Succession to the Crown Bill (Allocation of Time)

Jacob Rees-Mogg Excerpts

Tuesday 22nd January 2013 Commons Chamber

[Jacob Rees-Mogg (North East Somerset) (Con)]

I beg to move amendment (a), in paragraph 1(3), after ‘Reading’, insert

‘and on any Instruction to the Committee on the Bill that has been selected by the Speaker, which shall be debated with the Second Reading,’.

[Mr Speaker]

With this it will be convenient to consider amendment (b), leave out paragraph 2(b).

[Jacob Rees-Mogg]

We are discussing what may be the most important constitutional issue to which the House has ever turned its mind, namely, who shall be our sovereign. Who shall be eligible to receive perhaps the greatest office in the world? Who shall be the King or Queen of England?

When the Bill that became the Act of Settlement was debated, it spent six days in Committee. The allocation of time motion allows us two days in which to treat this Bill as if it were anti-terrorism legislation, which seems a particularly inopportune comparison given that it relates to matters that could not be further removed from that type of activity. As far as I am aware, the only constitutional Bill that has been treated to such a small amount of time—or, rather, an even smaller amount—is the Bill that became His Majesty’s Declaration of Abdication Act 1936, which, I believe, completed its passage in the House of Commons in under a minute; but that, too, is not a happy precedent.

[Chris Bryant (Rhondda) (Lab)]

Is not the point that there really was rather an emergency on that occasion? The King had signified his abdication the previous day, and on 12 December the House had to enact, because there was no existing means of enabling the King to abdicate.

[Jacob Rees-Mogg]

For once I am in agreement with the hon. Gentleman. There was a genuine emergency then, but it is hard to see that there is a genuine emergency now. I am a great admirer of the Deputy Prime Minister and Lord President of the Council, because he has managed, in his role and in the coalition, to put into effect what Palmerston promised: that the Government would eventually run out of matters on which to legislate. It is not as if we have an enormously packed legislative programme waiting for this House to turn its mind to and to pass. We spend hours debating the taxation of lorries and other such matters, which get a full day allocated for Second Reading, whereas the succession to the Crown is to be dealt with in a truncated Second Reading debate, a brief Committee stage, and then one day for the remaining stages. That seems to me to be an insult to the nation, to our sovereign and, indeed, to Parliament.

[Ian Paisley (North Antrim) (DUP)]

Is it the hon. Gentleman’s understanding, as it is mine, that significant subsequent legislative changes will be required to no fewer than nine Acts of Parliament—the Bill of Rights, the Act of Settlement, the Union with Scotland Act 1706, the Coronation Oath Act 1688, the Princess Sophia’s Precedence Act 1711, the Royal Marriages Act 1772, the Union with Ireland Act 1800, the Accession Declaration Act 1910 and the Regency Act 1937—and that we require more time to explore the implications and impact of those changes?

[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.

[Sir Alan Beith (Berwick-upon-Tweed) (LD)]

If the House were to require more time, it would be to absorb the shock of the hon. Gentleman turning from so eloquent a proponent of things as they are to someone who wants to remove, at one stroke, the Act of Settlement, the Act of Union and the Glorious Revolution of 1688. What has turned him from a man of conservative instincts to a radical firebrand in such a short time?

--- Later in debate ---

[Jacob Rees-Mogg]

The answer is simple: the amendments being introduced by Her Majesty’s Government. There is no need to change the Act of Settlement and there is no need to make this provision for a Catholic to marry into the Crown, but once we start fiddling, we have to do it properly.

[Chris Bryant]

I rather agree with the hon. Gentleman. Of course it may be that he is a true Tory and he is not happy that some of this legislation was Whig legislation. He referred to some specific words in the Bill of Rights and the Act of Settlement:

“is are or shall be reconciled to or shall hold Communion with the See or Church of Rome”.

If an Anglican marries a Catholic in a Catholic service in a Catholic church, it is difficult to argue that that person is not reconciled to or holding communion with the see or Church of Rome. That is precisely the kind of issue we need to tease out.

[Jacob Rees-Mogg]

Once again, I am in agreement with the hon. Gentleman. That is why it is so important that we should have proper time for this debate and to debate the full ramifications of what the Government are trying to do. The argument that the measure has been agreed by Her Majesty’s other realms is not sufficient. It needs to have been thought through properly in one of her realms first, before we see whether the other realms will accept it. Yes, there might be a child—a happy event for Their Royal Highnesses the Duke and Duchess of Cambridge—and let us hope that that is the case, but there would be no harm in allowing the legislation to be dated from today, even if that birth were to take place. There is no urgency. The succession is apparently very secure: the heir apparent is a youngish man and so is his son.

[Mr Angus Brendan MacNeil (Na h-Eileanan an Iar) (SNP)]

Does the hon. Gentleman agree that that we would surely hope that no other realm would spend any less time discussing the measure than it looks like we will spend on it this afternoon?

[Jacob Rees-Mogg]

Of course, the sovereign is also King or Queen of Scotland, which is a very important title.

I do not wish to detain the House any longer, but I think that this is a matter of fundamental importance. We are changing that part of our constitution that is most precious in a rush, as if it is anti-terrorist legislation, and we are not allowing ourselves proper time to consider all the ramifications of what is entailed by Her Majesty’s Government’s position. I therefore hope that the House will consider accepting my amendment to make some improvement to the Bill, although I fear that it still will not allow sufficient time for all one might wish to discuss.

--- Later in debate ---

[Miss Smith]

Thank you, Mr Speaker. I certainly look forward to far more debate on those matters on Second Reading.

It does not need me to stand here and say that the changes do not affect the established Church because the established Church says that for itself. The Church of England has said:

“The present prohibition…is not necessary to support the requirement that the Sovereign join in communion with the Church of England. Its proposed removal is a welcome symbolic and practical measure consistent with respect for the principle of religious liberty.”

I know that the House will find that welcome.

[Jacob Rees-Mogg]

I think the Church may have missed the fact that Counsellors of State could be Catholic because they tend to have married into the Crown.

[Miss Smith]

I am grateful for that further erudite contribution from my hon. Friend. I suspect that might be a matter in respect of which he would wish to extend the scope of the Bill, and I shall have to return to that point.

--- Later in debate ---

[Mr Deputy Speaker (Mr Lindsay Hoyle)]

I shall now put the question on the amendment.

[Jacob Rees-Mogg]

On a point of order, Mr Deputy Speaker. I was going to ask whether, by leave of the House, I might withdraw the amendment. I have listened carefully to the debate. I am sorry to say that whenever Front Benchers on both sides agree one is likely to lose in a Division, although it usually indicates that the House is going to vote erroneously; there is nothing more dangerous than when Front Benchers on both sides agree.

I apologise, Mr Deputy Speaker, because had we come to my second amendment, you would have been able to put the question, “2(b) or not 2(b)?” Sadly, if I am granted leave to withdraw, you will not be able to put it. I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Question put and agreed to.

Resolved,

That the following provisions shall apply to the proceedings on the Succession to the Crown Bill—

Timetable

1.–(1) Proceedings on Second Reading and in Committee, any proceedings on consideration and proceedings on Third Reading shall be completed in two days in accordance with the following provisions of this Order.

(2) Proceedings on Second Reading and in Committee shall be completed at today’s sitting.

(3) Proceedings on Second Reading shall (so far as not previously concluded) be brought to a conclusion four hours after the commencement of proceedings on this Motion.

(4) Proceedings in Committee shall (so far as not previously concluded) be brought to a conclusion six hours after the commencement of proceedings on this Motion.

(5) Any proceedings on consideration and proceedings on Third Reading shall be completed on the second day.

(6) Any proceedings on consideration shall (so far as not previously concluded) be brought to a conclusion one hour before the moment of interruption on the second day.

(7) Proceedings on Third Reading shall (so far as not previously concluded) be brought to a conclusion at the moment of interruption on the second day.

Timing of proceedings and Questions to be put

2. When the Bill has been read a second time—

(a) it shall, despite Standing Order No. 63 (Committal of Bills not subject to a programme order), stand committed to a Committee of the whole House without any Question being put;

(b) the Speaker shall leave the Chair whether or not notice of an Instruction has been given.

3. On the conclusion of proceedings in Committee, the Chairman shall report the Bill to the House without putting any Question.

4. For the purpose of bringing any proceedings to a conclusion in accordance with paragraph 1, the Chairman or Speaker shall forthwith put the following Questions (but no others) in the same order as they would fall to be put if this Order did not apply— (a) any Question already proposed from the Chair;

(b) any Question necessary to bring to a decision a Question so proposed;

(c) the Question on any amendment moved or Motion made by a Minister of the Crown;

(d) any other Question necessary for the disposal of the business to be concluded.

5. On a Motion so made for a new Clause or a new Schedule, the Chairman or Speaker shall put only the Question that the Clause or Schedule be added to the Bill.

6. If two or more Questions would fall to be put under paragraph 4(c) on successive amendments moved or Motions made by a Minister of the Crown, the Chairman or Speaker shall instead put a single Question in relation to those amendments or Motions.

7. If two or more Questions would fall to be put under paragraph 4(d) in relation to successive provisions of the Bill, the Chairman shall instead put a single Question in relation to those provisions, except that the Question shall be put separately on any Clause of or Schedule to the Bill which a Minister of the Crown has signified an intention to leave out.

Consideration of Lords Amendments

8.–(1) Any Lords Amendments to the Bill may be considered forthwith without any Question being put; and any proceedings interrupted for that purpose shall be suspended accordingly.

(2) Proceedings on consideration of Lords Amendments shall be brought to a conclusion (so far as not previously concluded) one hour after their commencement; and any proceedings suspended under sub-paragraph (1) shall thereupon be resumed.

9.–(1) This paragraph applies for the purpose of bringing any proceedings to a conclusion in accordance with paragraph 8.

(2) The Speaker shall first put forthwith any Question already proposed from the Chair.

(3) If that Question is for the amendment of a Lords Amendment the Speaker shall then put forthwith—

(a) a single Question on any further Amendments to the Lords Amendment moved by a Minister of the Crown, and

(b) the Question on any Motion made by a Minister of the Crown that this House agrees or disagrees to the Lords Amendment or (as the case may be) to the Lords Amendment as amended.

(4) The Speaker shall then put forthwith—

(a) a single Question on any Amendments moved by a Minister of the Crown to a Lords Amendment, and

(b) the Question on any Motion made by a Minister of the Crown that this House agrees or disagrees to the Lords Amendment or (as the case may be) to the Lords Amendment as amended.

(5) The Speaker shall then put forthwith the Question on any Motion made by a Minister of the Crown that this House disagrees to a Lords Amendment.

(6) The Speaker shall then put forthwith the Question that this House agrees to all the remaining Lords Amendments.

(7) As soon as the House has—

(a) agreed or disagreed to a Lords Amendment; or

(b) disposed of an Amendment relevant to a Lords Amendment which has been disagreed to, the Speaker shall put forthwith a single Question on any Amendments that are moved by a Minister of the Crown and are relevant to the Lords Amendment.

Subsequent stages

10.–(1) Any further Message from the Lords on the Bill may be considered forthwith without any Question being put; and any proceedings interrupted for that purpose shall be suspended accordingly.

(2) Proceedings on any further Message from the Lords shall (so far as not previously concluded) be brought to a conclusion one hour after their commencement; and any proceedings suspended under sub-paragraph (1) shall thereupon be resumed.

11.–(1) This paragraph applies for the purpose of bringing any proceedings to a conclusion in accordance with paragraph 10.

(2) The Speaker shall first put forthwith any Question which has been proposed from the Chair.

(3) The Speaker shall then put forthwith the Question on any Motion made by a Minister of the Crown which is related to the Question already proposed from the Chair.

(4) The Speaker shall then put forthwith the Question on any Motion made by a Minister of the Crown on or relevant to any of the remaining items in the Lords Message.

(5) The Speaker shall then put forthwith the Question that this House agrees with the Lords in all the remaining Lords Proposals.

Reasons Committee

12.–(1) The Speaker shall put forthwith the Question on any Motion made by a Minister of the Crown for the appointment, nomination and quorum of a Committee to draw up Reasons and the appointment of its Chair.

(2) A Committee appointed to draw up Reasons shall report before the conclusion of the sitting at which it is appointed.

(3) Proceedings in the Committee shall (so far as not previously concluded) be brought to a conclusion 30 minutes after their commencement.

(4) For the purpose of bringing any proceedings to a conclusion in accordance with sub-paragraph (3), the Chair shall—

(a) first put forthwith any Question which has been proposed from the Chair, and

(b) then put forthwith successively Questions on motions which may be made by a Minister of the Crown for assigning a Reason for disagreeing with the Lords in any of their Amendments.

(5) The proceedings of the Committee shall be reported without any further Question being put.

Miscellaneous

13. Paragraph (1) of Standing Order No. 15 (Exempted business) shall apply so far as necessary for the purposes of this Order.

14.–(1) The proceedings on any Motion made by a Minister of the Crown for varying or supplementing the provisions of this Order shall (so far as not previously concluded) be brought to a conclusion one hour after their commencement.

(2) Paragraph (1) of Standing Order No. 15 (Exempted business) shall apply to those proceedings.

15. Standing Order No. 82 (Business Committee) shall not apply in relation to any proceedings to which this Order applies.

16.–(1) No Motion shall be made, except by a Minister of the Crown, to alter the order in which any proceedings on the Bill are taken or to recommit the Bill.

(2) The Question on any such Motion shall be put forthwith.

17.–(1) No dilatory Motion shall be made in relation to proceedings to which this Order applies except by a Minister of the Crown.

(2) The Question on any such Motion shall be put forthwith.

18. The Speaker may not arrange for a debate to be held in accordance with Standing Order No. 24 (Emergency debates) on a day on which the Bill has been set down to be taken as an Order of the Day before the conclusion of any proceedings to which this Order applies.

19.–(1) This paragraph applies if the House is adjourned, or the sitting is suspended, before the conclusion of any proceedings to which this Order applies.

(2) No notice shall be required of a Motion made at the next sitting by a Minister of the Crown for varying or supplementing the provisions of this Order.

20. Proceedings to which this Order applies shall not be interrupted under any Standing Order relating to the sittings of the House.

21.–(1) Any private business which has been set down for consideration at 7.00 pm, 4.00 pm or 2.00 pm (as the case may be) on a day on which the Bill has been set down to be taken as an Order of the Day shall, instead of being considered as provided by Standing Orders, be considered at the conclusion of the proceedings on the Bill on that day.

(2) Standing Order No. 15(1) (Exempted business) shall apply to the private business for a period of three hours from the conclusion of the proceedings on the Bill or, if those proceedings are concluded before the moment of interruption, for a period equal to the time elapsing between 7.00 pm, 4.00 pm or 2.00 pm (as the case may be) and the conclusion of those proceedings.