Succession to the Crown Bill

Daniel Kawczynski Excerpts

Tuesday 22nd January 2013 Commons Chamber

[Richard Drax]

That is a good point, but as I understand it the legislation will be retrospective to 28 October 2011 anyway, so why the rush? If that is what is leading us to make this decision so quickly, I would say that it is another reason why we should not be doing so. Republicanism is one example, dare I say it, of the law of unintended consequences.

As I understand it, the Bill was not introduced in the House of Commons until every Commonwealth realm had consented in writing. We are told that the palace has been consulted, but I believe there is still much work to be done. It is a sad day when we are fast-tracking a Bill on this honoured institution through this place in such a short time. As I said, the Bill is going to be retrospective and, as I understand it, the changes will apply to any child born after 28 October 2011. Why not allow us, the law-makers, more time for consideration?

We owe our country’s stability—indeed, the existence of the monarchy itself—to a series of Acts and laws stretching back centuries. They include the Treason Act 1351, the Bill of Rights of 1689, the Act of Settlement of 1701 and the Regency Act 1937. If we insist on proceeding with this Bill, I understand that we will need to amend no fewer than nine Bills and nine Acts.

My final objection to this Bill is that far wiser heads than mine have counselled against such changes, which will have unforeseen and unintended consequences that could shake the foundations of our country. Even the Labour Government under Blair shied away from this, because the complexities outweighed the benefits.

[Daniel Kawczynski (Shrewsbury and Atcham) (Con)]

My hon. Friend is outlining his objections to the Bill and the speed with which it is rushing through, but does he agree with the principle—I speak as a Roman Catholic myself—of stopping discrimination against Roman Catholics in accession?

[Richard Drax]

As I understand it, the Bill will not stop discrimination. A Roman Catholic child is not able to inherit the throne under the current law, as my hon. Friend the Member for North East Somerset outlined at the start of this debate, so Roman Catholics are still being discriminated against. As my hon. Friend also said, either we change the whole thing or we do not touch it at all.

--- Later in debate ---

[Sir Gerald Howarth (Aldershot) (Con)]

This has been a fantastically interesting debate and I am sorry that there has not been a greater attendance in the House. Let me draw the House’s attention to the following, which the House of Lords Select Committee on the Constitution said in 2011:

“The fundamental nature of our constitution means that it should be changed only with due care and consideration”.

We have heard this afternoon, particularly from my hon. Friend the Member for North East Somerset (Jacob Rees-Mogg), about how little the Government have taken into account the potential unforeseen consequences that could arise from this measure, which has been described by Andrew Roberts in The Daily Telegraph as “blithely fiddling” with the constitution.

My right hon. Friend the Member for Mid Sussex (Nicholas Soames) made an incredibly powerful speech on the importance of the constitution, the Crown and all the traditions, eccentricities and contradictions that are so much part and parcel of 1,000 years of this nation’s history and which we tinker with at our peril. The hon. Member for Rhondda (Chris Bryant) rightly made the important point that once we start unpicking the thread, we never know where it is going to end. I am pleased to be able to agree with him on that, if not on everything else. The constitution is incredibly important, which is why we should have more time to debate this measure.

My second point is that the idea that the European Court of Human Rights should have any say in our deliberations on this matter is so fatuous and offensive that it should be struck out completely—how dare it ever seek to interfere with what we discuss on these matters in this House.

My third point relates to the question of female succession. I had the privilege of serving as Parliamentary Private Secretary to the greatest Prime Minister since the grandfather of my right hon. Friend the Member for Mid Sussex. I refer to the noble Baroness Thatcher, to whom I am utterly and irredeemably devoted. She was the salvation of the nation, and so I cannot argue against the idea that female succession is in the interests of the nation—Margaret Thatcher clearly proved that it is. Our sovereign has also done this country astonishingly good service. I do not believe that any sovereign has so lived up to their coronation oath as Her Majesty the Queen, and this nation is beginning to understand the contribution that she has made to the stability of this nation. That confirms everything that my right hon. Friend said.

My real problem is with the risk to the established Church that arises from the Bill. I believe that the established Church and the Crown are indissolubly linked. We will be allowing the heir to the throne to marry a Catholic and, as my hon. Friend the Member for North East Somerset has pointed out, under the rules of the Catholic Church the children have to be brought up in the Catholic faith. There would therefore arise a potential conflict of interest in the mind of that person as to which was going to command their loyalty—their loyalty to their faith or their loyalty to the Crown. The issue has not been properly examined, and I support amendment 16, tabled by the hon. Member for North Antrim (Ian Paisley), which would spell it out and make things crystal clear—it is not anti-Catholic.

I say to my hon. Friend the Member for South Dorset (Richard Drax) that my mother wrote a book called “A Plain Man’s Guide to the Glorious Revolution, 1688”. It was on sale in this place and it sold many copies. The point my mother always made was about how Catholicism was seen in the 17th century. People were not prejudiced against it; they feared it, because it was seen as owing allegiance beyond these islands. That was why Catholicism represented a threat; it is rather like how some of us see the European Union today or how some of us saw communism in the latter part of the 20th century. To measure the Catholicism of those times against our views today is a mistake; we should put it in its historical context. I salute my hon. Friend and his ancestors for what they did.

There are serious issues that we need to consider. We need to address the question of what happens if the heir to the throne were to marry a Muslim or a Hindu. What would that do to the United Kingdom?

[Daniel Kawczynski]

rose—

[Sir Gerald Howarth]

I will not give way because the Minister needs to wind up the debate.

All the points made in this House today by my hon. Friends and Members of all parties have illustrated that we should have had much more time to discuss this Bill on the Floor of the House.

--- Later in debate ---

[Miss Smith]

I thank my hon. Friend for clarifying that point for the edification of our colleagues, but I do not see how that detracts from the main point that it has been possible to take a pragmatic view of how the modern monarchy must function. We have already spoken about the relevant guidance, which suggests that one should do one’s best to have the children raised as Catholics but that there could be just and reasonable cause for not doing so. The protection of the place of the established Church is a rather large cause and some colleagues mentioned that. The Church of England, as I have said, has made it clear that the requirement to join communion with the Church of England is not affected by the Bill. The Archbishop of Westminster has confirmed that he recognises the importance of the position of the established Church in protecting and fostering faith in our society.

[Daniel Kawczynski]

I have listened carefully to the concerns expressed by my hon. Friends, but it is important in this day and age to remove specific reference to Roman Catholics. As the Deputy Prime Minister said, we spend a great deal of time making sure that minority groups do not suffer discrimination, and as a Roman Catholic I urge my hon. Friend the Minister to pursue this matter as speedily as possible. It is rather insulting for Catholics to be in this position—not that I am going to marry a member of the royal family or anything.

[Miss Smith]

I wish my hon. Friend luck in that last endeavour. I thank him for his comments, which demonstrate the breadth of views that have been expressed this afternoon.

My right hon. Friend the Member for Mid Sussex asked whether the legislation would make it more likely that we will have a Catholic monarch. No, it does not. It makes it more likely that the heir to the throne may marry a Catholic—that is what the legislation does—but the bar remains on the sovereign being a Roman Catholic. There is no more need for a constitutional crisis now than there was before, as I said to my hon. Friend the Member for Aldershot.

I should like to deal with the point that has been raised a couple of times about, shall we say, the human misery of having to choose between one’s faith and the throne. Let us not forget that there is a particular piece of misery already available under the existing constitutional arrangements, which is not being able to marry the person you love. It is important to note that that is already available to anyone who wishes that particular form of difficulty. It is evident to everyone in the country that the huge public popularity of the wedding of certain members of the family in recent years shows that members of a modern monarchy do and can marry for love, and we ought to consider that as we discuss the tensions that that family may feel.