Counsellors of State Bill [Lords]

Brendan O'Hara Excerpts

2nd reading
Thursday 1st December 2022 Commons Chamber

[Brendan O’Hara (Argyll and Bute) (SNP)]

I will not detain the House for too long. The Bill is what it is, and it does what it says it will do. It is a pragmatic solution to a problem that has arisen, and it is by and large uncontentious and uncontroversial. For as long as the United Kingdom chooses to have a constitutional monarch, whose role includes the granting of Royal Assent to legislation, the appointment of judges and Ministers, as well as a host of other engagements and functions both at home and abroad, there is an identifiable need to extend the number of people who can deputise for the monarch when he or she is overseas, is unwell, or is for whatever reason unable to conduct those duties.

Given that two current Counsellors of State are, for different reasons, non-working royals and have withdrawn from public life, the proposed appointment of two new Counsellors of State who can exercise those royal functions when needs be makes sense. The Bill is a reasonable workaround that provides temporary solutions to the constraints of the Regency Acts, which state that Counsellors of State are the spouse of the monarch and the first four in the line of succession. Although the Bill gets us over that inconvenient hurdle, I suggest that the Government should find a more robust and enduring way of dealing with such situations, which will undoubtedly arise in the future.

I understand why the King would want to make his brother, the Earl of Wessex, and his sister, the Princess Royal, Counsellors of State, as both have previously performed that duty for the late Queen. As an aside, will the Minister explain why on the Bill as printed the Earl of Wessex seems to be given prominence ahead of the Princess Royal? I find it a strange order in which to put them. As a wider point, rather than having to revert once again to the Regency Act 1937, using the 1953 precedent that made the Queen Mother the additional Counsellor, as if she had been appointed at the same time as others, it would probably be better to find a more formalised way to appoint people to those positions. The Bill is a quick-fix solution to an immediate problem, but it does not get over the structural issues latent in the Regency Acts. I point the Minister to a well informed post by Dr Craig Prescott of Bangor University, writing for the University of London’s Constitution Unit. He says that this question will arise time and again until it is formally sorted, and that if there is to be, as we believe there will be, a more slimmed down royal family that focuses more on the direct line of succession, such issues will need to be addressed.

I have no doubt that the Bill will pass, but I suggest that the Government should eventually get round to looking at how Counsellors of State are appointed. That said, given the current state of the United Kingdom, I sincerely hope that this issue is somewhere around No. 101 in the Government’s list of 100 things they need to do. If it is not No. 101, I suggest it should be. At some point, however, it may be worth considering the issue again.

Everyone understands that, for a whole host of reasons, the monarch cannot always be available to perform their duties. That is why over the centuries, Counsellors of State have been appointed to assist the sovereign. The current Regency Acts provide for Counsellors of State because they are important to ensure that Government business can continue to run smoothly. As the 1937 Act states, Counsellors of State should be in place to

“prevent delay or difficulty in the despatch of public business.”

Much has changed since 1937, and I hope that when the Government get round to looking at this issue again, they will consider the revolution in communication and technology, which I understand the late Queen herself embraced to great effect during the covid lockdown. If the Bill is about improving procedures and ensuring good administrative practice, we should be looking to the future, embracing that technology, and finding a better solution, rather than simply looking back to 1937 and a time when the telegram was the fastest means of communication, and the ocean liner the quickest means of international travel. Is there a barrier to stop the King signing documents by means of an electronic signature? What is there to prevent formal royal correspondence from being done via email? Is there any legal impediment to the monarch appearing via a video link to join a meeting of the Privy Council? I do not see why any of that should be controversial, so perhaps the Minister could tell me whether or not such things are possible.

Finally, on the theme of modernisation, I suspect that many people will be asking what is the point of us examining how we can help the monarchy to modernise when certain parts of the institution seem stuck in the past. The treatment last week of Ngozi Fulani at Buckingham Palace was appalling, and I am delighted that—

[Mr Deputy Speaker (Mr Nigel Evans)]

Order. The Bill before the House has a very narrow scope, so perhaps the hon. Gentleman could focus on that.

[Brendan O’Hara]

Thank you, Mr Deputy Speaker. Modernisation is vital, but the institution must help itself to modernise. This Bill is part of that. We will support the Bill today, and I thank you for your indulgence, Mr Deputy Speaker.