Succession to the Crown Bill

Paul Flynn Excerpts

Tuesday 22nd January 2013 Commons Chamber

[The Deputy Prime Minister]

As a proficient historian, the hon. Gentleman will know that the original Act was passed because of George III’s urgent wish to control the marriage of some of his own children. That set a precedent which has remained on the statute book for a long period. We are retaining the right of the monarch to confer that permission, but only to those in the immediate line of succession; the hon. Gentleman is right to say that this is different from what preceded it. Having been in consultation with the royal household over a prolonged period, we feel that that strikes the right balance.

[Paul Flynn (Newport West) (Lab)]

Will the Deputy Prime Minister give way?

[The Deputy Prime Minister]

I would like to make some progress, but okay.

[Paul Flynn]

Presumably, the Deputy Prime Minister, knows that a Member of this House, who is 246th in the line of succession to the throne, was previously covered by this provision; I will check with him as to whether he asked permission to marry. We heard recently that certain Bills have been blocked in this House, including Tam Dalyell’s 1999 Bill about giving the House, rather than the monarchy, the decision on whether to declare war. We have been told that the monarchy, under instructions from Prime Ministers, has acted to make such changes. Was the royal family involved in producing the figure of six?

[The Deputy Prime Minister]

As I said, I accept that there is a certain arbitrariness about the figure of six; it could be seven or five. The principle to limit the powers of the monarch to grant permission to marry to those who are in the immediate line of succession seemed to us to be the right balance to strike, but I accept that perfectly valid arguments of principle could be made otherwise. It is, however, a very dramatic change—pragmatic, but dramatic none the less—from the precedent that has been set from the days of George III.

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[Wayne David]

That is an interesting point, and I am sure there was a very good reason, but I do not think it is germane to our discussion today.

There has been extensive consultation on the Bill, and I note the consent of the Queen, as expressed by the Deputy Prime Minister at the start of the debate.

There is a third measure in the Bill that needs to be commented on. Although the Prime Minister did not refer to it in his statement to the Commonwealth Heads of Government meeting in Perth on 28 October 2011, it was referred to in his invitation to the Heads of Government of the Commonwealth, and the Government have recognised the need for the change. I refer to the requirement for all the descendants of George II to seek permission from the monarch to marry. In place of that, the Bill proposes a more limited requirement for the monarch to agree to the marriages of a specific number of individuals in the line of succession. That is surely a sensible proposal.

[Paul Flynn]

Does my hon. Friend really regard it as a sensible proposal? What percentage of our constituents does he think would accept an absolute prohibition from a relative on marrying the person of their choice?

[Wayne David]

We are talking about the monarch of the United Kingdom, not everybody else in the country. We have to acknowledge that we have a constitutional monarchy that is quite unique.

The origins of the current stipulation are in ancient common law, whereby the monarch has a duty and right of care relating to the upbringing of his or her close relatives. However, that was taken significantly further by the Royal Marriages Act 1772. Although that statute was promoted by George III’s antagonism towards the marriage of his two brothers to women whom he saw as unacceptable, it was drafted in such a way that it went much further than was necessary to respond to his immediate concerns. Indeed, the ramifications of that law mean that today literally hundreds of individuals are obliged to go through a formal legal process involving the monarch and the Privy Council to have their marriages approved. The Bill introduces a change so that any future prohibitions are of eligibility to the line of succession rather than of the marriage.

I do not question the proposed change, but I would nevertheless welcome clarification from the Parliamentary Secretary, Cabinet Office, the hon. Member for Norwich North (Miss Smith), of why royal consent is now to be required for the first six people in line to the throne. I heard the Deputy Prime Minister say that it is a pragmatic move, but there has to be some rationale behind it. The constitutional expert Vernon Bogdanor has suggested that the figure might be five, and others have suggested larger or smaller numbers. Perhaps the Minister could clarify why six has been the number chosen.

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[Wayne David]

With all due respect, I do not think that is the case. The Bill strikes a balance between modernity, which we accept we need to acknowledge, and recognising that the Church of England is central to the life of this country and its monarchy. I think a good balance has been struck and I am sure that some of the suggested unintended consequences of the Bill will be considered during our deliberations.

[Paul Flynn]

When my hon. Friend says “this country”, I presume he means England. As he knows, in the country where he and I live, the Church has been disestablished for 90 years, and happily so.

[Wayne David]

Disestablishment is, of course, a reality as both my hon. Friend and I readily acknowledge. We must recognise that the monarch has a different relationship with the Church of England and the Church in Wales, and my hon. Friend is right to point out that distinction.

I mentioned unintended consequences. Hon. Members have referred to the Duchy of Cornwall, but it seems to me that the letters patent would need to be altered if the duchy were to be automatically transferred to a female heir to the throne. Otherwise, it has been suggested that the heir apparent could be deprived of the source of revenue necessary to fulfil her responsibilities. I suspect that one or two hon. Members might welcome that, but many more would be concerned. I heard what the Deputy Prime Minister said, but I refer him to the deliberations of the Lords Constitution Committee which referred to that as a specific concern.

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[Wayne David]

Of course we cannot guarantee it, but I have faith in the democratic process and the co-operation that exists across the House, and that these serious issues will be addressed properly. It is important that such matters are considered sensibly here as well as in the other place. I am sure that discussions will take place, and I hope that progress will be indicated before the Bill finishes its parliamentary passage.

Let me refer to an issue that is, in some ways, particular to the people of Wales: the title of Princess of Wales. Since 1301 the eldest male heir has usually been invested with the title of Prince of Wales, and as I understand it, that position is bestowed at the discretion of the monarch. Edward II did not invest his eldest son, the future Edward III, with the title, but investiture later became custom and practice. The position confers no automatic rights or responsibilities, but it follows that if there is to be no gender discrimination in the royal succession, consideration ought to be given to the title of Princess of Wales being given to a female heir apparent.

[Paul Flynn]

My hon. Friend is being extremely generous in giving way. He will recall from history that the title of Prince of Wales was the result of a promise that the people of Wales would have a King who could not speak a word of English. He could not speak a word of any language, including a word of Welsh. Is it sensible, with the pride of Wales at heart, to continue to perpetuate that royal confidence trick?

[Wayne David]

My reading of history is that when Llywelyn was defeated by Edward I, a promise was indeed made. The King of England at that time could not, of course, speak Welsh, but he could not speak English either. He spoke Norman French. It is important to make that point when considering such issues because it is easy for some people to translate modern ideas of nationality into mediaeval situations. It is important that the historical reality of the United Kingdom is recognised, and there is a specific niche for Wales with regard to the Prince of Wales, and hopefully, in future, for the Princess of Wales. If it were appropriate to have a Princess of Wales I hope that people in Wales would welcome such a development, and I ask the Minister whether she would welcome such a move.

The Bill is small yet has significant constitutional implications. It reinforces and extends a process of modernisation for our constitutional monarchy that has been under way for some time. The people of this country are, quite rightly, very supportive of the royal family and recognise that not only is the monarchy an important part of our nation’s heritage, it is also a vital element in defining the identity of Britain in the 21st century. The changes in this Bill will help to ensure that the monarchy continues to be an essential part of Britain’s future.

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[Paul Flynn (Newport West) (Lab)]

I am grateful for the opportunity to follow the voice of British conservatism. It seems extraordinary that a Member of this House should refer to the equal treatment of women as one of the House’s passing enthusiasms. That is one of the great changes that have taken place in our generation. It is a joy to see the increased number of women who sit in the House, and the wider mixture of races, colours and creeds.

There is no need for the Bill to be rushed through. If the date were removed from the Bill, we would have years to consider it. There is no question that the royal child will be ready to take the throne for many decades. We have all that time in which to create a Bill that is reasonable, fair and sustainable for the decades to come.

I have the great honour to represent the constituency where the last riot designed to set up a republic took place. In 1839 in the streets of Newport, a group of Chartists arranged to charge a place where they thought a Chartist prisoner was being held. They then intended to stop the post, which was to be a signal to the rest of the country that they intended to set up a republic. At the time, the country was not one to which the description given by the right hon. Member for Mid Sussex (Nicholas Soames) could be applied, as it was a country of great deprivation, great injustice and terrible poverty.

The Chartists were protesting against the system as it was at the time, under a monarchy. That is not to say that monarchy is necessarily a bad system, but we cannot ignore the years in which our monarchs, many of whom did not speak English, behaved as tyrants. For some years now, there has been a division between the Commons and the monarchy, symbolised in the House’s tradition of slamming the door on the monarch’s representative when he comes to the House to deliver the summons to hear her speak. This is crucial to us: it is part of our democracy and character.

I suggest to the right hon. Gentleman that the part of our history of which we in this democratic Chamber should be most proud is the story of those who worked to establish socialist reforms. What is special about our democracy and admired throughout the world is the fact that we have free speech, we have a welfare state, and we have a sense of fairness and fair play—but all those reforms were hard-won.

[Richard Drax (South Dorset) (Con)]

The hon. Gentleman just asked what is special about our monarchy. One answer, perhaps, is that we do not tinker with it.

[Paul Flynn]

We are tinkering with it today. It must be a matter of some concern, but we are tinkering with it. Pandora’s box is open now, and having tinkered with one part of it, we can tinker with other parts of it.

[Mr MacNeil]

Many Acts, including and especially the 1701 Act of Settlement, are nothing other than tinkering.

[Paul Flynn]

Indeed, absolutely. They were based on the prejudices of the past. To look at our history, we can go through the length of this building and see representations of royalty in portraits, coats or arms and statues—there must be at least a thousand—but where would we look to find mementos of the work of the Chartists, the Levellers or the suffragettes? There are precious few, yet they, not royalty, were the ones who contributed to the development of our democracy.

[Chris Bryant]

I have been wondering about this tinkering business that we heard about from the hon. Member for South Dorset (Richard Drax). Can my hon. Friend point out to that hon. Gentleman that Richard II, Edward II, Richard III, Henry VI, Edward IV and Edward VIII—at least; I have left several out, no doubt—were removed expressly by or through the intervention of Parliament. It is a long-established tradition that the succession is a matter for Parliament.

[Paul Flynn]

My hon. Friend is absolutely right. The hon. Member for South Dorset (Richard Drax) is the victim of a romantic delusion that history does not support. We should take pride in the traditions of this House.

What we have before us is a piece of rushed legislation, and we all know legislation introduced in haste usually turns out to be bad legislation. Take the idea that we modernise the system by retaining in it the right for a relative to determine that people should not be allowed to marry the person they love. That is not modern; it is another anachronism from the distant past, but we are retaining it and allowing the monarch to have absolute power over the love lives of six relatives. That seems extraordinary. Who put that in? Who decided that that was a good idea?

One problem with the Bill is its narrowness, which means that we cannot discuss the interesting amendments that have been tabled, including one I mentioned briefly earlier that would allow the country a choice. We are in the position, when we look to the next Head of State, of being infantilised by our own Ministers. We are told that certain letters cannot be published because if they were they would imperil the status of the next monarch. Well, if they do, we should hear about that. If there is a doubt in those letters, why on earth can we not, as the elected representatives of the people, have those letters published? Yet the Government recently decided, in spite of a court ruling and a freedom of information ruling, that those letters from the heir to the throne should remain absolutely secret, because if we saw them we might decide that perhaps he is not the right person to be on the throne. What can the country do?

We are still enshrining the mediaeval idea that it is the son—now the daughter, which is a slight improvement—who will inherit, but why not other members of the family? Would not the country like a choice? In a world of referendums and choice, it would be sensible for us to consider a Bill that would allow the country to decide who will have the vital role of Head of State, looking at the situation in about 20 years’ time, when all sorts of factors will be in play. Should it be the heir? Should it be another member of the royal family? Or should it be citizen A. N. Other? I believe that the country might like the choice.

I am very grateful for the chance to speak in this debate. Like all Members of the House of Commons, I think, I will support the Bill, but I believe we have to bear in mind the points that have been made. On religious grounds, the Bill strengthens the prejudice of the past by not allowing all citizens the chance to become monarch. An amendment was tabled to try to future-proof the measure, saying that in the future there might be an inheritor to the throne who decides on a same-sex marriage. What would the situation be then? Would the progeny of that marriage, either by adoption or artificial insemination, be next in line? One could see advantages in bringing new blood into the royal line, which we have seen successfully recently.

There are many aspects to the law of succession that we need to consider. This is not a full modernisation; it is a tinkering. I believe that pressure has probably been put on the Government to ensure that this reform is very limited. In it are the seeds of future problems that will be obvious in the years ahead.