (Mr Evans), includes large areas of the duchy—including a very fine pub, the Inn at Whitewell, which is owned by Her Majesty the Queen, or the duchy—as does that of my colleague and hon. Friend the Member for Lancaster and Fleetwood (Eric Ollerenshaw). We are therefore acutely aware of the nuanced differences between the monarch—the sovereign—and the Duke of Lancaster, as our Queen is known in the county palatine of Lancashire.

When we consider the impact of the Bill, it is important to understand how it could impact on the other titles, assets and offices of our sovereign. I am looking for clarity. I do not oppose the principle of what the Bill seeks to achieve, although I sometimes perhaps favour the route of the old clan chieftains in Scotland of choosing the most appropriate person to succeed rather than the oldest or youngest, or a male or female. The Saxons sometimes adopted a similar tactic.

Today the duchy is more than just a title; it represents huge amounts of land and assets. It owns about 19,000 hectares of land, valued at £350 million in 2010, so a significant asset is attached to the title, and we must understand the problem that the Bill may create. In the next debate, it is important that the Government set out clearly the position that may need to be addressed.

The current Duchy of Lancaster is the second creation, set up for John of Gaunt, son of Edward III, in 1362. It became a powerful duchy, and as a result, when Henry Bolingbroke succeeded as Henry IV and was crowned in 1399, he was keen to ensure that his inheritance and that of his children was kept separate from the Crown and the sovereign, as at that time kings tended to lose their crowns.

[Damian Collins]

My hon. Friend raises an important point about Henry Bolingbroke, but is that not a demonstration of the flexible nature of the powers of succession, given that he usurped the Crown?

--- Later in debate ---

[Mr Wallace]

One reason I do not oppose the Bill is that I do not live in a fantasy world in which Parliament and others have never interfered with the succession. In fact, if Parliament had not, we might still have a Stuart king. I, as a Scot descended from Jacobites, would probably have been quite happy with that.

[Chris Bryant]

I hope the hon. Gentleman will not listen to his Friend the Member for Folkestone and Hythe (Damian Collins). If Henry Bolingbroke did usurp the throne, the present monarch is not the right monarch. I think it was decided by Parliament that Richard II had already abdicated and relinquished the throne and that therefore there was a vacancy, much as happened in 1688.

[Mr Wallace]

I am grateful to the hon. Gentleman for making that point. However, Henry IV’s first act on the throne was to pass the charter of duchy liberties, in which he asserted that the duchy was his possession, separate from those of the sovereign and the Crown. That was confirmed by Henry VII in 1485, and for the benefit of officials and Whitehall it is important to note that there has since been no fresh settlement. Perhaps the clarity we are looking for is found way back in 1485.

This is why clarity is important. The Bill, with which I agree, could create an eldest daughter as sovereign, who will take precedent over a younger son. Perhaps that is where the problem lies. If a monarch has two children, the eldest a daughter and the youngest a son, the Bill empowers the eldest to become the next sovereign. It makes no mention of the Duchy of Lancaster or the title of Duke of Lancaster, separate from the Crown, and nor does it mention what will happen to the assets. Without clarity, the Bill might mean that we have today stripped Her Majesty the Queen of £300 million-worth of assets from her inventory.

I do not believe that that is what is intended, but clarity is needed. It is easy to ensure that the income is diverted to the sovereign. It is highly likely that existing statute provides that income from the Duchies of Lancaster and of Cornwall will continue, but the question of ownership and the title requires clarity.

[Jacob Rees-Mogg]

Having considered the Duchy of Lancaster, will my hon. Friend consider the Duchy of Normandy, and whether the Queen’s possessions as Duke of Normandy might divert to a younger male child when the Crown went to an elder female one?

[Mr Wallace]

I am not an expert on the other duchies in this land, but my hon. Friend proves the point that interfering with succession and fiddling with titles is easier said than done, especially when the titles are so old that they date back to some of the first interferences in succession and the Crown. When the title is linked so much to assets, the House is owed a clear explanation.

[Christopher Pincher]

Will my hon. Friend invite the Minister to make clear what will happen to the assets and title of the Duchy of Cornwall, which have historically passed through the male line through male primogeniture?

[Mr Wallace]

I stand to be corrected, but my understanding is that there is a difference between the Duchy of Lancaster and the Duchy of Cornwall. My understanding is that the latter comes into existence with the heir to the throne and effectively dissolves when the monarch dies. The Duchy of Lancaster goes back far longer. As far as we can see, it is a separate title and therefore cannot be excluded without excluding the assets that go with it.

I do not expect the Minister to have the 1485 charter at her disposal, or that anyone will be able to produce the answer instantly. I am sure it will take far greater legal brains to produce a clear, concise solution. There might be no problem at all: the charter may make it clear that it does not matter whether the heir is male or female, dealing only with the definition of “sovereign”. That may be the answer, but we need clarity.

As ever, changes such as this are easier said than done. That shows how far back our historical ties go. For 700 years the Duchy of Lancaster has owned some of the land in my constituency. Some of my constituents are tenants of the Duchy of Lancaster and rely for their livelihoods on such things being made clear. They, like Her Majesty the Queen and her assets, deserve that clarity.

[Martin Horwood]

I should like to reassure the hon. Gentleman and perhaps Ministers about any risk to the Queen’s assets. There is an editorial cut-off date in clause 1, so the measure applies only to persons born after 28 October 2011. On a constituency note, that must be reassuring to my constituent Zara Phillips, who would otherwise have gone nine places up the order of succession. I am sure her marriage to Mike Tindall would have been approved all the same.

[Mr Wallace]

My hon. Friend’s point is well made, but the position is unclear. The Government want to get this right, so I hope they will furnish the House with the clarity I seek.