Succession to the Crown Bill

Lord Beith Excerpts

Monday 28th January 2013 Commons Chamber

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

May I ask the hon. Gentleman about what seems to be at least a technical defect in the new clause? If the sovereign decides not to declare to the Privy Council that he or she is a Catholic, the procedure for ensuring that there is a Protestant supreme governor of the Church of England is not activated or brought into force.

[Jacob Rees-Mogg]

That is a fantastically late 17th century point. The language of coronation oaths of the late 17th century shows that people are obsessed by Jesuit dissemblers and believe that a sovereign who wants to get around the oath will come to the throne—he could have his fingers crossed behind his back or, even worse, a dispensation from the Pope saying that he is allowed to say that he is a good, honest Protestant when he is not. A sovereign is not likely to behave in that type of Jesuitical dissembling way. Our sovereigns tend to be good, upright and honest sovereigns rather than sovereigns who deceive us as to their religion. That is likely to remain the case.

I have dealt with new clause 1, and should like briefly to deal with amendments 1 and 2, which I tabled. The amendments are in honour of Henry IV of Navarre—not our Henry IV but the French Henry IV. He is supposed to have said—historians argue over this, as they argue over anything—that Paris is worth a mass. On Second Reading, my right hon. Friend the Member for Berwick-upon-Tweed (Sir Alan Beith), and the hon. Members for Rhondda (Chris Bryant) and for Cardiff West (Kevin Brennan), among others, discussed when somebody was deemed to be in communion with Rome for the purposes of the Act of Settlement and whether somebody would be excluded if they said, on becoming sovereign, “No, I’m not a Catholic,” when they had been christened or taken first communion as a Catholic.

Amendment 1 would make it clear that such a person would not be excluded at that point. It is separate from new clause 1 and has a different effect, but the clarification depends on allowing marriage to a Catholic. That is to say, as I said last week, that the canon law of the Catholic Church requires a party to a mixed marriage to use his or her best efforts to bring up a child of that marriage in the Catholic religion. If a party to a mixed marriage with an heir to the throne followed his or her Catholic requirement, the child would be excluded under a straight reading of the Act of Settlement, which I do not think is the intention of the Bill.

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[Jacob Rees-Mogg]

That is perfectly possible, but at what point would we know that that was the case? It seems to me that it is very important that we know who our sovereign is. We do not want to go through the courts to try to establish whether the child was brought up as a Catholic and was therefore in communion with Rome and excluded under the provisions of the Act of Settlement.

My amendments do not seek to change the requirement for the sovereign to be in communion with the Church of England. They are separate from the new clause, but simply state that a child brought up as a Catholic would not be deemed

“for ever incapable of succeeding to the Crown”,

which is the language used in the Act of Settlement about Catholics succeeding to the Crown. The question of eligibility could be clarified at the point of succession.

[Sir Alan Beith]

Does not the hon. Gentleman’s amendment address a situation that has arisen in other Protestant monarchies of northern Europe in which someone who had been brought up a Catholic decided to convert to being a Protestant when joining the royal family? Does it not look as if the wording of the Act of Settlement makes a once-and-for-all decision as soon as any kind of commitment is registered and should we not be clear that someone is free to make a choice at a later stage in their life?

[Jacob Rees-Mogg]

I am in complete agreement with my right hon. Friend. The Act of Settlement deems somebody who has been a Catholic for a minute to be dead in terms of the succession, and it passes over them as if they were dead. Once we allow the marriage of a Catholic into the line of succession to the throne, that provision makes absolutely no sense. We could be arguing that at the point of a Catholic baptism, the child was a Catholic even though it had given no personal agreement to its religion and should be disbarred from the throne.

[Jacob Rees-Mogg]

The hon. Gentleman is right that a child who decided to be confirmed as a Catholic would be excluded, but it is perfectly possible, not least because our Churches are coming closer together, for somebody to be confirmed a Catholic at the age of 12 or 13 but to decide on finding at the age of 23 that the throne was about to be offered to him that he might prefer to be an Anglican. We need to be clear about when people are excluded, so that if an heir to the throne decided that the religious bar meant that becoming King of England was worth changing religion for, the result would be clear and decisive. We do not want the monarchy to pass from one generation to the next only for us to have to go to court to work out who our sovereign will be based on the wording of a 1701 Act of Parliament.

[Sir Alan Beith]

The hon. Gentleman posits a situation in which someone gives up his Catholic faith for the Crown, but he must surely be aware that in mixed marriages it is not at all uncommon for children to experience aspects of both denominations and, at some point in their life, to make a choice that might debar them from the throne.

[Jacob Rees-Mogg]

Once again, I am in entire agreement with my right hon. Friend. It is important that the decision is made at the point of succession so that that flexibility is allowed. In ordinary family life in some mixed marriages, couples go to an Anglican service one week and a Catholic service the next.

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[Sir Alan Beith]

I am surprised that the hon. Gentleman suggests that the Queen has no relationship with the Church of Scotland, when in fact she appoints the Lord High Commissioner to the General Assembly, and it is the Church that she has consistently and regularly attended in Scotland throughout her life.

[Mr Leigh]

If I made a bad or weak point, I willingly withdraw it and accept my right hon. Friend’s superior knowledge.

Amendment 1 makes an important point. It is almost as important as the one that my hon. Friend the Member for North East Somerset made. If the legislation stays as it is, we will return to the world of the Act of Settlement, in which people were incredibly suspicious of some kind of papist plot. If someone had been tarnished in any way at any time in their life with Catholicism, they were excluded from the throne. As it happens, my eldest son is 640th in line to the throne, because he is descended from the Electress Sophia through his mother. He is not excluded from the throne as he was baptised as Russian Orthodox, although he has been raised a Catholic. So in our family we have found a way around the bar, but if the Bill stays as it is, we will return to a ridiculous, bizarre and absurd situation in which someone must never, at any point in their life, have taken communion in a Catholic church. As my hon. Friend pointed out, there are many mixed marriages and we go to each other’s churches regularly. Even those who oppose new clause 1 must accept that the logical and right thing to do is for the person to be able to make an election at the time they become Head of State.

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[Paul Flynn]

I am delighted to support new clause 1 —it is a minute improvement to the Bill—and I hope that the hon. Gentleman will press it to a Division, so that we can support his cause and stand up for a minor improvement to end the grotesque religious intolerance in the Act of Settlement.

[Sir Alan Beith]

I wish to speak to amendments 1 and 2, which raise an important point.

It was a bit much for the hon. Member for Newport West (Paul Flynn) to lambast the Government for introducing a Bill that removes gender discrimination in the royal family—something that the last Labour Government said they wanted to do but never got around to completing—and deals with the Royal Marriages Act 1772 and the limitation on sovereigns being married to a Roman Catholic. Were the Bill to cover the much wider issues of disestablishment or of whether the sovereign should no longer hold the position they currently hold in the Church of England, it would be a different Bill and a much wider consultation would have taken place.

The intention of the Bill might be frustrated, however, if the hon. Member for North East Somerset (Jacob Rees-Mogg) is right, because the wording of the Act of Settlement about who is a Catholic is very detailed and picks up on almost any evidence of any connection with the Catholic Church at any time in the person’s life. As we discussed earlier, it is highly likely that the child of a mixed marriage will have experienced both denominations —and perhaps the Church of Scotland as well. Many parents offer their children the opportunity to see what different Churches have to offer.

[Bob Stewart]

As I understand it, Her Majesty the Queen has attended a Roman Catholic service at some stage in her life. Does that taint her under the old rules?

[Sir Alan Beith]

It depends whether one thinks that Her Majesty was reconciled to Rome by that action, which did not involve being in communion with the Church of Rome—something from which the Church of Rome would exclude Her Majesty in any event—so it is only on the first of those two possibilities that what my hon. Friend describes might be so regarded. I do not regard it as such, because “reconciled” in that legislation meant accepting the authority of the papacy over the Church in England. That was what the argument was really about. Members of all Churches are very much reconciled to each other these days, because they realise that they share a common faith that is more important than their points of difference.

[Mr Leigh]

To reply to my hon. Friend the Member for Beckenham (Bob Stewart) through my right hon. Friend, the Queen has attended vespers at Westminster cathedral, but in her entire reign she has been very careful never to attend a Catholic mass. Dare I say that I think that in this day and age that sort of care is not necessary?

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[Sir Alan Beith]

Perhaps we should not get into a discussion about precisely how the Queen has dealt with these matters. From my standpoint, I see her as someone who has used her position in the Church of England in a way that is generally beneficial to society, by setting out the importance of spiritual things and laying emphasis—as she did in her most recent Christmas broadcast—on some of the moral and ethical conclusions that one might draw from these things. That is something of a satisfaction to non-conformists, Roman Catholics and members of the Church of Scotland, with which she has a continuing relationship—it is her Church in Scotland. In all those respects she has been exemplary in the way she has used those positions.

However, I turn to amendments 1 and 2, because—

[Michael Ellis]

Will my right hon. Friend give way?

[Sir Alan Beith]

I want to get on to amendments 1 and 2, because I am anxious that we get this right and I am interested in what the Government have to say about them.

It seems to me that the wording in the Act of Settlement might well preclude someone who, let us say, as a teenager or young adult chooses to be in the Church of England rather than the Catholic Church, having had experience of both in their lives. They could be automatically excluded by those features of their early involvement with the Roman Catholic Church that fell within the extended definition in the Act of Settlement of what constitutes having been a Catholic. Unless we deal with that, our legislation will be defective and will fail to fulfil its intended purpose, because at some future date it might exclude someone from being the sovereign even though they were in communion with the Church of England and wanted to uphold the Protestant reformed religion, as the coronation oath requires.

[Mark Durkan (Foyle) (SDLP)]

I have attached my name to amendments 1 and 2, but not to new clause 1. That is not because I particularly disagree with the point that the hon. Member for North East Somerset (Jacob Rees-Mogg) is trying to make in new clause 1, but in many ways because I am sensitive about such issues, as someone who is not a British national, but a citizen of the Irish Republic—that is the passport I carry; therefore I see myself as a citizen of a nation that does indeed have an elected Head of State.

I come to this House not to disrespect any of the institutions that are cherished by other Members and that are part of the British constitutional settlement. Where I can, I will support moves to remove and relieve aspects of discrimination wherever we find them. I said last week that this Bill does two valuable things in that it removes a layer of gender discrimination in the succession to the Crown and it lifts one layer of religious discrimination —the bar on a Catholic marrying the heir to the throne. However, as we heard in last week’s debate, those proposals in themselves leave many questions. As we heard, for some of us, one question concerns the remaining areas of discrimination, whereby anybody who at any stage in their lives had either been a Catholic or been deemed to be a Catholic would be barred from being an heir to the throne. In effect, it is the McCarthyite question: “Are you now or have you ever been a Catholic?” For anybody who has ever been a Catholic in any shape or form, that is it—they are out; they count as dead for these purposes. Clearly that is wrong and anomalous. I do not believe that, in passing this Bill, the House should choose to say, “Well, we still want to keep that—it’s about right that we keep it.”

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[Miss Smith]

I deeply respect my right hon. Friend’s intervention and, indeed, his contributions to the debates on this topic. Many aspects of the law relevant to this area are not changed by the Bill, however, and I would like to answer my right hon. Friend’s intervention by saying that, to the extent that there are difficulties, they already exist. I stated clearly last week that key elements of the Act of Settlement and the Bill of Rights stay standing, and I reiterate that today. I do not see this Bill as creating further constitutional crises than could be wrought out of the existing law.

For the record, before moving on to my second argument about the two amendments, let me state again that the Government are absolutely committed to the Church of England as the established Church, with the sovereign as its Supreme Governor. We consider that the relationship between Church and state in England is an important part of the constitutional framework. It has evolved over centuries and the Government have no intention of legislating to disestablish the Church of England. It is important to state that. The Government’s view is that allowing a person of the Roman Catholic faith to accede to the throne would clearly be incompatible with the requirement for the sovereign to be in communion with the Church of England.

Let me move on to my second argument and address the substance of the two amendments. I suggest that, if they were made, they would add greater uncertainty to the line of succession. For example, let us consider someone who is brought up as the heir to the throne and is clearly in preparation for that vocation over their lifetime. In the Government’s view, it would make that person’s position, and the position of their immediate family, very difficult, if they could be superseded at any stage by someone who converted from Roman Catholicism to the Protestant faith. By extension, that could also raise the prospect of the reigning monarch being subsequently supplanted by someone who was theoretically higher in the line of succession on that latter person’s converting from Catholicism and joining in communion with the Church of England.

I see that as a major technical problem with the two amendments. I view it as adding uncertainty and I could envisage it leading, in the words of many who have contributed to the debate, to a “constitutional crisis” which I do not see the core Bill providing for.

[Sir Alan Beith]

I understand the Minister’s argument, but it does not address the fact that, throughout the discussion, it has been clear that we are talking about children who are going to be brought up in mixed marriages. It is likely that, in those circumstances, before the child is of the age to decide whether they want to succeed to the throne, they will have experienced both Churches and could make a perfectly free choice—unconnected with the throne—for one or the other. That choice would determine their eligibility long before they were 18 or 19.