Succession to the Crown Bill

Chris Bryant Excerpts

Monday 28th January 2013 Commons Chamber

[Mr Leigh]

Well, the Anglican Church is a very relaxed Church, and many Anglican bishops have fairly broad views about the existence of God. The hon. Gentleman’s point is apposite.

[Chris Bryant (Rhondda) (Lab)]

I delight in the relaxed nature of the Anglican communion. I am slightly worried, however, because the hon. Gentleman says there is not a Catholic plot yet he asserts there was a James III. If there had indeed been James III, there would not be Elizabeth II.

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[Mr Leigh]

If I made a bad or weak point, I willingly withdraw it and accept my right hon. Friend’s superior knowledge.

Amendment 1 makes an important point. It is almost as important as the one that my hon. Friend the Member for North East Somerset made. If the legislation stays as it is, we will return to the world of the Act of Settlement, in which people were incredibly suspicious of some kind of papist plot. If someone had been tarnished in any way at any time in their life with Catholicism, they were excluded from the throne. As it happens, my eldest son is 640th in line to the throne, because he is descended from the Electress Sophia through his mother. He is not excluded from the throne as he was baptised as Russian Orthodox, although he has been raised a Catholic. So in our family we have found a way around the bar, but if the Bill stays as it is, we will return to a ridiculous, bizarre and absurd situation in which someone must never, at any point in their life, have taken communion in a Catholic church. As my hon. Friend pointed out, there are many mixed marriages and we go to each other’s churches regularly. Even those who oppose new clause 1 must accept that the logical and right thing to do is for the person to be able to make an election at the time they become Head of State.

[Chris Bryant]

I am sorry to be pedantic, but the hon. Gentleman has made the same mistake several times in this debate and in previous debates. There is no such thing as Russian Orthodox baptism. There is Christian baptism, end of story. All Churches accept one another’s baptisms. The one difference between the Roman Catholic Church and the Russian Orthodox Church—and perhaps as a Roman Catholic he could persuade senior people in his Church to change their position—is that the Catholic Church believes that Anglican orders are null and void.

[Mr Leigh]

Mr Deputy Speaker, I think you will rule me out of order if I get into the intricacies of baptism, and which baptism is recognised by which church. In fact, the Catholic Church does recognise Russian Orthodox baptisms and considers itself in communion with the Russian Orthodox Church. The problem lies not with the Catholic Church, but with the Russian Orthodox Church, which does not want Catholics to take communion in its churches.

We are in danger of becoming enmeshed in the kind of arguments that enveloped us at the end of the 17th century and the beginning of the 18th century. All my hon. Friend is trying to say in these very simple amendments is that, even if one supports the legislation as it is currently drafted, surely one should have the right to be judged on one’s faith at the time that one becomes Head of State or wants to become Head of State, and not be judged on what baptism one has received, what churches one attended in the past or what communion one has taken. Amendment 1, therefore, is even more important and apposite than new clause 1.

I will end on this point. As unlikely as it is in the near future that anybody will be banned from the throne of England because of their faith, I hope that we in this House do not accept the current situation when we have a once-in-a-lifetime opportunity to change the law. We have been told so often that this is so complex and difficult to do that it may be the only chance in a generation. Is today not our chance in our time to stand up for religious freedom once and for all, and to say that all the disputes and hatreds of the past are now finished and that no office, however great, will be barred to someone because of their faith?

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[Paul Flynn]

It is interesting that we have got on to linguistic discrimination. I could stay within the rules of the House and speak in Middle English, which very few, if any, people in the House speak, but I am denied the opportunity to speak in the language of Wales, which has the same authority and respect in this House as spitting on the carpet, where it is ruled as “unruly behaviour”. However, I will move on.

What is important in a Head of State? It is character, not religion. I am not allowed to be offensive to members of the royal family, because we are bound by rules that were created in the 13th century. I can do it outside this place, but not in Parliament—part of the infantilism of Parliament.

[Chris Bryant]

My hon. Friend is completely wrong. In the 13th century, 14th century, 15th century, 16th century and 17th century, Members of the House of Commons were regularly very rude about members of the royal family. The idea that we cannot be rude about members of the royal family comes from the 19th century.

[Paul Flynn]

I am informed otherwise by those who perhaps have an even greater knowledge of this place than others—it goes back a long way.

The practical situation is that if we talk about the choice of Head of State, we can make only favourable comments about the people concerned. It is not difficult to say anything favourable about our present Queen, who has had a remarkable reign and has never interfered with politics in any way. However, if we look back at her immediate predecessors—again, without being derogatory —her father had an unhappy time and her uncle was a very unsuitable monarch, and her great grandfather and various others were not suitable.

There are grave doubts about the immediate successor, which are well known. There are many doubts about him and we are not even allowed to know what he wrote in letters to Ministers a few years ago. [Interruption.] “Quite right”, says an hon. Member. Who are we to know? We are only the elected people of this country. We are the representatives of the nation, not someone who happened to be first past the bedpost some time ago. That does not qualify him to make the crucial decisions he would have take, which is common in most countries where they have an elected state and the Head of State is there to keep the Prime Minister in control. That might have been necessary in the dying days of Mrs Thatcher’s rule, the details of which I gave last week—

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[Chris Bryant]

I am grateful to follow the hon. Member for Northampton North (Michael Ellis). When he talked about the temple of Solomon, I was somewhat concerned about the number of pillars he was adding to the established archaeology of the building. The fact that it was destroyed by Nebuchadnezzar many centuries ago also made me worry about quite what direction the hon. Gentleman was going in, let alone whether we were going to start talking about how many wives and concubines Solomon had under the provisions of his own royal marriages Act.

I support the two main thrusts of what the Bill is trying to do, but I think that we will end up ruing its passage. That is not because I disagree with the principle of abolishing male-preference primogeniture so that women can inherit equally with men, nor because of the minor adjustment to the provision on those who marry Roman Catholics being allowed to continue in the succession. My problem with the Bill is that it does something very significant that I do not think the Government intend it to do. The Royal Marriages Act 1772 provided that an individual who was in line to the throne had to get consent from the monarch at the time of marriage. If the monarch refused to provide that consent, or the individual refused to ask for it, their marriage would simply become null and void. I do not think that any of us believes that anybody should be able to declare anybody else’s marriage null and void.

The new legislation that we are seeking to agree will have no effect on the validity of the marriage, but it means that the person will be removed from the succession. That matters because throughout the whole history of English Parliaments, Scottish Parliaments and Irish Parliaments, the succession has always been determined by Parliament, not the monarch. Parliament decided what should happen at the deposition of Edward II. In the case of Richard II, the decision was made by the shortest Parliament in our history—a one-day Parliament in Westminster Hall gathered by Henry Bolingbroke. One could argue that it was not a proper Parliament because Richard II was not present, but none the less the Commons, the Lords and the Church, gathered together, made the decision on who should be the new monarch.

[Michael Ellis]

May I suggest that Parliament will still make the decision, because it could intercede and put someone back in the line of succession if they had been excluded for this reason?

[Chris Bryant]

That is not in the Bill. Indeed, the Government have said that it is entirely a matter for the Crown, in the double sense of the monarch and the monarch’s Ministers, who might have a role in advising the monarch.

Incidentally, I would not want to be a monarch apart from Elizabeth with a “II” in my title, but when James II was removed, Parliament decided, through the Bill of Rights and then the Act of Settlement, to hand over a joint monarchy to William and Mary rather than to anybody else. Then, when the Stuart line was going to end with Queen Anne, Parliament decided how the succession should proceed. Again, when Edward VIII tried to abdicate in 1936, the abdication could be allowed only because there was a statute of Parliament the next day.

[Jacob Rees-Mogg]

Will the hon. Gentleman give way?

[Chris Bryant]

This is waistcoat-to-waistcoat business, isn’t it?

[Jacob Rees-Mogg]

The hon. Gentleman missed out the succession of Mary Tudor, when the Act of Parliament —the Third Succession Act of Henry VIII—was followed rather than the instructions issued by Edward VI.

[Chris Bryant]

That is absolutely right. It is interesting that we had gone through three Succession Acts, but again Parliament decided the process. Incidentally, exactly the same situation applied in Scotland. The calling of the first Scottish Parliament was prompted by a contested succession in Scotland on who the next monarch should be.

For the first time in our history, the monarch himself or herself will be allowed to decide whether somebody is barred from the succession by refusing to provide consent, without any reason given, at the moment that that person chooses to marry. We do not have a capricious monarch at the moment, but we have had plenty of capricious monarchs in the past, and I suspect that we will have a capricious monarch in future. At that point, we will rue the day that we passed the legislation in this form. I desperately hope that a good Bill is made better by their lordships. This is the kind of moment when one wants to vote both Aye and No, because it is a good Bill in principle but a bad Bill in its detail.