Succession to the Crown Bill

Lord Soames of Fletching Excerpts

Monday 28th January 2013 Commons Chamber

[Nicholas Soames (Mid Sussex) (Con)]

Does my hon. Friend agree that in this particular case, what my hon. Friend the Member for North East Somerset (Jacob Rees-Mogg) has just shown is that what has been completely settled and without question can now be open to challenge? Does she believe that this is a sensible way to proceed when overturning 1,000 years of British history?

[Miss Smith]

I deeply respect my right hon. Friend’s intervention and, indeed, his contributions to the debates on this topic. Many aspects of the law relevant to this area are not changed by the Bill, however, and I would like to answer my right hon. Friend’s intervention by saying that, to the extent that there are difficulties, they already exist. I stated clearly last week that key elements of the Act of Settlement and the Bill of Rights stay standing, and I reiterate that today. I do not see this Bill as creating further constitutional crises than could be wrought out of the existing law.

For the record, before moving on to my second argument about the two amendments, let me state again that the Government are absolutely committed to the Church of England as the established Church, with the sovereign as its Supreme Governor. We consider that the relationship between Church and state in England is an important part of the constitutional framework. It has evolved over centuries and the Government have no intention of legislating to disestablish the Church of England. It is important to state that. The Government’s view is that allowing a person of the Roman Catholic faith to accede to the throne would clearly be incompatible with the requirement for the sovereign to be in communion with the Church of England.

Let me move on to my second argument and address the substance of the two amendments. I suggest that, if they were made, they would add greater uncertainty to the line of succession. For example, let us consider someone who is brought up as the heir to the throne and is clearly in preparation for that vocation over their lifetime. In the Government’s view, it would make that person’s position, and the position of their immediate family, very difficult, if they could be superseded at any stage by someone who converted from Roman Catholicism to the Protestant faith. By extension, that could also raise the prospect of the reigning monarch being subsequently supplanted by someone who was theoretically higher in the line of succession on that latter person’s converting from Catholicism and joining in communion with the Church of England.

I see that as a major technical problem with the two amendments. I view it as adding uncertainty and I could envisage it leading, in the words of many who have contributed to the debate, to a “constitutional crisis” which I do not see the core Bill providing for.

--- Later in debate ---

[Nicholas Soames (Mid Sussex) (Con)]

I wish to speak very briefly. First, I thank the Parliamentary Secretary, Cabinet Office, my hon. Friend the Member for Norwich North (Miss Smith), for her courtesy and kindness in dealing with the queries that have rained down on her in the course of the debates. I congratulate my hon. Friend the Member for North East Somerset (Jacob Rees-Mogg), who has brought to this debate an inquiring mind, which is necessary when dealing with such matters, and a profound knowledge of history and tradition and everything that goes with them. I also congratulate the hon. Member for Newport West (Paul Flynn), whose contributions are always worth listening to and whom I salute across the House even though I profoundly disagree with him. I always think it must be pretty hard going to be a republican at the time of the diamond jubilee, but he has stuck to his guns nevertheless, as he always does, and it is a pleasure to speak in the same debate as him.

I want only to say that I regret that a Bill that was pretty miserable in the first place has not been improved by its passage through this House, introduced, as it was, by the Deputy Prime Minister as a messy amalgam of political correctness and a desire to interfere. As you know, Mr Deputy Speaker, these are extremely complicated, complex and difficult matters that have served this country very well down the generations. Our old friend the unintended consequence rears its ugly head, I am afraid, very substantially during this debate so we look to their lordships to deal with those matters.

I fear that the word “consultation” has been grossly overused. I would be interested to know the full extent of the detailed consultation that went on in the preparation of this Bill. I believe that consultation with the institutions concerned has been very minimal indeed and it is therefore in my view disrespectful to the institution of the Crown.

The Government are playing fast and loose with the hereditary principle and I look to their lordships to deal robustly with this matter in the other place.