Succession to the Crown Bill

Lord Cormack Excerpts

Thursday 28th February 2013 Lords Chamber

Moved by

[Lord Cormack]

4: Clause 2, page 1, line 7, at end insert “provided that agreement has been reached with the Vatican that any children of the union can be brought up as Anglicans”

[Lord Cormack]

My Lords, with Clause 2 we come to the kernel of the Bill. As your Lordships will know, that clause at the moment reads:

“A person is not disqualified from succeeding to the Crown or from possessing it as a result of marrying a person of the Roman Catholic faith”.

It is a simple, unambiguous statement, but it leaves a lot of questions unanswered. These are questions of profound significance to our constitution. Therefore, I am going to suggest that we add the amendment that I have tabled, which continues that clause by saying,

“provided that agreement has been reached with the Vatican that any children of the union can be brought up as Anglicans”.

We have talked recently about clarity; my noble friend Lord True talked about it in his amendment. We have also talked about certainty. Like my noble friend Lord True, I was prevented from taking part in the Second Reading debate. I was sorry that I could not listen to much of the debate, but I was utterly committed to an event that took me away for some two or three hours—otherwise, I would have tried to air this subject then. That is why I put down an amendment which I hope is helpful to your Lordships’ House and will improve the Bill.

We have in England an established church, of which the Queen is the Supreme Governor. That is a fact and it is a constitutional fact of profound significance. I do not in any way wish to discriminate against any person of any faith, but our constitution rests on the fact that the monarch is the Supreme Governor of the established church. We have an established church; we have bishops who sit in this House and I am delighted to see the right reverend Prelate the Bishop of Derby here this afternoon. I hope that he will be able to contribute to this debate. We have an established church, which means that every man, woman and child in England has the right to the services of that church. Every one of us in England lives in a diocese; every one of us lives in a parish and every one of us is entitled to the services of the parish priest, the diocesan bishop and to the other appointed dignitaries. Every week, those of us who are practising Anglicans pray for the Queen as our Supreme Governor.

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[Lord Wallace of Tankerness]

My Lords, it was both. It was to allow someone in the line of succession to the Throne to marry a Catholic and to remove that discrimination. I know that the noble Lord’s subsequent question would be, “Why don’t you remove the ultimate discrimination?”. However, as he acknowledged, from his own efforts to do something, this is a much more complex issue. He says that he does not wish to disestablish the Church of England. Many would argue that if we went down that road, it possibly would lead to the disestablishment of the Church of England. There is a proper debate to be had there, but this emphasises that that is not the purpose of this Bill. However, where an opportunity has arisen to remove at least one area of discrimination, it has properly been seized.

My noble friend Lord Deben made the point that, if this genuinely is an issue, it already exists in another context. My noble friend Lady Falkner of Margravine raised the point at Second Reading which my noble friend Lord Deben made about Islam. My noble friend Lady Falkner asked whether the perceived,

“constraints on the children of Catholics being bought up—and the Catholic Church’s perspective on that—would be different if the monarch was married to a Muslim, as is currently permissible? Muslim children are, likewise, expected to be brought up in mixed marriages as Muslims. So the anomaly exists in the case of other faiths, but perhaps not in the case of Catholics”.—[Official Report, 14/2/13; col. 805.]

That was the point that my noble friend was making. Therefore, the amendment of my noble friend Lord Cormack seeks to address one problem but does not extend to include every faith that currently exists. It is certainly not the Government’s plan that we should do so.

We will obviously return to this issue of establishment and whether the sovereign could be a Catholic in some of the later amendments. However, I readily appreciate the very human concerns. When you are dealing with affairs of state and issues of the constitution, you must remember that you are also talking about two people who want to get married. That is why it is appropriate that there is a pastoral dimension to this and that it is done at a pastoral level. I hope that, with these reassurances, my noble friend will withdraw his amendment.

[Lord Cormack]

My Lords, I am grateful to my noble and learned friend the Minister for his response, but not entirely convinced. We have had an interesting short debate. Some of the language used by my noble friend Lord Deben was reminiscent of the 18th century pamphlet at its best. He could be a little more careful about his use of the words “insulting” and “preposterous” merely because he does not happen to agree with the arguments advanced.

The fact is that many people in this country are concerned. Parliament has a duty to address this issue. Mentioning a foreign power in legislation is by no means unprecedented. However, I take the point of my noble friend Lord Fellowes; indeed, I made it obliquely myself in my introductory remarks when I said that I was not wedded to the words of the amendment. I wanted to have a debate on the subject. This we have had. I would be glad to talk to my noble friend Lord Fellowes and others before deciding whether to pursue this, which I may well do on Report. The issue deserves mature and thoughtful debate. It is of importance for we do not know how long. There may be no problem in the next century; there may be one within a very few years. One just does not know. However, when we are legislating in good faith for a long time—in spite of the fact that no Parliament can bind its successors; we can repeal whatever we like tomorrow—we have to do our best to make it as clear, precise and right as we possibly can. This is why my noble friend Lord True was wise to introduce his debate. We need to try to anticipate the sort of problems that may exist, if only to answer them and have them answered by Ministers and others before we move on to see the Bill on the statute book, which it assuredly will be before too much longer.

While expressing the hope of discussions with my noble and learned friend the Minister and others before Report stage, and reserving the right to introduce an amendment on Report—certainly not in the same words, but along similar lines—I beg leave to withdraw the amendment.

Amendment 4 withdrawn.

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[Lord Cormack]

I would like to add a word. There is a real danger that we are treating exceptionally complex matters far too simplistically. The constitution of our country, which is not written, has often been compared to a beautifully constructed watch—take away one ostensibly tiny piece of the mechanism and the whole thing falls apart. Some fairly unpleasant things were said about my amendment earlier on, but there we are; that is the rough and tumble of debate. However, I really believe that those of us who are concerned about this issue—coming from slightly different points of view, I accept—are on to something that the Government have not bothered to think through. They have said, “Oh look, this is so complex that we’ll just concentrate on these things”, which is equivalent to saying, “This watch is beautifully constructed; we’ll just look at the hands in the face and forget the bit behind”. There is merit in the interesting suggestion from the noble Lord, Lord Stevenson—if I may have his attention for a moment—or at least in the Minister calling a meeting in his room for people who are concerned, and possibly in going forward to a special committee. This is not really the ideal forum for a detailed discussion of these exceptionally important and complex matters, which reach out we know not where.

[Lord Wallace of Tankerness]

My Lords, I have already responded to the point from the noble Lord, Lord Stevenson, and indicated that I am not in a position on behalf of the Government to commit to establishing a committee to look at these matters. It is clear that there are committees of this House and indeed of the other place that could do so. Obviously the Government would contribute to any such committee that we had invited to do this, but I do not believe that that is a pathway that is inconsistent—nor did the noble Lord suggest this—with proceeding with the relatively straightforward, although constitutionally important, issues that are in the Bill.

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[Lord Wallace of Tankerness]

My Lords, I do not necessarily accept that it is unconventional. If this Parliament had decided what it wished to do and dictated the matter to the other realms—that have legitimate interest in who is their head of state—it would not have been consistent with the notion of countries such as Australia and New Zealand being independent from the United Kingdom. It was always anticipated that if there were to be a change, agreement would be reached. However, as I said in an exchange during the first amendment with my noble friend Lord Trefgarne, it was important that we sought to get agreement among all the realms and for the changes to be implemented as appropriate in each country. It would have been wrong if we had dictated what the terms should be. Considerable agreement was reached, which New Zealand was responsible for co-ordinating.

It is not as unprecedented as it sometimes sounds; we agree international treaties which Parliament is then asked to ratify. This is not exactly on the same lines but it is important to have that agreement. At the time, everyone seemed to think it was right to seek agreement and then to put the proposals before Parliament. This is a process which predates this Government and has been going on for some time.

[Lord Cormack]

Is my noble and learned friend saying that, because the Prime Minister has given that undertaking to international colleagues, we ratify this in every last particular? Or is he saying that we have the parliamentary process and therefore while we must adhere to the principles we can deal with the detail? There is a very big difference between the two, so which is it? Do we have the authority, as a House and as a Parliament, to alter the details, from six to 12 for instance, or do we not? If not, it is frankly an abuse of parliamentary procedure.

[Lord Northbrook]

As a supplementary, could I ask whether having been amended in the Commons, the Bill now has to be reapproved by the heads of government?

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[Lord Forsyth of Drumlean]

I am most grateful to my noble and learned friend. Will he be kind enough to write to those of us who have an interest detailing how each of the realms concerned will deal with this matter? Would there be any merit in us trying to persuade those parliaments perhaps to accept my noble friend Lord Lang’s injunction to change from six to 12? If one of them did so, what would happen then? Would we have to go back and look at it again? How would it be resolved?

[Lord Cormack]

Further to that and, in a sense, even more pertinent, if this Bill should pass Report stage in this House and the other place endorses the change of six to 12, is my noble friend saying that that would invalidate this international agreement? Does this Parliament have authority in this matter or not?

[Lord Wallace of Tankerness]

My Lords, my noble friend Lord Forsyth asked about being informed. Obviously, developments are in train. I will try to give him and others who have contributed information as up to date as possible. With regard to my noble friend Lord Cormack’s question, if we were to make a substantive change, before any implementation could take place, we would have to ensure that there was agreement among all the realms. On a substantive matter such as the six to 12, it would not be a happy situation to have a disjunction between the realms.

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[Lord Cormack]

My Lords, although not entirely relevant to the amendment, it would be very helpful if when my noble and learned friend responds he could give us some indication of when we are likely to have the Report stage, because a lot of matters have been raised this afternoon—I can see my noble friend Lord Trefgarne nodding—about which many of us remain either mildly or even acutely concerned. Some of us would like to have conversations with him on some of these issues. I hope that there will be time, because the one thing that has not been made clear during today’s deliberations is the need for rushing this legislation. I hope that there will be adequate time between now and Report, and between Report and Third Reading. I fully appreciate that my noble and learned friend is not in charge of the business arrangements of the House, but if he would give us some rough idea of when we are likely to debate these matters next, I think that it would be helpful to all of us.

[Lord Stevenson of Balmacara]

My Lords, the two amendments in this group would give us an alternative way of bringing the Bill’s provisions into force. Amendment 17 slightly overlooks the point that local parliamentary approval is not necessary in all realm Parliaments as we have discussed, so it perhaps should not be taken forward at this stage. However, I am interested in Amendment 16, because it plays to some of the strands of discussion that we have had both at Second Reading and today. For instance, the Minister addressed at Second Reading the issue of whether the Bill was being fast-tracked. He said:

“I accept that the Explanatory Memorandum states that, but in fact the Government in the other place paid regard to what was said by your Lordships’ Constitution Committee”.—[Official Report, 14/2/13; col. 829.]

He went on to explain that, because the Bill has retrospective effect, there is no significant time pressure, and certainly not sufficient to warrant fast-tracking—that point has been picked up and talked about a bit today.

The Constitution Committee was therefore listened to in respect of the time allocation, but it also drew attention to the constitutional importance of the Bill—which, again, the noble Lord, Lord Trefgarne, has talked about. It is this point that I am interested in. There is obviously a case for moving the legislation forward in a way which minimises any possibility of getting out of sync with the other realms, and we must have regard to that, but there is another strand, which is that this is a major constitutional position. We are all, I think, agreed on that point, if we are not agreed on how much of it we need to deal with in this process.

In some ways, what is being proposed seems pretty hole-in-the-corner stuff. Would it not play to the advantages which the noble and learned Lord has been claiming for the Bill if it were given the full parliamentary approval process for secondary legislation; in other words, going through both Houses of Parliament and being agreed by both Houses? I know that it would be more onerous and would involve a little more time and effort on the part of the Minister and his officials, but it would mean that we had the evidence that all the other realms had looked at the Bill properly and considered it. We would have the detail about which ones had put forward a different or alternative version of the words—we could check whether exactly the same intent was being imported by the words being used in those local areas—and we would have the reassurance that everything had been done, with all the “t”s crossed and the “i”s dotted. It is in that sense that I suggest to the Minister that we should think about bringing in this process.

Something that is in the control of this House and this Parliament does not affect how others do it but would play back to our sensibility that this is an important Bill worthy of the detailed scrutiny that we have given it today but worthy also of the other appurtenances that go with constitutional measures.

Perhaps I may respond on behalf of the Government in terms of where we are on the process: Forthcoming Business has the Report stage of the Succession to the Crown Bill down for Wednesday 13 March.

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[Lord Wallace of Tankerness]

There is an agreement reached and it is up to each realm to implement the agreement. If that agreement is, somehow or another, not implemented in a realm, then we do not have the unanimity to permit commencement.

[Lord Cormack]

My noble and learned friend deserves a gold medal for patience and good, even temper. He is much admired for that, and I mean that very sincerely. Could he confirm that 13 March is, indeed, the date? Will he produce for us, before that date, a list of precisely what is required in each realm? There seems to be some disagreement: my noble friend Lord Northbrook referred to the necessity for referenda but my noble and learned friend seemed to think there was no necessity. It would be very helpful and conducive to good debate and discussion in this place if, on Report, we had a piece of paper which lists the countries, lists the process and gives the date where we are at the moment.

[Lord Wallace of Tankerness]

I apologise to my noble friend because I forgot about his point on that. The Future Business indeed indicates that Report will be on 13 March. I know that during these deliberations, I have indicated on more than one occasion a willingness to meet one or more of your Lordships. Someone from my private office is in the Box and will, no doubt, be noting that. I will certainly endeavour to ensure that purposeful meetings can take place and provide an opportunity for discussion in time for any amendments that noble Lords wish to table.

With regard to the list, I should say to my noble friend Lord Forsyth that the reason I perhaps hesitate to say how up to date we can get is that that is something I have been asking for. I understand that being bang up to date and complete is more challenging than it may seem. My officials have obviously heard this debate, and I assure the House that we will make the position as up to date as we can.