Succession to the Crown Bill

Mark Reckless Excerpts

Tuesday 22nd January 2013 Commons Chamber

[Miss Smith]

I beg your pardon, Mr Bone, if I have been lax in my words. I do not recall saying that, but if I did, I should have said Church of England, because, as we have been discussing, the monarch is in communion with the Church of England. However, it is also the case that we have a Protestant succession in this country.

[Mark Reckless (Rochester and Strood) (Con)]

The Minister suggested that under clause 3(1) consent could be refused for a variety of reasons, but does not clause 2(1) limit the prerogative such that a refusal of consent as a result of marriage to a person of the Roman Catholic faith would be unlawful?

[Miss Smith]

Mr Bone, I hope you will forgive me if I stray too far into clause 3—

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[Mark Durkan]

Absolutely. Earlier, a Government Member referred to clause 2(1), in which we seem to think we are telling ourselves that we are removing the bar on the marriage of an heir to the throne to a Roman Catholic. However, it could well be that clause 3 allows the sovereign to continue to exercise such a bar, or a future monarch to exercise it, precisely to avoid some of the issues that other Members have already raised.

[Mark Reckless]

Does the hon. Gentleman think it would be helpful if the Minister were to clarify the position on what we think is implied by the Bill, which is that clause 2(1) is subject to clause 3(1)?

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[Chris Bryant]

I rather agree with the hon. Member for Tamworth (Christopher Pincher). I am wholeheartedly in favour of getting rid of the 1772 Act, which seems a ludicrous piece of legislation that has always been ineffectual. It has encouraged monarchs to be capricious in granting or not granting consent and it was introduced as a capricious piece of legislation. My problem is with clause 3, which is meant to replace it. As the hon. Member for Foyle (Mark Durkan) said, there is no stipulation about whether such permission is necessary for a civil partnership. I presume that all six members could form a civil partnership and succeed to the throne without that being an issue, but if the Government’s same-sex marriage proposals were introduced, they would then have to make a request and have consent granted. I simply do not understand, and I am afraid the Minister has made it far worse for me this afternoon than it was before. Her suggestion that some convenience will be drawn up between Ministers who might or might not be advising means that there will be no clarity for Parliament.

For instance, a potential future heir to the throne might be denied consent to marry by the monarch deliberately because they wanted to exclude them from the succession, and for no other reason. The Bill makes no provision to state that that would be inappropriate. I say that that might happen in the future, because that is precisely what George III tried to do to George IV through the 1772 Act. If the clause is carried into legislation, the monarch will be able, entirely of their own volition and without any guidance from Parliament, to decide who should be excluded from the succession. The only thing that might militate against that would be if somebody got married before they became one of the six or before the monarch took offence or a dislike to them.

The Minister pointed out that other countries have similar provisions. It is true that, of the constitutional monarchies in Europe, Denmark, Sweden and the Netherlands have similar provisions. However, Norway has no such provision—it just has a simple law of succession, as my hon. Friend the Member for Cardiff West (Kevin Brennan) said. It is provided for by the caprice of God, as it were, whereas in two of the three countries that have a similar provision it is a vote of Parliament that decides. For the Crown and the Crown’s Ministers to reserve to themselves the decision as to who should be barred from the succession flies in the face of the history of this country, as the succession is a matter that has always been decided by the whole of Parliament—both Houses of Parliament—through statute law. That is why I am deeply, deeply suspicious of the first three subsections, and my suspicions have been made far worse by what the Minister has said this afternoon.

[Mark Reckless]

The Minister owes the House and perhaps the wider nation and realms beyond these shores an explanation as to why the number six has been selected in subsection (1), and what considerations have been brought to bear on the matter.

My hon. Friend the Member for Tamworth (Christopher Pincher) suggested an alternative, and said that the measure should apply to all heirs and successors of Queen Elizabeth II. I am concerned that, if we moved in that direction, such a measure would contain the seeds of its own obsolescence, rather like the Royal Marriages Act 1772 excluding all the descendants of George II except for those with a particular exemption. The numbers would balloon over time, and many of the same issues would remain.

The key issue to which the Minister should respond, and which Parliament should debate before the measure becomes law, is whether subsection (1) is subject to clause 2(1). For me, that is an important point. Having listened to all the debate, I remain undecided as to whether the Bill is an improvement on the status quo because it removes the discrimination with respect to a Catholic being able to marry someone who may inherit the throne, or whether I ascribe to the views expressed by my hon. Friend the Member for North East Somerset (Jacob Rees-Mogg) that it may kill a minor discrimination at the expense of reopening the whole issue, and we would then be looking at the Act of Settlement as amended by the Bill increasing the offensiveness of those words on the statute.

I can see the virtue of both arguments, but what weighs in the balance is the question of whether clause 2(1) is an absolute improvement or whether it may be overturned by a Crown decision under clause 3(1) acting under the prerogative on Ministers’ advice, which could still lead to someone being excluded as a result of marrying someone of the Roman Catholic faith, notwithstanding clause 2(1). I should appreciate it if the Minister provided clarity on that, preferably today, but if not, in subsequent proceedings.

[Wayne David]

As the Minister knows, we support the Bill, particularly clauses 2 and 3. However, a number of Members have raised the issue that the hon. Member for Rochester and Strood (Mark Reckless) just mentioned. He put it very well, and there appears to be a contradiction, or at least a potential contradiction, between clause 2(1) and clause 3(1). If there is, which provision has precedence? That is an important point, and if explicit clarification cannot be given now it would be advantageous, if it is provided when the Bill goes to the other place. That reinforces the point made by the hon. Member for Foyle (Mark Durkan), which was well put.

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[Miss Chloe Smith]

Now might be the moment to make a few general comments on clause stand part, as well as to respond to hon. Members’ questions. As has been made particularly clear, clause 3 repeals the Royal Marriages Act 1772 and replaces it with provisions that we believe are more suitable for the modern context. The original 1772 provision probably affects hundreds of people. We do not think that such a sweeping provision is practical or serves a useful purpose today. Indeed, if we want to dwell on Cabinet history, the hon. Member for Rhondda (Chris Bryant), who thought that those provisions were obscure and unsatisfactory, might note that this was raised by the Cabinet as far back as 1960.

Clause 3 seeks to ensure that the sovereign’s consent is obtained before the first six people in the line of succession can marry. Various hon. Members have asked why the number is six. I want to answer that question with reference to the reasonable reach of changes, which I referred to earlier. There is a question about unreasonably changing the legitimate expectations of those closest to the throne, and I think that we ought to take a cautious approach in such an area. The Government believe that the consent of the monarch for the marriages of the first six people in the line of succession provides a measure of reasonable proximity. Indeed, since the 1772 Act was enacted, the throne has never passed to anybody who was more than six steps away in the line of succession. Therefore, subsection (1) limits the requirement to seek the monarch’s consent to the first six people.

[Mark Reckless]

If the Crown has not passed to anyone beyond No. 6, has it passed to anyone who was No. 6? If so, is that the rationale for choosing that number?

[Miss Smith]

Historians in the House might leap to correct me, but I understand that Queen Victoria was the most extreme example, at No. 5. I hope that answers my hon. Friend’s question.

Let me turn to the notion that the sovereign ought not to have a part in that decision. The role of the sovereign in giving consent to a royal marriage is part of our tradition and is entrenched in law. The Government also consider that there is a public interest in the marriages of those closest to the throne, so we believe that the requirement to seek the sovereign’s consent continues to serve a valuable purpose.

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[Miss Smith]

My hon. Friend asks me to comment on a direct historical precedent. I do not think it is helpful to do that, because it is, after all, the past. Mr Evans, who is now in the Chair, would of course stop me if I sought to impute any opinion to any member of the royal family, past or present.

Let me move on to what the hon. Member for Foyle (Mark Durkan) said about civil ceremonies and civil partnerships. There is no bar on the heir or other members of the royal family marrying in a civil ceremony. Moreover, I am unaware of any legal bar to somebody who is in a same-sex relationship acceding to the throne. I would envisage that the sovereign’s consent measures in clause 3 would continue to be the case for same-sex relationships. I will not comment on legislation that this House has not yet considered, which, as the hon. Gentleman might understand, would cover the notion of same-sex marriage.

[Mark Reckless]

Like the hon. Gentleman, I have been trying to clarify whether clause 3(1) will be subject to clause 2(1). The Minister has said that Ministers would have regard to clause 2(1) in advising the Crown on use of the prerogative. Is that an intentionally weaker formulation than being subject to clause 2(1)?

[Miss Smith]

My response was not in any way an attempt to fail to answer my hon. Friend’s question. As clause 2 will be a part of this legislation, it will be lawful for Ministers to refer to it. I would therefore say that clause 2 does apply to decisions made under clause 3.

The hon. Member for Caerphilly and my hon. Friend the Member for Tamworth (Christopher Pincher) suggested alternative ways of replacing or updating the Royal Marriages Act 1772. My hon. Friend suggested that we simply substitute descendants of George II with those of Elizabeth II, our current monarch, and the hon. Gentleman suggested that we do the same with regard to the descendants of George IV. Either of those approaches could lead to an identical ballooning of the problem that we have seen under the Royal Marriages Act. It is obvious that the situation would only get worse with time as more and more descendants came into existence. A sensible approach is to replace the unworkable provisions of the Royal Marriages Act with a measure that is limited, pragmatic, and, as the Bill suggests, subject to procedures including the Great Seal and Order in Council.

Finally, clause 3(5) makes provision that marriages previously made void by the Royal Marriages Act are not to be regarded as invalid, which is important. Subsection (6) ensures that the validity of the descent of the Crown from King George II down to the present day will not be affected by the changes in subsection (5). We have already covered the other subsections. The measures provide a sensible update. We have already dealt with the Government amendment that ensures that the clear policy intention behind the Bill is correctly expressed by it.

Question put and agreed to.

Clause 3, as amended, accordingly ordered to stand part of the Bill.

Clause 4 ordered to stand part of the Bill.

Clause 5

Commencement and short title

Question proposed, That the clause stand part of the Bill.