Succession to the Crown Bill

Debate between Ben Wallace and Martin Horwood

Tuesday 22nd January 2013 Commons Chamber

[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.