Succession to the Crown Bill
Debate between Nick Clegg and Gerald Howarth(11 years, 10 months ago)
Commons ChamberRead Full debate Read Hansard Text Read Debate Ministerial Extracts
The Deputy Prime Minister
May I answer the question? The Sovereign Grant Act 2010 makes a very important change that touches on the succession to the Crown as far as the Duchy of Cornwall is concerned. As the hon. Member for North East Somerset (Jacob Rees-Mogg) may know, the convention is that the male heir to the throne has the title of Duchy of Cornwall conferred on him, but a female heir to the throne does not. The Bill does not change that situation, but the provisions of the Sovereign Grant Act mean that the financial support provided via the Duchy of Cornwall can, in future, be provided to female heirs to the throne as well. To that extent, there is a link between this very tightly circumscribed Bill and the provisions of the Sovereign Grant Act.
The drafting of the Bill has been a long and careful process. I pay special tribute to Rebecca Kitteridge, New Zealand’s Cabinet Secretary, for her extraordinary work in making sure that these proposals can be effected across the Commonwealth realms. Agreeing constitutional change for 16 states, each with its own Government and legislature, is clearly a challenge. From the point at which the realms backed the reforms in principle in 2011, it took one year and two months to get full agreement in writing from everyone. In a phenomenal coincidence—one that I know is hard to believe—we received the final consent just hours before the Duke and Duchess of Cambridge announced that they are expecting a baby.
The Deputy Prime Minister
I will make a little more progress and then give way.
The palace has, of course, been actively involved in the process from the beginning, and both the Church of England and the Catholic Church have been kept informed throughout.
The Deputy Prime Minister
I am grateful to the hon. Gentleman for putting that on the record. Later in my remarks I will repeat verbatim the form that that support from the Church of England took.
Sir Gerald Howarth
On the Commonwealth, the Deputy Prime Minister said that the 16 realms had given their approval just prior to the announcement of the royal pregnancy. However, that approval was still subject, was it not, to parliamentary endorsement in each of those countries? Therefore, will the Bill come into effect only once the relevant legislation has been enacted in all those countries? If so, when does he expect that that might happen?
The Deputy Prime Minister
My understanding is that it needs to come into force in all the realms. Interestingly, two of the realms, Jamaica and Papua New Guinea, do not, for their own reasons, need to go through the full legislative process. That is partly why we are so keen to keep the precision of the terms of the Bill and the narrowness of its scope, such that it can be easily adopted and digested under all the different parliamentary and legislative conventions that exist in the 16 Commonwealth realms. We now have a very short Bill of five clauses and a schedule. I urge the House to bear it in mind that, as I have explained, the Bill must be kept narrow in order to be adopted across all 16 Commonwealth realms.
I have heard it suggested that we should use the Bill to tackle the gender bias in hereditary titles whereby titles and the benefits that come with them leapfrog eldest daughters and are handed down to younger sons, or can be lost entirely when there is no male heir. Personally, I am sympathetic to that reform and can see why this seems like the natural time to do it, but, for purely practical reasons, it cannot and will not be done in this Bill. Nor can we can use the Bill to mop up any other constitutional odds and ends. Put simply, it cannot be broadened to include UK-specific reforms, because they are not relevant to the realms of the Commonwealth.
Turning to the all-important so-called Catholic question, the coalition Government are seeking to remove the current ban on heirs to the throne marrying Catholics; or, as the current legislation says, rather insultingly, depending on one’s point of view, from “marrying a Papist”. That law is a reflection of the times in which it was written. It followed nearly two centuries of religious strife within England, Scotland and Ireland; the threat of conflict with Louis XIV’s France and other Catholic powers; and tension with Rome. It was an era when legal defences seemed vital against a dangerous threat from abroad.
That does not just apply to the royal accession—in the 40 years after the Glorious Revolution a whole range of restrictions were put in place. Catholics could not vote, they were excluded from all professions and public offices and they could not go to university, could not teach, could not be the guardian of a child, could not buy land with a lease of more than 31 years and could not own a horse worth more than £5. Edmund Burke called the laws
“well fitted for the oppression, impoverishment and degradation of a people…as ever proceeded from the perverted ingenuity of man.”
Many of the laws were repealed relatively quickly. The ban on owning land was repealed in 1778 and that on voting and serving in the legal profession in 1793. By the time the ban on Catholics from serving in this House as MPs and from serving as judges was lifted in 1829, most of the main restrictions were gone.