Succession to the Crown Bill

Debate between Ben Wallace and Jacob Rees-Mogg

Tuesday 22nd January 2013 Commons Chamber

[Mr Wallace]

I am grateful to the hon. Gentleman for making that point. However, Henry IV’s first act on the throne was to pass the charter of duchy liberties, in which he asserted that the duchy was his possession, separate from those of the sovereign and the Crown. That was confirmed by Henry VII in 1485, and for the benefit of officials and Whitehall it is important to note that there has since been no fresh settlement. Perhaps the clarity we are looking for is found way back in 1485.

This is why clarity is important. The Bill, with which I agree, could create an eldest daughter as sovereign, who will take precedent over a younger son. Perhaps that is where the problem lies. If a monarch has two children, the eldest a daughter and the youngest a son, the Bill empowers the eldest to become the next sovereign. It makes no mention of the Duchy of Lancaster or the title of Duke of Lancaster, separate from the Crown, and nor does it mention what will happen to the assets. Without clarity, the Bill might mean that we have today stripped Her Majesty the Queen of £300 million-worth of assets from her inventory.

I do not believe that that is what is intended, but clarity is needed. It is easy to ensure that the income is diverted to the sovereign. It is highly likely that existing statute provides that income from the Duchies of Lancaster and of Cornwall will continue, but the question of ownership and the title requires clarity.

[Jacob Rees-Mogg]

Having considered the Duchy of Lancaster, will my hon. Friend consider the Duchy of Normandy, and whether the Queen’s possessions as Duke of Normandy might divert to a younger male child when the Crown went to an elder female one?

[Mr Wallace]

I am not an expert on the other duchies in this land, but my hon. Friend proves the point that interfering with succession and fiddling with titles is easier said than done, especially when the titles are so old that they date back to some of the first interferences in succession and the Crown. When the title is linked so much to assets, the House is owed a clear explanation.