Succession to the Crown Bill

Christopher Pincher Excerpts

Tuesday 22nd January 2013 Commons Chamber

[Mark Durkan]

I thank the hon. Gentleman for speaking up for God as well as for Parliament. His point again raises some of the issues that we have been dealing with today and the difficulties we find when we get into the constitutional fineries, particularly those of an unwritten constitution.

Let me return to the issue of civil partnerships and why the Bill contains no reference to them. I remind the Minister that equal marriage legislation will be coming before the House, and many hon. Members will be tabling and supporting amendments that would also seek to have opportunities in respect of civil partnerships. They may propose that civil partnerships would no longer be restricted as an option only for same-sex couples, but would be open for other people to register their loving relationship, so that couples of either type would have an equal choice between the rite of marriage and civil partnership. That equal marriage legislation might be amended so that civil partnerships could end up being available to people of different sexes, and therefore children would issue from those, too. So again the question arises: why do this Bill and this clause refer only to consent for marriage, and not consent for civil partnership?

[Christopher Pincher]

I am grateful to the Minister for suggesting on Second Reading that in 200 or 300 years I may be Father of the House. My right hon. Friend the Member for Louth and Horncastle (Sir Peter Tapsell) may have something to say about that, either now or in 200 or 300 years’ time.

May I press her on the clause a little more, because her earlier remarks cause me to do so, and refer her to clause 2 of the Royal Marriages Act 1772? It states:

“In case any descendant of Geo. 2.—

George II—

“being above 25 years old, shall persist to contract a marriage disapproved of by his Majesty, such descendant, after giving 12 months notice to the Privy Council, may contract such marriage; and the same may be duly solemnized, without the previous consent of his Majesty; and shall be good; except both Houses of Parliament shall declare their disapproval thereof.”

In other words, if someone is over 25 and has made their intentions clear to the Privy Council, they can get married unless Parliament says that they cannot.

The Bill states in clause 3:

“A person who (when the person marries) is one of the 6 persons next in the line of succession to the Crown must obtain the consent of Her Majesty before marrying.”

In other words, no matter how old that person is they must actively gain the consent of the monarch before marrying and must wait for the Queen or King to say yes. Any reasonable person would infer that the Government appear to be trying to tighten the rules about whom members of the royal family can marry and to give the monarch some extra leverage. Will the Minister confirm that? If that is the case, can she explain much more clearly, as the hon. Member for Foyle (Mark Durkan) asked, why six has been chosen for the number of those in the line of succession who are subject to this rule? If the idea is to tighten the rules and make it easier for the sovereign to control whom his or her descendants close to the line of succession may marry, surely the number should be greater than six or we should prescribe that it applies to the heirs and descendants of Elizabeth II. Surely grandchildren of a reigning monarch who are Royal Highnesses and active members of the royal family might not be subject to the provision.

I would be grateful if my hon. Friend the Minister could make the decision-making process in reaching that number clear and tell us what advice the Government were given about the number six, why they rejected other numbers and why they rejected the idea of having no numbers. That will allow us to be clear about the Government’s intentions.

[Chris Bryant]

I rather agree with the hon. Member for Tamworth (Christopher Pincher). I am wholeheartedly in favour of getting rid of the 1772 Act, which seems a ludicrous piece of legislation that has always been ineffectual. It has encouraged monarchs to be capricious in granting or not granting consent and it was introduced as a capricious piece of legislation. My problem is with clause 3, which is meant to replace it. As the hon. Member for Foyle (Mark Durkan) said, there is no stipulation about whether such permission is necessary for a civil partnership. I presume that all six members could form a civil partnership and succeed to the throne without that being an issue, but if the Government’s same-sex marriage proposals were introduced, they would then have to make a request and have consent granted. I simply do not understand, and I am afraid the Minister has made it far worse for me this afternoon than it was before. Her suggestion that some convenience will be drawn up between Ministers who might or might not be advising means that there will be no clarity for Parliament.

For instance, a potential future heir to the throne might be denied consent to marry by the monarch deliberately because they wanted to exclude them from the succession, and for no other reason. The Bill makes no provision to state that that would be inappropriate. I say that that might happen in the future, because that is precisely what George III tried to do to George IV through the 1772 Act. If the clause is carried into legislation, the monarch will be able, entirely of their own volition and without any guidance from Parliament, to decide who should be excluded from the succession. The only thing that might militate against that would be if somebody got married before they became one of the six or before the monarch took offence or a dislike to them.

The Minister pointed out that other countries have similar provisions. It is true that, of the constitutional monarchies in Europe, Denmark, Sweden and the Netherlands have similar provisions. However, Norway has no such provision—it just has a simple law of succession, as my hon. Friend the Member for Cardiff West (Kevin Brennan) said. It is provided for by the caprice of God, as it were, whereas in two of the three countries that have a similar provision it is a vote of Parliament that decides. For the Crown and the Crown’s Ministers to reserve to themselves the decision as to who should be barred from the succession flies in the face of the history of this country, as the succession is a matter that has always been decided by the whole of Parliament—both Houses of Parliament—through statute law. That is why I am deeply, deeply suspicious of the first three subsections, and my suspicions have been made far worse by what the Minister has said this afternoon.

--- Later in debate ---

[Miss Smith]

Historians in the House might leap to correct me, but I understand that Queen Victoria was the most extreme example, at No. 5. I hope that answers my hon. Friend’s question.

Let me turn to the notion that the sovereign ought not to have a part in that decision. The role of the sovereign in giving consent to a royal marriage is part of our tradition and is entrenched in law. The Government also consider that there is a public interest in the marriages of those closest to the throne, so we believe that the requirement to seek the sovereign’s consent continues to serve a valuable purpose.

[Christopher Pincher]

If my hon. Friend accepts that the public have a legitimate interest in active members of the royal family, who might be styled “Royal Highness”, and that the monarch might therefore wish to have some control over who they marry, does she not agree that the monarch might wish to have some control over those who are seventh, eighth or ninth in line to the throne marry, as they, too, might be active members of the royal family who are styled “Royal Highness”?

[Miss Smith]

Two points need to be made in response to that question. We here in Parliament, taking due account of our responsibilities to legislate on such matters, do so cautiously. We have used a pragmatic number, and I have tried to explain from where we have derived that number. We think that it is cautious and pragmatic. However, I also referred to the notion of the people who come within the scope of the Bill also exercising wisdom, good sense, pragmatism and caution. I suggest that it would not be beyond the realms of possibility for a person who is No. 7 or No. 8 to be careful in such matters. That is perhaps as far as I ought to go on that, but I do not think that that is beyond the bounds of reasonableness. However, the fact is that we in Parliament have to fix a number. I have tried to explain why we think that number ought to be six.

--- Later in debate ---

[Miss Smith]

I have nothing more to add to the comments I made a few moments ago. I think that in these situations a degree of pragmatism might prevail.

[Christopher Pincher]

The Minister talks about practicalities and pragmatism, and people showing good sense. May I remind her that Queen Victoria had nine children, all of whom contracted marriage? Under these proposals, six of them would have had to seek the Queen’s consent to marriage and three would not. Is that sensible? Would the Queen have been amused?

[Miss Smith]

My hon. Friend asks me to comment on a direct historical precedent. I do not think it is helpful to do that, because it is, after all, the past. Mr Evans, who is now in the Chair, would of course stop me if I sought to impute any opinion to any member of the royal family, past or present.

Let me move on to what the hon. Member for Foyle (Mark Durkan) said about civil ceremonies and civil partnerships. There is no bar on the heir or other members of the royal family marrying in a civil ceremony. Moreover, I am unaware of any legal bar to somebody who is in a same-sex relationship acceding to the throne. I would envisage that the sovereign’s consent measures in clause 3 would continue to be the case for same-sex relationships. I will not comment on legislation that this House has not yet considered, which, as the hon. Gentleman might understand, would cover the notion of same-sex marriage.