Succession to the Crown Bill

Damian Collins Excerpts

Tuesday 22nd January 2013 Commons Chamber

[Dr Thérèse Coffey (Suffolk Coastal) (Con)]

It is a great pleasure to speak in this debate. Clause 1 is absolute common sense, especially in today’s world. It is a welcome step and I am pleased that it is my Government who have introduced it, though admittedly with cross-party support.

I will spend most of my speech addressing clause 2. I say at the outset that I support an established Church in this country and am happy for it to be the Church of England. Indeed, the whole question of who is eligible to be the heir to the throne or, indeed, to be the sovereign of our nation rests on their Church of England faith. In addition, much is connected with marriage—indeed, it was arguments with the Pope back in the 16th century that led to the establishment of the Church of England, which led to the thorny issues that we are examining today and, let us not forget, to several hundred years of persecution of people on the basis of their faith.

I recognise that the Bill is a symbolic gesture, and on those grounds I welcome and support it, but we should also recognise that it is only a token gesture: the person who will benefit from it is the person in line to the throne, not necessarily their children or, indeed, their spouse, if they are of the Catholic faith. Although I do not pretend to be a canon lawyer, there are certainly things that we need to explore along those lines. It is somewhat ironic that the two Ministers leading the Bill through the House are both self-proclaimed atheists. I suppose that means that they are able to take a dispassionate view of the Bill, but perhaps they do not understand the sensitivity or frustration felt by people of faith about the entrenchment and discrimination that the Bill will undoubtedly perpetuate.

[Damian Collins (Folkestone and Hythe) (Con)]

Does my hon. Friend agree that, ultimately, the monarch, regardless of whatever rules Parliament creates, governs with the consent of Parliament and the people, and that plenty of monarchs, regardless of what the statute of their day said, have found to their cost the error of no longer having the consent of Parliament and the people?

[Dr Coffey]

My hon. Friend, who is also of my faith, makes an excellent point. Of course, the situation he describes led to the execution of a monarch in times past. Frankly, the person with whom they replaced him is one of the people whom I am determined to write out of parliamentary history at some point, if possible by removing the statue outside. We will leave that debate for another day, but it is not only because he banned Christmas—we can just imagine how miserable he was.

My hon. Friend makes an important point, and my right hon. Friend the Member for Mid Sussex (Nicholas Soames) seems to share his concern. It was interesting to hear the hon. Members for Rhondda (Chris Bryant) and for Llanelli (Nia Griffith) ask why someone being deemed the Supreme Governor of the Church of England is invalidated by their not being a member of the Church of England. Would a member of the Church of Scotland or the Church in Wales have to convert formally to the Church of England to take up the role of sovereign? I know that Her Majesty takes her faith very seriously—that is one of her many admirable qualities.

--- Later in debate ---

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

I did not intend to speak in this debate but I am one of three Members of Parliament whose constituency includes a significant amount of land belonging to the Duchy of Lancaster. The constituency of my neighbour the Deputy Speaker, the hon. Member for Ribble Valley (Mr Evans), includes large areas of the duchy—including a very fine pub, the Inn at Whitewell, which is owned by Her Majesty the Queen, or the duchy—as does that of my colleague and hon. Friend the Member for Lancaster and Fleetwood (Eric Ollerenshaw). We are therefore acutely aware of the nuanced differences between the monarch—the sovereign—and the Duke of Lancaster, as our Queen is known in the county palatine of Lancashire.

When we consider the impact of the Bill, it is important to understand how it could impact on the other titles, assets and offices of our sovereign. I am looking for clarity. I do not oppose the principle of what the Bill seeks to achieve, although I sometimes perhaps favour the route of the old clan chieftains in Scotland of choosing the most appropriate person to succeed rather than the oldest or youngest, or a male or female. The Saxons sometimes adopted a similar tactic.

Today the duchy is more than just a title; it represents huge amounts of land and assets. It owns about 19,000 hectares of land, valued at £350 million in 2010, so a significant asset is attached to the title, and we must understand the problem that the Bill may create. In the next debate, it is important that the Government set out clearly the position that may need to be addressed.

The current Duchy of Lancaster is the second creation, set up for John of Gaunt, son of Edward III, in 1362. It became a powerful duchy, and as a result, when Henry Bolingbroke succeeded as Henry IV and was crowned in 1399, he was keen to ensure that his inheritance and that of his children was kept separate from the Crown and the sovereign, as at that time kings tended to lose their crowns.

[Damian Collins]

My hon. Friend raises an important point about Henry Bolingbroke, but is that not a demonstration of the flexible nature of the powers of succession, given that he usurped the Crown?

--- Later in debate ---

[Richard Drax]

Treason, if that is what the hon. Gentleman is implying, does not apply to my family—certainly not, and certainly not to me today.

I will speak briefly, because so much has been said and said so well, not least by my right hon. Friend the Member for Mid Sussex (Nicholas Soames). I concur with every word he said. I also concur with much of what my hon. Friend the Member for North East Somerset said, not least about the problems we would have if a Roman Catholic married into the royal family. Under current rules, that heir would not be able to take the throne without more amendments to Acts and regulations, which could cause huge angst and difficulty in the years ahead. Either we do the whole thing, or we do not tinker with our constitution, as we are attempting to do.

So many hundreds of years of history have brought the country to this point. We must not ignore the fact that our history comes with bloodshed, religion, all kinds of glorious moments and some very sad ones. We are here at this point today and we should respect hugely what has gone before. I am nervous that nearly 700 years of tradition will be trampled on in two days. Two days of debate is not long enough, and I beg those on the Front Bench to give us more time to discuss this. I am sure that similar views will be expressed in the other place.

We have no mandate to change or tinker with the succession. It was not in our manifesto. My postbag, like those of colleagues I am sure, is not bulging with requests to do what we propose to do. In fact, my postbag is bulging with other, far more serious issues, not least the EU, immigration, jobs and all the other big issues we face. In fact, the only letters I have received on this matter—a lot of them—are from republicans who see any move to tinker with our royal family as a chance to rid the country of our monarchy. I am sure that all right hon. and hon. Members support the Queen, as I do, and are loyal subjects. It is interesting that even the slightest opening has produced an opportunity for republicans, who want to see the royal family gone, to try and exploit.

[Damian Collins]

Does my hon. Friend not agree, though, that it would be fairer to the Duke and Duchess of Cambridge to resolve this matter before they produce their first child?

[Richard Drax]

That is a good point, but as I understand it the legislation will be retrospective to 28 October 2011 anyway, so why the rush? If that is what is leading us to make this decision so quickly, I would say that it is another reason why we should not be doing so. Republicanism is one example, dare I say it, of the law of unintended consequences.

As I understand it, the Bill was not introduced in the House of Commons until every Commonwealth realm had consented in writing. We are told that the palace has been consulted, but I believe there is still much work to be done. It is a sad day when we are fast-tracking a Bill on this honoured institution through this place in such a short time. As I said, the Bill is going to be retrospective and, as I understand it, the changes will apply to any child born after 28 October 2011. Why not allow us, the law-makers, more time for consideration?

We owe our country’s stability—indeed, the existence of the monarchy itself—to a series of Acts and laws stretching back centuries. They include the Treason Act 1351, the Bill of Rights of 1689, the Act of Settlement of 1701 and the Regency Act 1937. If we insist on proceeding with this Bill, I understand that we will need to amend no fewer than nine Bills and nine Acts.

My final objection to this Bill is that far wiser heads than mine have counselled against such changes, which will have unforeseen and unintended consequences that could shake the foundations of our country. Even the Labour Government under Blair shied away from this, because the complexities outweighed the benefits.