Succession to the Crown Bill (Allocation of Time)

Gerald Howarth Excerpts

Tuesday 22nd January 2013 Commons Chamber

[Jacob Rees-Mogg]

Again, I am in agreement with the hon. Gentleman. We need time to consider constitutional issues properly, because they have complex knock-on effects and their phraseology is crucial to how the Crown might pass in future. If mistakes are made now, we could discover that we end up with consequences that we do not want, or indeed—this comes back to my amendments to this allocation of time motion—that we are not able to consider matters that are very pertinent to parts of the Bill because the phrasing is too narrow and things have been done within a time limit that makes it very hard to extend into these issues.

My amendments seek to allow for an instruction to be debated that would widen the scope of the Bill to include the consequence of a marriage to a Catholic. I speak as a Catholic or, in the terminology of the Bill of Rights and the Act of Settlement, as a “Papist”—as a member of the “Popish” religion—and I am happy to do so. I find no shame in being called that; I rather prefer it to the more politically correct phraseology of “person of the Roman Catholic faith”, which is rather middle-management-speak, if I may say so.

It is proposed in the Bill that a Catholic may marry an heir to the throne but may not then maintain the succession by bringing up a child of that marriage as a Catholic. The reason I object to that is because it is an attack on the teaching of the Catholic Church. Canon 1125 states specifically that the bishop, who can give a dispensation for a Catholic to marry a non-Catholic, is not to do so unless

“the Catholic party is to declare that he or she is prepared to remove dangers of defecting from the faith and is to make a sincere promise to do all in his or her power so that all offspring are baptized and brought up in the Catholic Church”.

When I got married, it was with great pleasure and joy that I was able to make that promise, because there is no finer thing to be able to pass on to one’s children than one’s own religion; there is nothing finer than to have that hope of faith, that joy of salvation that comes from passing on what has come from one’s own forebears through the generations. In this Bill and under this allocation of time motion, the House is not allowed to consider the natural consequence of what is being proposed by Her Majesty’s Government. I would therefore like the amendment to be made so that we are able to consider the natural consequences of what the legislation proposes.

I would like us to also be able to amend the legislation so that a child of such a marriage that the law would allow could be a Catholic, but to protect the position of the Church of England, which obviously cannot be led by a non-member of that Church, so that under the Regency Act 1937 a regent would be appointed to take on the role of Supreme Governor of the Church of England and to hold the title “Defender of the Faith”—a papal title that has been taken by the Crown since the reign of Henry VIII. That is an entirely logical extension of what is proposed in the Bill and time ought to be allowed to debate it, because when we start these changes and decide that in this modern age we need to be more politically correct and allow Catholics to marry into the throne, we have to consider the consequence.

The consequence of what is being proposed is to leave in the deeply hostile anti-Catholic language contained in the Act of Settlement and the Bill of Rights. Such language would not conceivably be used by any Member of this House in this more modern age. The consequence is to leave all that, but to take out just a few words. If I may, Mr Speaker, it might be worth my reading out a little of this language:

“And whereas it hath beene found by Experience that it is inconsistent with the Safety and Welfaire of this Protestant Kingdome to be governed by a Popish Prince or by any King or Queene marrying a Papist the said Lords Spirituall and Temporall and Commons doe further pray that it may be enacted That all and every person and persons that is are or shall be reconciled to or shall hold Communion with the See or Church of Rome or shall professe the Popish Religion or shall marry a Papist shall be excluded and be for ever uncapeable to inherit possesse or enjoy the Crowne and Government of this Realme”.

We are proposing to remove from that fewer than a dozen words and leave the main substance intact. I would happily accept no change at all, because that is the history of our nation.

[Sir Gerald Howarth (Aldershot) (Con)]

My hon. Friend is an extremely great man. As a churchwarden in the Church of England, I salute the Catholic Church for its adherence to a principle that has not always been so prevalent in the Church of England. He raises some interesting points, and his amendment proposing that there should a regent who should be responsible for answering to the Church of England would create a fundamental change in our constitution. Accordingly, I entirely agree with him that this matter should not be rushed through this House or through Parliament. We should not trifle with the constitution of this realm in such a fashion, so I support entirely what he has just said.

[Jacob Rees-Mogg]

I am extremely grateful to my hon. Friend because that is the crux of my view. Let us suppose that we were to make no change. We live with the great history of this nation day by day, and it is a history that I am proud of and love; when we change it, we have to think carefully about the words we use. We have to think about the great offence given to Her Majesty’s loyal Catholic subjects by going back to the language of the Act of Settlement with a minor amendment.

--- Later in debate ---

[Miss Smith]

One of the curious aspects of the debate is that we could take almost as long to discuss what is already wrong with the status quo, which is what the hon. Gentleman would like us to do.

I must deal with a number of points that have been made across the Chamber today. I welcome the support of the hon. Member for Newport West (Paul Flynn) for removing the male bias in primogeniture, and I think that other Members of the House fully support our view on that.

As a Conservative, I do not talk here for political correctness; I talk here for religious equality and freedom. I think it is important that the Bill will end a long-standing piece of unique discrimination. The current provisions are uniquely anti-Catholic because they bar the heir from marrying a Papist or a member of the Roman Catholic faith—whatever term one wishes to use—but I think that much of that terminology is the product of a different age, when the kingdom was threatened by expansionist Catholic realms elsewhere. However, those provisions do not apply to anybody else. They do not apply to atheists, Muslims, Jews, people of no religion or any combination of religions. I believe in the freedom that the Bill will open up by removing that unique piece of discrimination. The changes also do not affect in any way the place of the established Church of England.

[Sir Gerald Howarth]

Forgive me, but my hon. Friend cannot say that the issue does not affect the established Church of England and that the Bill ends discrimination; it is discriminatory by definition that the Church of England should be the established Church in these islands. What my—

[Mr Speaker]

Order. I am extremely grateful to the hon. Gentleman. I am sure that it is inadvertent and a consequence of the interest in the subject, but interventions are now eliding into the subject matter of the Second Reading debate. The matter with which we are concerned now is purely the allocation of time motion. The Minister is offering her view in response to the contributions to that debate. I am sure that the hon. Gentleman will be patient and volunteer his further thoughts ere long.