Succession to the Crown Bill

Debate between Lord Fellowes and Lord Marks of Henley-on-Thames

Wednesday 13th March 2013 Lords Chamber

[Lord Marks of Henley-on-Thames]

My Lords, I oppose my noble friend’s amendment. I fully understand the Government’s decision not to use the Bill to remove the disqualification of a Catholic becoming the sovereign. However, I and others believe that the question should be revisited at some stage in the not too distant future because it is discriminatory and unnecessary. While I understand the arguments put by the noble Baroness, Lady Flather, that the Catholic Church needs further reformation in places, they do not justify a discriminatory provision. I say that even in the context of the established church, for the reasons so eloquently advanced by the noble Lord, Lord Deben, at earlier stages of the Bill.

It is my suggestion that the principle that we should adopt is that the discrimination involved in providing that the sovereign must be an Anglican should be restricted to the absolute minimum. That is why, on principle, I oppose the amendment. But quite apart from the principle, my noble friend’s amendment, and, I suggest, anything like it, would be quite unworkable. The present position is that marriage to a Catholic imposes a disqualification on an heir succeeding to the Crown. That is clear and simple. Clause 2 removes that disqualification entirely. Marriage to a Catholic does not disqualify anyone from succeeding to the Crown. An heir or a monarch can marry a Catholic without losing his right to the succession or to the Crown. That is clear and simple, again. But my noble friend’s amendment would import a proviso into that clear and simple proposal. There would be no disqualification, provided that the statutory requirement that any child of such a marriage is brought up as an Anglican was maintained.

The right reverend Prelate the Bishop of Guildford explained that the statutory or canonical requirement is very much weaker in principle and in practice than my noble friend’s amendment suggests. Furthermore, the amendment poses another problem: how would it be determined that such a requirement, if indeed it were established, was being maintained? Who would decide whether that requirement was being maintained? When, at what point in time, would the requirement need to be maintained, and when would it cease to be maintained? Furthermore, what exactly is meant by being brought up as an Anglican? By what process would a disqualification be imposed on someone in line of succession to the Throne if it were felt that the proviso was not being fulfilled and a given child was ceasing to be brought up as an Anglican? To take an extreme example, what if the child of the heir to the Throne and his or her Catholic spouse, having been brought up as an Anglican, chose to espouse Buddhism while at school?

The problems are endless. I appreciate that my noble friend who moved the amendment did not suggest that it was this wording or nothing, but when you look for an alternative wording, the concepts are so fluid that they necessarily import an uncertainty and ambiguity that would be thoroughly undesirable. For that reason, I suggest that the Bill should remain unamended.

[Lord Fellowes]

My Lords, I find myself in something of a dilemma in speaking briefly to support this amendment. I support both the amendment as presently worded and the measures behind it. I still believe that the sooner that we have greater clarity and more explicit commitment from the Roman Catholic Church as to its determination to respect the rule governing the upbringing of the heir to the Throne, the better. That said, were this amendment to be pressed and passed it might well raise the spectre of the reopening of negotiations with the other 15 Governments of Her Majesty’s realms, and that I believe to be undesirable.

I prefer to regard this as a constructive and helpful probing amendment which makes explicit what is at present implicit in the Bill. As such, it sends the right message even if withdrawn. If it is not withdrawn and comes to a vote, I will support it, with some misgivings.