Succession to the Crown Bill

Lord Cormack Excerpts

Wednesday 13th March 2013 Lords Chamber

Moved by

[Lord Cormack]

2: Clause 2, page 1, line 7, at end insert “, provided the statutory requirement that any child of such marriage is brought up as an Anglican is maintained”

[Lord Cormack]

My Lords, I introduced a similar amendment, but in different words, in Committee. We had an interesting, and at times quite lively, debate, and I am sorry that my noble friend Lord Deben is not here because I was rather looking forward to crossing swords with him on this one.

The amendment has one very simple but extremely important aim. I am very grateful indeed to the noble Lords, Lord Luce and Lord Fellowes, both of whom spoke in the previous debate, for discussing the wording of the amendment, which is entirely my responsibility of course, before I tabled it. I am also very grateful indeed to my noble friend the Minister, who is exemplary on these matters, for taking the trouble to have a conversation on this last night.

As I say, the aim is simple. This afternoon, as on every day on which we begin our proceedings with Prayers, we pray for the peace and tranquillity of the realm. It seems very important that any constitutional measure should be conducive to the peace and tranquillity of the realm, and should anticipate difficulties. As it was with my noble friend Lord True’s amendment, there might well be no need to address these matters for many, many years. Who knows? However, the fact is that our sovereign is the Supreme Governor of the Church of England, and that is a very special position. I do not think that it could be adequately fulfilled by a regent during the life of a reigning monarch who was a reigning monarch in every other sense.

If we allow, as this Bill allows—and I do not oppose this; I want to make that plain—the heir or anyone in direct line of succession to the Throne to marry a Roman Catholic, which I repeat I accept, there has to be a provision whereby children of that union are brought up as Anglicans. I appreciate that some noble Lords might point out that the statutory requirement that I cite uses the word “Protestant” rather than “Anglican”. However, we have legislated for this in the past. It is important that if we are legislating for decades, maybe even centuries, to come—after all, the Act of Settlement was passed as long ago as 1701—we have to make adequate provision to ensure smooth continuity for the peace and tranquillity of the realm. It is in that sense that I commend this amendment to the House.

Some of us think that the Bill has been rather rushed, but let us leave that argument on one side. Some of us think perhaps that the consequences have not adequately been thought through, but let us leave that on one side. We are going to pass the Bill. I do not oppose the Bill, but I want it to be as foolproof as possible. I want it to anticipate, in so far as legislation possibly can. I want it to be a constitutional measure that will stand the test of time and of whatever circumstances might, in so far as we can possibly foresee, occur.

I repeat that am not opposed to the provision on female succession. I am not opposed at all to allowing the heir to the Throne to marry a Roman Catholic. However, we all know that there is a canon of the Roman Catholic Church that requires that the children of a union of a mixed marriage are brought up as Roman Catholics. There are many cases where that does not happen. I myself married a Roman Catholic. She in fact came over to the Church of England at a later date, but we had decided that we were going to bring our children up as Anglicans. It was obviously easier if she became an Anglican. At our wedding, I was not allowed to receive the sacrament. I make no complaint about that. I was in a very different position from the one I would have been in had I been a Roman Catholic and she, at that time, had been an Anglican.

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[Lord Wallace of Tankerness]

My Lords, this is an agreement that has been reached with the other Commonwealth countries. This question may arise in relation to later amendments, but the preamble to the Statute of Westminster Act 1931 gives an expectation that in matters of succession to the Crown there will be the engagement of the other realms of which the Queen is head of state. It is not a matter of binding law but it is certainly an expectation and one that we have considered to be very important in taking forward the proposals in this Bill. As I indicated, the implication or consequence of my noble friend’s amendment is that it would affect the succession, and we would need to consider that with the other realms of which the Queen is head of state.

[Lord Cormack]

My Lords, I am very grateful to everyone who has taken part in this short but fairly vigorous and interesting debate. I am particularly grateful for the support of the noble Lords, Lord Fellowes and Lord Kilclooney, and others. In response to the noble Lord, Lord Walton of Detchant, it is of course possible to be both an Anglican and a Methodist. The two churches are in communion, so there is no impediment there at all.

I am obviously grateful for the speech of my noble and learned friend the Minister and I shall bear in mind everything that he said. However, whatever is in this Bill, it remains in effect, in his words, discriminatory because there is an insistence that the heir to the Throne cannot be a Roman Catholic. I personally accept that and support it, as will have been apparent from my earlier remarks, but you cannot have it both ways. With this amendment, I was merely seeking to remove an element of ambiguity. I am particularly grateful for the excellent exposition of the right reverend Prelate the Bishop of Guildford, but he, too, ended his speech by saying that he would welcome the removal of ambiguity. He hoped that either in the Bill or in some other manner—perhaps in an exchange of letters or whatever—there could be some form of wording that would make it less ambiguous than it is at the moment. I am grateful to him for that because that is an extremely important point.

Obviously there are strong feelings in all parts of the House and around the country about this. I am conscious of the fact that the noble Lord, Lord Fellowes, who pledged his support, also said that he would reluctantly go into the Lobby. I will not make him reluctant tonight because I do not propose to press the amendment to a Division. There is still scope for further discussion. I was delighted to hear from my noble and learned friend that Third Reading will not come until after the Easter Recess. That gives all of us with an interest in this and other matters relating to the Bill, such as my noble friend Lord True, plenty of opportunity to consult, discuss and then decide whether or not it would be prudent to table another amendment at Third Reading. I certainly have not made up my mind on that score.

I will not detain the House further by referring to every speech but there is the clear issue before us that we are dealing with the succession to the Crown. It has been decided that gender should be no impediment as far as the first born is concerned. It has been decided that marriage to a Roman Catholic, subject to the sovereign’s permission, can go ahead. It has also been reiterated by my noble and learned friend that anyone succeeding to the Crown cannot be a Roman Catholic. Although he introduced—as did my noble friend Lord Marks of Henley-on-Thames—references to other religions, that is not what we are concerned with in this Bill. We are concerned with what is explicitly in the Bill. I still believe that it would be helpful if we had some form of safeguard either in the Bill itself or in an exchange of published letters with the Roman Catholic hierarchy, but we can all reflect on that over the coming weeks. With that, I beg leave to withdraw the amendment.

Amendment 2 withdrawn.

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[Lord Brown of Eaton-under-Heywood]

My Lords, I, too, support this amendment. Twelve seems to me an eminently sensible and, indeed, a hallowed number. There were 12 tribes of Israel, 12 apostles, 12 members of the jury and there used to be 12 pence in the shilling. Perhaps more importantly, one asks: what is the downside of 12? If those who are ranked seven to 12 do not rate their chances of succession, or if perhaps they do not want to succeed, their remedy is perfectly simple: they do not ask Her Majesty for consent and the statute automatically then disqualifies them. It is only Her Majesty who might suffer the problem of having to consent—if consent is sought—to so many more marriages and I am sure she would not mind.

[Lord Cormack]

My Lords, I strongly support my noble friend. He made a splendid speech in Committee and again this afternoon. Any amendment that can unite my noble friend Lord Deben and me deserves the support of the House. I hope that the Minister will not attempt to resist it and will heed the sensible words of my noble friend Lord Deben. What is the point of resisting? This is not a point of principle, but of practicality. To have 12 builds in an extra safeguard and rules out the possibility of a different sort of ambiguity, to which the right reverend Prelate referred in his earlier admirable speech. No one has spoken against this amendment. I am sure the Minister will incur not only the admiration and good will of the House, but the admiration of those outside who are following these proceedings. If by chance my noble friend does not feel able to accept the amendment, I hope that my noble friend Lord Lang will press it.

[Lord Elton]

I speak only to add weight to the perception that I hope that my noble and learned friend is getting that the whole House supports the amendment, and that he will have a major task in showing us significant downsides to prevent all of us flocking around my noble friend.

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[Lord Wallace of Tankerness]

I am sure that if it was just that, it would be simpler. Certainly, the experience of reaching agreement was far more painstaking and more work was put into it than a simple exchange of e-mails. I know that when the noble Lord, Lord Stevenson of Balmacara, who participated in some of our earlier debates, worked in the previous Administration in No. 10 Downing Street, this was one of his responsibilities when the previous Prime Minister was seeking to get agreement. I know how much effort was put into getting the agreement at Perth, and subsequently into getting the agreement on this provision. It is not, therefore, as simple as an exchange of e-mails.

[Lord Cormack]

If we pass this amendment this evening, it will simply go to another place, which will give extended time for sounding out opinion in the rest of the Commonwealth realms. If a negative response to those soundings was received, we could of course think again, and the Commons might decide to reject the amendment. We are simply expressing this view of this House on a common-sense matter. I very much hope that we shall be able to do that.

[Lord Lang of Monkton]

My Lords, I am most grateful to all noble Lords who have spoken in this debate, in particular to the noble and learned Baroness, Lady Butler-Sloss, and my noble friends Lord Cormack and Lord Elton, who gave me time to digest what I thought my noble and learned friend said at the end of his remarks. I will come back to that shortly.

First, I thank everybody who took part in the substantive debate, in particular my noble friends Lord True and Lord Lexden, and the noble Lord, Lord Thomas of Swynnerton, who are three serious historians. I invite my noble and learned friend to contemplate not only the number of noble Lords who have spoken, because there has been unanimous support from the Back Benches in the Chamber, but the quality of the contributions. I also thank my noble friend Lord Deben, whose persuasive luminosity was up to its usual very high standard. My noble friend Lord Mancroft brought substance and fact to a debate that has had to be held on a conjectural basis before, with his very important friends or relations—I am not quite sure which—in Germany. Not that all relations are necessarily friends. That was extremely helpful, as were the contributions from the noble and learned Lord, Lord Brown, and my noble friends Lord Hamilton and Lord Cormack. I apologise to anybody I have omitted to mention.

I do not want to go over all the points that were raised before, because we have batted balls around in the past and we do not always reach agreement. If I misspoke, to use a convenient Americanism, in the context of the 1772 Act, I apologise. The two central points I was keen to get across were that that Act was concerned with breaking marriages but saving the line of succession. The present Bill is the other way around. It would let the marriages go ahead but would throw in the bar to succession. That is an important injection of uncertainty that could lead to certain unintended consequences, which is why I am so keen to see a stronger and more stable base of 12 who have to seek the monarch’s consent in future.

As to the age at marriage, which is an improvement on my noble and learned friend’s previous commitment to the age at birth, Queen Victoria’s age at marriage was not relevant because by then she had left the line of succession and was already Queen. She would only have had to ask for consent to marry. I could, however, refer to the example of the Duke of Cumberland and Teviotdale, Prince Ernest Augustus, who was sixth in line to the throne when he married in 1815, rather than my noble and learned friend’s example of someone who was third in line. He ended up as King of Hanover in 1837 because, of course, Queen Victoria could not accede to that throne because of male primogeniture.

This comes down to judgment. I thought I heard a coded message coming from my noble and learned friend—I do not think I saw white smoke coming out, but at any rate it put me at a slight quandary. I am conscious that regardless of the extent of support within this Chamber, if it came to a Division the noble Baroness, Lady Hayter, has substantial support at her disposal in the Lobbies, and there is no detection of a change of tone coming from there. Nevertheless, I believe that my noble and learned friend is offering me half a loaf, which is better than none. I will withdraw this amendment in the hope that these discussions will be productive, not just empty posturing and going over the ground that we have already gone over. In that tone, I beg leave to withdraw the amendment.