Succession to the Crown Bill

Jacob Rees-Mogg Excerpts

Tuesday 22nd January 2013 Commons Chamber

[The Deputy Prime Minister]

That, of course, is a matter for the monarch. It is a power of the monarch’s that has not been brought into that much dispute for a prolonged period. We had a choice: we could either remove it altogether or trim it radically to the six individuals in the immediate line of succession.

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

Will the Deputy Prime Minister give way?

[The Deputy Prime Minister]

I would like to make progress, but of course I will give way to the hon. Gentleman.

[Jacob Rees-Mogg]

I wonder whether the Deputy Prime Minister is aware that the six people are being brought back into the provisions of the Royal Marriages Act. The exemption in the Act states:

“other than the issue of princesses who have married, or may hereafter marry, into foreign families”.

The marriage of Louisa, daughter of George II, from whom Princess Alexandra was directly descended, excludes the Prince of Wales, all his children and all their future children from the provisions of the Royal Marriages Act. Bringing the six people in will, in a novel way, include them in the provisions of an outdated Act.

[The Deputy Prime Minister]

As a proficient historian, the hon. Gentleman will know that the original Act was passed because of George III’s urgent wish to control the marriage of some of his own children. That set a precedent which has remained on the statute book for a long period. We are retaining the right of the monarch to confer that permission, but only to those in the immediate line of succession; the hon. Gentleman is right to say that this is different from what preceded it. Having been in consultation with the royal household over a prolonged period, we feel that that strikes the right balance.

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[Mr Andrew Turner (Isle of Wight) (Con)]

rose—

[Jacob Rees-Mogg]

rose—

[The Deputy Prime Minister]

I have taken many interventions and will continue to do so, but I would like to make a little progress.

The Bill builds on the endeavours of the previous Government, who helped to lay the foundations for reform with the Commonwealth realms—

[Jacob Rees-Mogg]

Will the Deputy Prime Minister give way?

[The Deputy Prime Minister]

I really would like to make progress on this point. [Hon. Members: “Give way!”] I give way.

[Jacob Rees-Mogg]

This is crucial, because what the Deputy Prime Minister says now could be taken in the law courts as giving interpretation to the law. Has he said that under the provisions of this Bill, the Duchy of Lancaster would be separated from the Crown for the first time since the reign of Henry IV?

[The Deputy Prime Minister]

No, I did not say that. I said that this Bill deals only with succession to the Crown and that succession to all other titles can be dealt with separately. For clarity’s purpose, my hon. Friend will remember that the Sovereign Grant Act—

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[Jacob Rees-Mogg]

I refer the Deputy Prime Minister to canon 1125 of the Catholic Church, which states clearly that a party to a mixed marriage must make his or her best efforts to bring up the children in the Catholic faith. Of course, some Catholics fail, but that does not mean that there is not a rule of the Catholic Church—there is.

[The Deputy Prime Minister]

If I understand it correctly, the precise wording—the hon. Gentleman may be able to correct me—is “best endeavours”. Equally, however, the Catholic Church has been clear that Bishops are free to decide, which they do on an ongoing basis, to allow a married couple—one a Catholic and the other of another faith—to bring up their children in a faith other than the Catholic faith.

[Jacob Rees-Mogg]

The Deputy Prime Minister is absolutely right. Canon 1124 allows for the Bishop to give permission for a mixed marriage, subject to canon 1125, which is the requirement for best efforts to be made to bring the children up as Catholic. Of course, it is open to the Government to ask the Papacy, via the Papal Nuncio, for a papal indult to get around that for royal marriages. I wonder whether that has been done.

[The Deputy Prime Minister]

It might be worth reading out the words of the Archbishop of Westminster, who said when it was announced that we would proceed with this Bill:

“I welcome the decision of Her Majesty's Government to give heirs to the throne the freedom to marry a Catholic”.

He also said, crucially, that

“I fully recognise the importance of the position of the Established Church in protecting and fostering the role of faith in our society today.”

I do not think that anyone has sought, in any such pronouncements, to highlight the risks that the hon. Gentleman has highlighted today.

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[Jacob Rees-Mogg]

It occurs to me that Elizabeth I got extraordinarily angry when the Commons dared to discuss the succession and, indeed, imprisoned Members of Parliament for doing so. I therefore wonder whether my hon. Friend might not admire her quite so much in that respect.

[Jessica Lee]

I am grateful to my hon. Friend, who, I am sure, agrees that there is a fine history in this country of monarchs hiding their feelings. Whatever historians may report in future, the private thoughts of the current Queen Elizabeth remain private.

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[Dr Coffey]

Indeed, but it still decided to do so.

Of course I will not oppose the Bill, and I welcome large parts of it, but the point that I am trying to make is that we should not pretend that it is some great second Catholic emancipation that will remove any particular discrimination.

The question was raised today about what would happen if a future sovereign chose to marry outside the Church of England, of if they chose to marry somebody of the same sex under other legislation that the Deputy Prime Minister and the Cabinet Office are taking through the House. That marriage ceremony would not be recognised by the Church of England under the proposed laws, so what would it mean for their being the Supreme Governor of the Church of England in future?

I do not wish to get into personal things, but it is not a state secret that the Deputy Prime Minister has married a Catholic and his children are being brought up in the Catholic faith. That matter is taken seriously in various parts of canon law, and although, as I said, I do not pretend to be a canon lawyer, I wish to make various points about that. Back in 1970, in the motu proprio on mixed marriage, the Church acted to remove automatic excommunication as long as people tried to ensure that their children would be brought up Catholic. I am sure my hon. Friend the Member for North East Somerset (Jacob Rees-Mogg) will be relieved to know that in the same motu proprio, the penalty for parents who sent their children to non-Catholic schools was removed. Although his alma mater produced a martyr in the Reformation, one cannot say that that school is a Catholic one. I am sure he is about to intervene on me.

[Jacob Rees-Mogg]

I think Henry VI would disagree with my hon. Friend on that.

[Dr Coffey]

I am sure that the bishop who confers confirmation on the majority of pupils in Eton college is not the Archbishop of Westminster.

My right hon. Friend the Deputy Prime Minister referred to certain royals who had married Catholics. Again, I do not want to get too personal, but one of his examples was a marriage that was dissolved and then annulled a year later; within a month, the same people had married, but the Pope had refused dispensation for marriage in a Catholic church on the grounds that the person who could have been heir to the throne had written explicitly that his children could not be brought up in the Roman Catholic Church but would be brought up in the Church of England. As we know, centuries of back and forth between the Church of Rome and the monarch of England meant that five years later, Pope John Paul II allowed that situation to be validated, which I am sure was welcome.

Such things happen the other way. My grandfather in Godmanchester was brought up as a Salvationist but became a Catholic to marry my grandmother in Dublin. I appreciate that sometimes the Church of Rome can be demanding the other way in wanting to encourage marriages of similar faiths. However, I diverge. My point is that it is important that the Government realise how, in matters of faith, making bland statements about people in church marrying those of a different religion could automatically dismiss the important religious views of the spouse to be. When one of the people due to be heir to the throne married a Catholic, that Catholic converted to the Church of England—out of love, I am sure, for her future husband—but we should not take such issues lightly. This provision is a welcome step, but we should acknowledge that although it removes one element of discrimination, it will entrench others until we have a fresh Act of Parliament.

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[Mr Wallace]

I am grateful to the hon. Gentleman for making that point. However, Henry IV’s first act on the throne was to pass the charter of duchy liberties, in which he asserted that the duchy was his possession, separate from those of the sovereign and the Crown. That was confirmed by Henry VII in 1485, and for the benefit of officials and Whitehall it is important to note that there has since been no fresh settlement. Perhaps the clarity we are looking for is found way back in 1485.

This is why clarity is important. The Bill, with which I agree, could create an eldest daughter as sovereign, who will take precedent over a younger son. Perhaps that is where the problem lies. If a monarch has two children, the eldest a daughter and the youngest a son, the Bill empowers the eldest to become the next sovereign. It makes no mention of the Duchy of Lancaster or the title of Duke of Lancaster, separate from the Crown, and nor does it mention what will happen to the assets. Without clarity, the Bill might mean that we have today stripped Her Majesty the Queen of £300 million-worth of assets from her inventory.

I do not believe that that is what is intended, but clarity is needed. It is easy to ensure that the income is diverted to the sovereign. It is highly likely that existing statute provides that income from the Duchies of Lancaster and of Cornwall will continue, but the question of ownership and the title requires clarity.

[Jacob Rees-Mogg]

Having considered the Duchy of Lancaster, will my hon. Friend consider the Duchy of Normandy, and whether the Queen’s possessions as Duke of Normandy might divert to a younger male child when the Crown went to an elder female one?

[Mr Wallace]

I am not an expert on the other duchies in this land, but my hon. Friend proves the point that interfering with succession and fiddling with titles is easier said than done, especially when the titles are so old that they date back to some of the first interferences in succession and the Crown. When the title is linked so much to assets, the House is owed a clear explanation.

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[Wayne David]

Just for the record, will the hon. Gentleman confirm that, although he was correct to say that the Labour Government under Blair shied away from these changes, the Labour Government under Brown embraced them?

[Jacob Rees-Mogg]

Under who?

[Richard Drax]

As my hon. Friend rather amusingly says, “Under who?” Indeed, I do not think we have seen the right hon. Member for Kirkcaldy and Cowdenbeath (Mr Brown) for some time.

To sum up, as a Member of Parliament—

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

The problem with this Bill is in the detail—it has not been properly and carefully considered or well thought through. It is, therefore, full of problems.

We have heard from my hon. Friend the Member for Wyre and Preston North (Mr Wallace) about the issues concerning the Duchy of Lancaster, which seemed to take Ministers completely by surprise, as if they had given not a moment’s thought to an ancient title that is with the Crown, but not the Crown. That leads on, as I intervened on him to say, to the question of the Dukedom of Normandy, under which the Crown holds the Channel Islands. Have the Channel Islands been involved in these discussions? They are not mentioned in the list of realms otherwise. Have they brought forward proposals to change their feudal overlord—the role that the Duke of Normandy plays—in the Channel Islands? Will the Dukedom of Normandy be subject to clause 1 of the Bill? The same issue applies to the Duchy of Lancaster.

There is widespread agreement that the Crown should be able to pass through the male and the female lines. It is accepted by many people that—by the virtue of a succession of Acts of Parliament, actually—we have had the good fortune to have a most remarkable selection of Queens as our sovereign. However, it is also worth bearing in mind—there is only a tiny little note on page 5 of the Library research paper to contradict this—that there is, in the ordinary commonlaw of England, no primogeniture among women. There is a note from a legal textbook which claims that the Crown is different, but I want to know whether that is actually true, because when we look at the succession of female sovereigns, we see that almost all have succeeded by Act of Parliament. Mary I took precedence over Elizabeth I by virtue of Henry VIII’s Third Succession Act of 1543. The Bill of Rights gave Queen Mary precedence over Queen Anne. The Act of Settlement gave the Electress Sophia precedence over her elder sister, Louise, who, in spite of being alive at the time, was ignored altogether in the succession. Victoria was the only claimant. The succession of our own Queen is the only instance in which there has been female primogeniture. At every other time, the succession has been established by law. I do not understand why the Bill does not clarify that point.

[Wayne David]

My understanding is that there was no legal basis for the present Queen to become Queen. There was an argument that she and her sister should hold the throne jointly, and it was only as a result of a Privy Council decision that common sense dictated that the senior of the two sisters should become the monarch.

[Jacob Rees-Mogg]

The hon. Gentleman makes that point extraordinarily well. This is the time, while we are legislating on the issue, to clarify the order of precedence among sisters. Otherwise, there is a risk that clause 1 will simply provide that the children of the Duke and Duchess of Cambridge would be co-heirs to the Crown. The question whether Princess Margaret could have claimed the throne in 1952 is an interesting one. Surely the best time to settle this once and for all is while we are legislating on the matter. We should make it clear that, at least as far as succession to the Crown is concerned, female primogeniture has the same effect as male primogeniture, and that the co-heiress problem that exists in peerages will not apply.

I think it was Baron Grey of Codnor whose title was in abeyance from the late 15th century until the late 1980s. That is an example of how having co-heiresses in common can lead to an extensive abeyance. Why is that detail ignored in the Bill? It seems to me that the main reasons are the rush to pass the legislation and the failure properly to consider the ramifications of what is being done. That also applies to how dukedoms will pass. Will they pass as ordinary titles, or are they to be deemed to be within the Crown? If they are deemed to be within the Crown, why is that not in the Bill?

I have already discussed my concerns about clause 2 in relation to Catholics. It is unreasonable of an Act of Parliament to allow a Catholic to do one thing then deny that Catholic the ability to carry out the requirements of his faith. That is an illogical position to take, and it will bring out all the anti-Catholic terminology of the Act of Settlement and the Bill of Rights. Many Catholics can live comfortably with that terminology as part of our historical tradition, lost in the mists of time, but when it is brought firmly to our attention this week, it is a matter of the deepest concern. As other hon. Members have said, if a reform is to be made, it should be a thorough-going reform.

[Chris Bryant]

Is it not one of the ironies that clause 2 states that no one should be disqualified from succeeding to the throne through being married to a Catholic, yet clause 3 allows the monarch to exclude someone by refusing to consent to their marriage, potentially to a Roman Catholic?

[Jacob Rees-Mogg]

The hon. Gentleman is making a similar point to mine, which is that there has been a failure to consider the detail of the Bill. Trying to add two further clauses to the major provision that everyone was interested in has created confusion.

[Sir Alan Beith]

Is it not unreasonable, however, to ask a Roman Catholic to become the Supreme Governor of the Church of England—the hon. Gentleman obviously recognises that, given his suggestion of a regency—or to conform to the Presbyterian Church when in Scotland?

[Jacob Rees-Mogg]

I agree with my right hon. Friend. It would be perfectly reasonable to leave the law of the land as it is, or to make provision for a regency, which would address the problem. Under the Regency Act 1937, the regent would be required to be a Protestant and would therefore be able to carry out the functions of Supreme Governor of the Church of England for a period when the Crown was being held by a Catholic.

Again, however, there are issues with the detail. I raised with the Minister the issue of Counsellors of State. Who is eligible to be a Counsellor of State is set out in the Regency Act 1937. It is usually the closest members of the sovereign’s family, including people who are not of the blood royal, so this includes the late Queen Elizabeth, the Queen mother and the Duke of Edinburgh: they both were or are eligible to be Counsellors of State. Once a Catholic is allowed to marry an heir to the throne, it is perfectly possible for the two Counsellors of State—they always act in pairs—to be Catholics. During a brief incapacity of the Crown or during the Crown’s absence abroad, appointments in the Church of England would have to be made by Roman Catholics, which is a felony under the Catholic Emancipation Act 1829. It seems to me that Her Majesty’s Government are simply not aware of the detail of our constitutional settlement, and have pushed this clause through without considering the detailed ramifications.

The bit of the Bill for which I have the most sympathy is the clause abolishing the Royal Marriages Act 1772. I intervened earlier to cite a quotation from it that makes it the most nonsensical Act on the statute book since the marriage of Princess Alexandra, as she then was, to the then Prince of Wales. Princess Alexandra and her descendants were exempt under the section I read out earlier to the effect that royal princesses who married foreigners and their heirs were exempted from the Act. The marriage of Princess Louisa, the daughter of George II, exempted her line, and through Princess Alexandra our current Queen and all the members of her family are exempted. This Act of Parliament has only affected people for whom it did not really matter who they married and it has not affected the people for whom it did matter who they married.

It seems slightly eccentric to update this Act in a more aggressive form than the one currently on the statute book. As my hon. Friend the Member for Tamworth (Christopher Pincher) said, the ability to get an exclusion from Parliament at the age of 25 has been removed, so more onerous legislation has resulted, taking people out of the line of succession rather than simply invalidating the marriage. Provisions have been put in place that are harsher than those of an Act that was completely ineffective against those with whom it was supposed to deal.

I am not going to vote against Second Reading. I am not going to try to cause a Division against the serried ranks of the establishment. Her Majesty’s loyal Opposition and Her Majesty’s Government line up their forces to push through a Bill of political correctness—not gone mad, but simply not thought through. I wish that when we considered, debated and changed our constitution, we did it with plenty of time, thoughtfulness and detail.

Pretty much every speech we have heard today has raised an issue that should have been thought about, but has been ignored. Why has it been rushed through? Because it is convenient. Once the two Front-Bench teams are in agreement, the days of the week could be renamed if they felt like doing it. There is nothing so silly as cannot be done by them jointly. That, I am afraid, is what we find with this Bill. Let us hope that when we come to Report—or more likely, perhaps, in the other place—the technicalities and the detail can be gone through, so that we do not find that the Duke of Lancaster ends up being one person and the sovereign another; so that we do not find that the Church of England is accidentally being run for a week by a couple of Papists who happen to be Counsellors of State; so that we do not find that an onerous charge is put on royal marriages so that the royals cannot marry when they want—or, indeed, so that the more junior members of the royal family cannot marry at all because if they are not subject to the Royal Marriages Act 1772, they are excluded from ordinary marriage legislation, so how are they going to get married? I really think that it is time to have a look at the detail.