Succession to the Crown Bill Debate

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Department: Attorney General
Thursday 14th February 2013

(11 years, 2 months ago)

Lords Chamber
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Lord Bishop of Worcester Portrait The Lord Bishop of Worcester
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My Lords, I welcome the Bill. The Church of England, as has been intimated, is, broadly speaking, content with the Bill as drafted. We understand the concerns expressed by some about the fast-tracking of constitutional legislation and would usually share them, but the Government are entitled to point out that these proposals have been worked on over a long period, discussed carefully with the church and, as has been observed, agreed with other realms.

The vast majority of people would surely agree that male primogeniture is not appropriate and it is right that this should be changed. The Bill marks a necessary stage in the evolution of the relationship between the monarchy and the people of this country. Such evolution has helped to ensure that the monarchy has been sustained in the affections of the people of this nation. We are all delighted about the impending birth of a child to the Duchess of Cambridge, and it is timely that this change should take place now.

As for male primogeniture, so for the prohibition on marrying a Roman Catholic and remaining in the line of succession to the Throne. The relationship between the Church of England and the Roman Catholic Church, as has been pointed out in your Lordships’ Chamber, has changed drastically, I am pleased to say, since the 15th and 16th centuries, but it is worth noting that there has been a sea change in ecumenical relations between the two churches in recent years, as evidenced by the warmth of the relationship between Pope Benedict and the former most reverend Primate the Archbishop of Canterbury, Rowan Williams, a warmth that I would say extends over the realm. For example, the Archbishop of Birmingham has recently accepted my invitation to become an honorary canon of Worcester cathedral. This means that the prohibition on an heir to the Throne marrying a Roman Catholic is somewhat out of time.

This change would not undermine or replace the requirement that the sovereign join in communion with the Church of England or threaten the establishment of the Church of England—something, as has already been pointed out, that the Archbishop of Westminster has stated publicly that he values, saying that he fully recognises the importance of the position of the established church in protecting and fostering the role of faith in our society today.

Lord Forsyth of Drumlean Portrait Lord Forsyth of Drumlean
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I am most grateful to the right reverend Prelate for giving way. As a member of the Church of Scotland, could he help me with why it necessarily follows that if the sovereign were allowed to be a Catholic, the position of the established church would be undermined? This may not be the happiest of precedents, but James I was both a Catholic and head of the Church of England. Is it beyond the wit of modern men and women to devise a scheme that would allow the sovereign to be a Catholic and the head of the Church of England?

Lord Bishop of Worcester Portrait The Lord Bishop of Worcester
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Our position would be that it is very important that the monarch, as Supreme Governor of the Church of England, should be a member of it. I am not sure that I want to go into that whole area at the moment; rather, I shall confine myself to what the Bill actually does and does not imply.

Her Majesty the Queen takes very seriously her position as Supreme Governor of the Church of England, and it is important to us that nothing in this legislation threatens that. The established church brings so much to our nation, as Her Majesty herself observed at Lambeth Palace last year. She said:

“we should remind ourselves of the significant position of the Church of England in our nation’s life. The concept of our established Church is occasionally misunderstood and, I believe, commonly under-appreciated. Its role is not to defend Anglicanism to the exclusion of other religions. Instead, the Church has a duty to protect the free practice of all faiths in this country.

It certainly provides an identity and spiritual dimension for its own many adherents. But also, gently and assuredly, the Church of England has created an environment for other faith communities and indeed people of no faith to live freely. Woven into the fabric of this country, the Church has helped to build a better society—more and more in active co-operation for the common good with those of other faiths”.

I support this Bill wholeheartedly, and I wish the Government well in it.

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Lord Wallace of Tankerness Portrait Lord Wallace of Tankerness
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My Lords, my noble friend makes an important contribution to that debate. I hope that he will recognise that it would not be appropriate to open up that whole issue, not least given the conflicting views that we have heard in the course of your Lordships’ deliberations today, for the purposes of this piece of legislation. However, I have no doubt that, as the noble Lord, Lord Stevenson, indicated—indeed, the noble Lord, Lord Dubs, had a Private Member’s Bill on this subject at one point—this issue is not dealt with, nor do the Government believe that it should be. We believe in the maintenance of the established Church of England. It is an issue, though, and when that debate takes place my noble friend’s contribution will be an important one for people to consider.

Lord Forsyth of Drumlean Portrait Lord Forsyth of Drumlean
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I thank my noble and learned friend for giving way. When he says that it is not an issue for this debate, surely the very reason why the prohibition on the heir to the Throne marrying a Catholic being removed is to end that discrimination. My noble friend Lord Deben’s suggestion of a regency would work with the way in which the Bill is presently constructed—that is, the heir to the Throne may be a Catholic but cannot be one. For those of us who do not wish to see the Church of England being anything other than the Established Church, this would be a way of removing the discrimination against Catholics. I have to say that we are not repealing the vile and offensive language, from our modern-day view, which is contained in the 18th-century statute and which causes great offence to Catholics throughout the United Kingdom. Would it not be sensible to consider my noble friend’s suggestion?