Succession to the Crown Bill

Lord Northbrook Excerpts

Thursday 28th February 2013 Lords Chamber

Moved by

[Lord Northbrook]

3: After Clause 1, insert the following new Clause—
“Succession to the Duchy of Cornwall not to depend on gender
In determining the succession to the Duchy of Cornwall, the gender of a person born after 28 October 2011 does not give that person, or that person’s decendants, precedence over any other person (whenever born).”

[Lord Northbrook]

My Lords, I rise to move Amendment 3. If His Royal Highness and the Duchess of Cambridge have a daughter, she may, thanks to the Bill, be able to become queen. However, she cannot as of right become Duchess of Cornwall or Countess of Merioneth. That seems to be an anomaly, particularly with the Prime Minister’s focus on equality. I beg to move.

[Lord Lloyd of Berwick]

My Lords, I support the amendment. I do so because many years ago when I was a struggling barrister, I was appointed Attorney-General to the Prince of Wales, which carried with it also being Attorney-General to the Duchy of Cornwall. Therefore, I do have some—albeit from rather long ago—experience of what the Duchy of Cornwall is and how it works.

In his reply to the Second Reading debate, the noble and learned Lord made three points, at column 830, about how the Duchy of Cornwall would be affected if this Bill becomes law, as I hope it will. I very much apologise that I was unable to be present, but I was abroad. First, he pointed out that Princess Elizabeth, when heir to the Throne, did not become the Duke of Cornwall. Secondly, he pointed out that if the Bill becomes law and the heir to the Throne is a daughter, the title would go into abeyance in the ordinary way. Thirdly, he pointed out that if the heir to the Throne is a daughter, she will not suffer financially from the title going into abeyance because of the Sovereign Grants Act 2011, to which the noble Lord, Lord Janvrin, had drawn attention during the debate.

As to the first point, it is of course true that the title fell into abeyance when Princess Elizabeth was heir to the Throne. As to the third point, it is clear that the heir to the Throne will not suffer financially anyway, so to some extent we can disregard that as a relevant point. However, I question the second point, and whether there is any need for the title to go into abeyance. Why, I ask the noble and learned Lord, should it?

It seems to me that to enable the heir to the Throne to become Duke of Cornwall if female is the logical extension of the provisions of this Bill. It is within—if only just—the royal title. Obviously, there is no difficulty in a female heir to the Throne being called the Duke of Cornwall because, as we all know, the Queen is also the Duke of Lancaster. In addition to what I submit is the logical extension of this Bill, there is a practical reason why I support this amendment.

I remember very well meetings of the Duchy council, which the Prince of Wales, then a very young man, would always attend. He took a close interest in the affairs of the Duchy. One must remember that we are not talking about just a paper title but a large estate and what has become a large business in recent years. It is my belief that the Prince of Wales’s experience in chairing the Duchy council and dealing with a large estate and matters of business has served him very well in subsequent years.

That experience, which has served the present Prince of Wales well, should not be denied to a future heir to the Throne if she is a woman. In fact, one might almost say it is all the more important that she should, as heir to the Throne, have the sort of experience that the present Prince of Wales has had. I hope that that experience will become available irrespective of the gender of the heir to the Throne. This may come as a bit of a surprise to the noble and learned Lord, but perhaps he will consider the matter and take advice from the Duchy of Cornwall itself if necessary—I could perhaps give him advice—that this is a sensible extension of the Bill.

--- Later in debate ---

[Lord Northbrook]

My Lords, I am grateful to all noble Lords who have taken part in this debate—to the noble and learned Lord, Lord Lloyd of Berwick, for his useful contribution on legal aspects; and to the noble Lord, Lord Lexden, for his observation that the Duchy’s founding charter would have to be changed and his comment about the serious decline in the fortunes of the Duchy when there was no Duke of Cornwall. My noble friend Lord Mancroft made a good point about whether there has been consultation with His Royal Highness the Prince of Wales. I also noted the comment of the noble Lord, Lord Deben, about denying a female heir the opportunity of being Duchess of Cornwall.

I am still not entirely familiar with my noble friend Lord James of Blackheath’s meaning of “desuetude”. I took note of the comments of my noble friend Lord Lang of Monkton about other changes that might be necessary. What the noble and learned Lord, Lord Wallace of Tankerness, said about a grandson not automatically inheriting was interesting. I am concerned that when you open the box and the genie of unintended consequences comes out on this Bill, all these issues need to be looked at.

There has been a lot of interest in this amendment. I will seek further discussions with the Minister before Report. In the mean time, I beg leave to withdraw the amendment.

Amendment 3 withdrawn.