Succession to the Crown Bill

Ben Wallace Excerpts

Monday 28th January 2013 Commons Chamber

[The Deputy Leader of the House of Commons (Tom Brake)]

I beg to move, That the Bill be now read the Third time.

I want to thank the House for the gripping debate that took place last Tuesday and for the scrutiny that has been provided. I was very glad to see that Members had sufficient time in Committee to consider all the amendments that were selected. I particularly want to thank various participants, such as my hon. Friend the Member for North East Somerset (Jacob Rees-Mogg) and the hon. Member for Rhondda (Chris Bryant), who brought such a deep understanding of our complex and colourful constitutional settlement to the Floor of the House. I would also like to thank the hon. Member for Newport West (Paul Flynn), who cruelly described my hon. Friend the Member for North East Somerset as the Member for the middle ages but then went on to refer to the Roman era—so presumably he is the Member representing the Roman occupation in today’s debate.

I also wish to thank the royal household for its engagement and should mention the tireless work of Governments from across the Commonwealth, ably marshalled by Rebecca Kitteridge the New Zealand Cabinet Secretary. It has been a remarkable achievement to ensure that the changes we are discussing can be effected across the realms of the Commonwealth for which Her Majesty is Head of State.

I should like to make a point of clarification on an issue discussed in Committee. The hon. Member for Caerphilly (Wayne David) asked whether, under the Statute of Westminster 1931, individual Parliaments in the respective states of the Commonwealth need to give their assent. The relevant part of the Statute of Westminster is the preamble, which includes the following:

“And whereas it is meet and proper to set out by way of preamble to this Act that, inasmuch as the Crown is the symbol of the free association of the members of the British Commonwealth of Nations, and as they are united by a common allegiance to the Crown, it would be in accord with the established constitutional position of all the members of the Commonwealth in relation to one another that any alteration in the law touching the Succession to the Throne or the Royal Style and Titles shall hereafter require the assent as well of the Parliaments of all the Dominions as of the Parliament of the United Kingdom”.

To put it another way, our opinion is that the Statute of Westminster 1931 is politically rather than legally binding. A statement in a preamble is different from a section in an Act. Bearing that in mind, the Government have consulted the 15 other Commonwealth realms in order to reach agreement as to how the laws on succession to the throne should be changed. We have secured confirmation from Heads of Government and Cabinet Secretaries that each realm is in a position to take the steps necessary to bring the changes into effect. We consider that the appropriate steps are a matter for each respective realm in their particular context. Although some realms will not find it necessary to involve their Parliaments, others will.

The Bill is about equality. The Prime Ministers of the 16 Commonwealth nations of which Her Majesty the Queen is Head of State agreed during their meeting in Perth in 2011 to work together towards a common approach to amending the rules of succession to their respective Crowns. All those countries wish to see change in two areas: first, to end the system of male-preference primogeniture, under which a younger son can displace an elder daughter in the line of succession; and, secondly, to remove the bar on the heir to the throne marrying a Catholic. One effect of the proposed change is that if the Duke and Duchess of Cambridge were to have a daughter and then a son, the daughter would precede the son in the line of succession. I am proud that the Bill will remove two long-standing pieces of discrimination and modernise and affirm the place of our constitutional monarchy.

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

On that issue—my right hon. Friend uses the example of a daughter and a younger son—has he managed to provide clarification on the points raised last week on what would happen to titles such as the Duke of Rothesay that specify a male heir in their deeds or patents provident?

[Tom Brake]

That matter has been brought up at various stages of the Bill. Titles are a matter for the monarch. Because we are restricting the scope of the Bill, we can move forward.

[Mr Wallace]

I am grateful to my right hon. Friend for giving way but I believe he might not understand me. The monarch is the fount of honour and can create a title, but most titles are not the privilege of the monarch once they are created—most titles are in fact a matter for Parliament. It takes an Act of Parliament to change or abolish a title except those deemed, under the doctrine of merger, to resort back to the Crown. In that case, will he tell us what will happen to those titles not under the doctrine of merger?

[Tom Brake]

On the titles to which my hon. Friend refers, the following might be helpful. The Scottish titles currently held by the Prince of Wales—Prince and Great Steward of Scotland, Duke of Rothesay, Earl of Carrick, Lord of the Isles and Baron of Renfrew—can pass automatically to a female heir apparent. Those titles have always hung together. The removal of the male bias in the line of succession could therefore not result in the detachment of the titles from the Crown. We have consulted the Court of the Lord Lyon, the official heraldry office for Scotland, on that. I hope that reassures my hon. Friend.

As we look forward to the birth of the Duke and Duchess of Cambridge’s first child, we can also celebrate the fact that a baby boy or girl will have an equal claim to the throne.

--- Later in debate ---

[Mr Wallace]

I had no intention of contributing to this thin Bill’s passage through the House of Commons. In fact, it was only last week, one lunchtime, that I looked at it and decided to do so because I could see a problem with it. Of course, it was also because I wanted to help my coalition partner, the Deputy Prime Minister, and to give him the same easy time that he gives us, by making sure that the Government were given some helpful hints on the Bill during its passage. I agree with the principle of what we are trying to achieve and totally support the Government’s policy on this. However, experience from my previous life, and, I suppose, from my current life—I should declare that I am a member of the Queen’s Bodyguard for Scotland—means that I recognise that there are many foibles in modern and historical changes to the constitution. Making changes is easier said than done.

Wanting to be helpful in last week’s debate, I raised some concerns about the other titles and assets that accompany the sovereign. It is easy to talk about changing the succession without realising that our monarchs are more than that—they have other titles, such as the Duke of Rothesay, the Earl of Carrick, the Duke of Lancaster and the Duke of Cornwall. Some are merely titles without asset, while some are titles with asset, but they are all very important. They are regulated by more people than just one Government lawyer. I am surprised by the lack of consultation with key people such as the Lord Lyon King of Arms in Scotland and the Garter Principal King of Arms in England. These people monitor and, in effect, register letters patent to make sure that the power and extent of a title is upheld. This is not as easy as saying that we can change the succession and everything else will fall into line. I am therefore hoping for clarification from the Government.

My right hon. Friend the Member for Carshalton and Wallington (Tom Brake) gave the example of one or two Scottish titles that can follow through the female line. That is absolutely correct, as in the case of titles such as the Countess of Mar—one of the oldest titles in Britain. However, my right hon. Friend missed out the fact that that takes place only when there is no male heir as a sibling; when there is, they will get the title under the rule of primogeniture. We have heard the example of what would happen if the Duke and Duchess of Cambridge had a son and an older daughter, and I assume that the son would be likely to continue to inherit the other titles.

The Duchy of Lancaster and the Duchy of Cornwall are titles that come with asset, and they have a very significant impact. I understand the Government’s line, and I accept that it is likely—almost certain—that the monarch will continue to enjoy the incomes from those assets, but not necessarily the assets themselves and control over them. A situation could arise whereby the Duchy of Lancaster’s assets, which are considerable— the latest valuation is over £400 million—reside with the son, but the income is diverted to the monarch. That is fine the first time round, but the second time round, when the son of the son has the asset, the asset will get further away from the title, as will the control that may go with it, and the process will continue.

We need to know that the Government—I urge the other House to make sure that this is the case—have consulted the deeds patent under which these titles are issued, and the duchy chronicles and charters of the 15th and 16th centuries that set out what conditions are attached to the Crown. If we do not get this right, it could come back to haunt us at a later date. I urge the Government to make sure that clarity is provided to the other place by the time the Bill arrives there.