I had no intention of contributing to this thin Bill’s passage through the House of Commons. In fact, it was only last week, one lunchtime, that I looked at it and decided to do so because I could see a
problem with it. Of course, it was also because I wanted to help my coalition partner, the Deputy Prime Minister, and to give him the same easy time that he gives us, by making sure that the Government were given some helpful hints on the Bill during its passage. I agree with the principle of what we are trying to achieve and totally support the Government’s policy on this. However, experience from my previous life, and, I suppose, from my current life—I should declare that I am a member of the Queen’s Bodyguard for Scotland—means that I recognise that there are many foibles in modern and historical changes to the constitution. Making changes is easier said than done.
Wanting to be helpful in last week’s debate, I raised some concerns about the other titles and assets that accompany the sovereign. It is easy to talk about changing the succession without realising that our monarchs are more than that—they have other titles, such as the Duke of Rothesay, the Earl of Carrick, the Duke of Lancaster and the Duke of Cornwall. Some are merely titles without asset, while some are titles with asset, but they are all very important. They are regulated by more people than just one Government lawyer. I am surprised by the lack of consultation with key people such as the Lord Lyon King of Arms in Scotland and the Garter Principal King of Arms in England. These people monitor and, in effect, register letters patent to make sure that the power and extent of a title is upheld. This is not as easy as saying that we can change the succession and everything else will fall into line. I am therefore hoping for clarification from the Government.
My right hon. Friend the Member for Carshalton and Wallington (Tom Brake) gave the example of one or two Scottish titles that can follow through the female line. That is absolutely correct, as in the case of titles such as the Countess of Mar—one of the oldest titles in Britain. However, my right hon. Friend missed out the fact that that takes place only when there is no male heir as a sibling; when there is, they will get the title under the rule of primogeniture. We have heard the example of what would happen if the Duke and Duchess of Cambridge had a son and an older daughter, and I assume that the son would be likely to continue to inherit the other titles.
The Duchy of Lancaster and the Duchy of Cornwall are titles that come with asset, and they have a very significant impact. I understand the Government’s line, and I accept that it is likely—almost certain—that the monarch will continue to enjoy the incomes from those assets, but not necessarily the assets themselves and control over them. A situation could arise whereby the Duchy of Lancaster’s assets, which are considerable— the latest valuation is over £400 million—reside with the son, but the income is diverted to the monarch. That is fine the first time round, but the second time round, when the son of the son has the asset, the asset will get further away from the title, as will the control that may go with it, and the process will continue.
We need to know that the Government—I urge the other House to make sure that this is the case—have consulted the deeds patent under which these titles are issued, and the duchy chronicles and charters of the 15th and 16th centuries that set out what conditions are attached to the Crown. If we do not get this right, it could come back to haunt us at a later date. I urge the Government to make sure that clarity is provided to the other place by the time the Bill arrives there.
7.49 pm