Proceeding contribution from Chris Bryant (Labour) in the House of Commons on Thursday, 1 July 2010. It occurred during Adjournment debate on Act of Settlement.
Act of Settlement
I do not think that it would be, but I happen to know that some of those discussions have already happened with many parts of the Commonwealth, and I do not see any reason why we would not be able to proceed fairly swiftly. It is worth pointing out that, for the abdication of Edward VIII, we had to ensure that the rest of the countries to which my hon. Friend referred also subscribed to the change of monarch, so that not only Edward VIII, but any of his children or successors would also be barred from the succession. I therefore do not think that the issue that my hon. Friend has raised is too much of a problem, although I will come to some of the problems that I think the Minister might raise a little later. The other point is that it is not just Catholics, but Muslims, Jews, Unitarians and Quakers who are all barred from being the monarch, either by virtue of the fact that the law expressly says that they have to be in communion with the Church of England or by virtue of the fact that they have to make a series of oaths that they would not be able to make. In addition, we have this ludicrous process of certification by the Lord Chancellor of those in line to the throne. The state in this country should not be deciding who can marry; the Crown should not be deciding which distant relative is able to marry or whom they can marry. That should surely be something of the past; indeed, it was much criticised in 1772 as well. We also have a series of oaths, including a Protestant declaration, an oath in defence of the Church of England and an oath in defence of the Church of Scotland, which are made at different times—either in a Privy Council meeting, at the coronation service or at the first meeting of Parliament—but this is all hideously anachronistic now. We have protection for the Churches of Scotland and England but, to be honest, I think that the Churches of Scotland and England can defend themselves. There was a time, in the 13th century and the early 14th century, when the lower clergy, as well as the prelates, of the Church of England were invited into Parliament, but that has long gone. I hope that in the near future we will see the end of the prelates in Parliament, but it is surely time to give the Church of England and the Church of Scotland their own protection without any special pleading. It is also wholly wrong to have a male preference in the line of succession. Now is the time to change this, before the young princes have children—just in case they were to have a daughter before they had a son, whereupon there would suddenly be a constitutional crisis. In other countries that have changed the law, they have sometimes had to do so when they are already effectively changing the next in line to the throne. I think that it would be better to do it now. What would I like to see, then? First of all, we should remove all objectionable references to Catholicism from our constitutional settlement. That means significant repeal of large elements of the Act of Settlement 1701. Before anybody says, "But the Act of Settlement is quintessential to our national identity; this will be undoing and rubbing out parts of our history," it is worth noting that we have already rubbed out large parts of that history. One element of the Act of Settlement states that the monarch should never be allowed to travel abroad without permission of the House of Commons. That was repealed many years—indeed, several centuries—ago, and rightly so. We need to make sure that our constitution is silent—absolutely silent—on this matter, so that there is equality for all. Secondly, I believe that we should have a new single accession and coronation oath. This oath should be determined by this House—not by the heir to the throne; not by the monarch when he or she decides to come to the throne; and not by the Archbishop of Canterbury in consultation with anybody. It should be determined by this House, as has been our history and our tradition. I think the oath should be made between the monarch and Parliament, all sitting together, having been previously determined by us. Thirdly, we need to remove all references to marriage. We need to repeal the Royal Marriages Act 1772. We need to make sure that any member of the royal family or anyone in distant line to the throne—it is remarkable, looking down the list, who is still caught by this provision—is free to marry precisely as they want to. We should establish in our constitutional settlement absolute, straightforward equality between men and women. I was contacted by Hansard and asked whether I could provide a copy of my speech. I pointed out that it was unusual for Members to read out their speeches—indeed, it is proscribed—but Hansard said, "Well, it is absolutely certain that the Minister will read out his speech, so he is likely to send it to us beforehand." I hope he has not, as I want him to respond to the things I have said. I suspect, however, that one thing he might say is, "Yes, but this is awfully complicated, as there are so many bits of legislation." I hope he will not do this, but he might go through all the legislation with which I have already bored the House. I hope he is not suddenly going to say, "Aha, the hon. Member has left out Princess Sophia's Precedence Act 1711." I can see from the Minister looking through his notes that he was toying with mentioning that Act. To be honest, when I have heard Labour Ministers advancing from the Government Benches the argument that it is all too difficult, I have said, "Poppycock. Absolute tosh. Posh tosh maybe, but absolute tosh." I know that the Minister is a stout, worthy, independently minded person, who is determined to see reform in many things. He is bringing forward, I hope, many pieces of legislation that we will be able to support. I hope he is not going to advocate delaying "because it is so awfully difficult in the Commonwealth" or say that we do not want to open up this Pandora's box. If he is thinking of invoking Pandora's box—it has been written into many Ministers' speeches in the past—let me point out that at the bottom of that box is one important thing: hope. I very much hope that the Minister is going to open Pandora's box so that we can move forward. There are many people—not just Catholic prelates, not just Catholic priests, not just Catholics—who find it deeply offensive that we retain a piece of legislation that we could change, which would bring in full equality. I hope that this Minister will be like Alexander and cut through the Gordian knot. It will be a simple piece of legislation. Many others have brought forward legislation before and Labour Ministers have found ludicrous reasons for saying no to them in the past. I hope that this Minister is not going to be like that, and I hope that we shall be able to say of him, as the Archbishop of Canterbury said of Henry V in Shakespeare's play "Henry V",""Turn him to any cause of policy,""The Gordian knot of it he will unloose,""Familiar as his garter"."
Secondary information
- Type
- Proceeding contribution
- Reference
- 512 c1107-9
- Session
- 2010-12
- Chamber / Committee
- House of Commons chamber
- Subjects
- Church of England Catholicism Church and state Monarchy Succession Roman Catholic Church
- Legislation
- Coronation Oath Act 1688
- Royal Marriages Act 1772
- Act of Settlement 1700
- Link
- View this Proceeding contribution on www.publications.parliament.uk
Librarians' tools
- Timestamp
- 2023-12-15 17:13:30 +0000
- URI
- http://data.parliament.uk/pimsdata/hansard/CONTRIBUTION_651354
- In Indexing
- http://indexing.parliament.uk/Content/Edit/1?uri=http://data.parliament.uk/pimsdata/hansard/CONTRIBUTION_651354
- In Solr
- https://search.parliament.uk/claw/solr/?id=http://data.parliament.uk/pimsdata/hansard/CONTRIBUTION_651354