Succession to the Crown Bill (Allocation of Time)

Debate between Gerald Howarth and Chloe Smith

Tuesday 22nd January 2013 Commons Chamber

[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—

Succession to the Crown Bill

Debate between Gerald Howarth and Chloe Smith

Tuesday 22nd January 2013 Commons Chamber

[Miss Smith]

My response was not in any way an attempt to fail to answer my hon. Friend’s question. As clause 2 will be a part of this legislation, it will be lawful for Ministers to refer to it. I would therefore say that clause 2 does apply to decisions made under clause 3.

The hon. Member for Caerphilly and my hon. Friend the Member for Tamworth (Christopher Pincher) suggested alternative ways of replacing or updating the Royal Marriages Act 1772. My hon. Friend suggested that we simply substitute descendants of George II with those of Elizabeth II, our current monarch, and the hon. Gentleman suggested that we do the same with regard to the descendants of George IV. Either of those approaches could lead to an identical ballooning of the problem that we have seen under the Royal Marriages Act. It is obvious that the situation would only get worse with time as more and more descendants came into existence. A sensible approach is to replace the unworkable provisions of the Royal Marriages Act with a measure that is limited, pragmatic, and, as the Bill suggests, subject to procedures including the Great Seal and Order in Council.

Finally, clause 3(5) makes provision that marriages previously made void by the Royal Marriages Act are not to be regarded as invalid, which is important. Subsection (6) ensures that the validity of the descent of the Crown from King George II down to the present day will not be affected by the changes in subsection (5). We have already covered the other subsections. The measures provide a sensible update. We have already dealt with the Government amendment that ensures that the clear policy intention behind the Bill is correctly expressed by it.

Question put and agreed to.

Clause 3, as amended, accordingly ordered to stand part of the Bill.

Clause 4 ordered to stand part of the Bill.

Clause 5

Commencement and short title

Question proposed, That the clause stand part of the Bill.

[Sir Gerald Howarth]

I rise to speak briefly to clause 5 because earlier, when I put it to the Deputy Prime Minister that this Bill, if and when it is enacted by this Parliament, will not be effective until such time as it has been ratified by the legislatures of the other 15 realms, the Deputy Prime Minister was unfortunately not able to give me an answer as to when he thought that process might be complete. Although I understand that he confirmed that this Bill will not be enacted until the other 15 realms have enacted their provisions, will my hon. Friend the Minister expand on and enlighten the House about subsection (3), which states that the provisions will come into force at different days and times?

[Miss Chloe Smith]

I shall certainly do my best. I thank my hon. Friend for seeking to end our debate with an issue about which we spoke earlier.

All the realms need to bring these measures into force. We have a clear commitment from them that they are doing so, and we are working closely with them to ensure smooth application. It is difficult to give a date today, but I shall endeavour to keep not only my hon. Friend, but the House updated on it. As I think he knows, not all the realms need to legislate, so slightly different processes will take place in each. The agreement between the Commonwealth countries is that the measures will apply from the point in 2011 when agreement was secured.

[Miss Smith]

I share that understanding. The hon. Gentleman reinforces my point that although other realms will make their provisions in slightly different procedural ways, we certainly expect that to happen and I look forward to them being brought into force.

[Sir Gerald Howarth]

I apologise for persisting in this, but much emphasis has been given throughout the day to the idea that, if we amend this Bill, that might prejudice the agreement that was reached at Perth. Presumably that stricture applies to all the other 15 realms. Does my hon. Friend have any intelligence to share with the House in how others see it? Also, if any of those 15 realms were to amend their legislation, would that affect us?

[Miss Smith]

As I said, I think it is best to acknowledge the challenges in that co-ordination process, and my hon. Friend makes clear some of the complexity involved. As I said, we are working with those realms to ensure smooth application of the legislation, and I look forward to keeping the House updated.

Question put and agreed to.

Clause 5 accordingly ordered to stand part of the Bill.

Schedule

Consequential amendments

Question proposed, That the schedule be the schedule to the Bill.