UK Parliament / Open data

Succession to the Crown Bill

My Lords, my Amendment 13 is in this group. I apologise to my noble friend Lord Lang of Monkton for moving in the opposite direction—whereby the number of persons in line to the Throne would be decreased, rather than increased—particularly after his wonderful history lesson.

I want to reduce the impact of Clause 3 on Clause 2, and I worry that the current number of six is likely to be in contravention of the European Convention on Human Rights, which, under Article 12, provides for the freedom of marriage. Amendment 14, which states that,

“Any provision of the common law requiring any person to seek the consent of Her Majesty before marrying is abolished”,

has been brought to my attention by the eminent lawyer, Graham McBain, with whom the Minister is familiar through contact with the noble Lord, Lord Carlile. This point was referred to by my noble friend Lord Carlile at Second Reading. Even before the Royal Marriages Act 1772, the sovereign had a right, and exercised it, not under statute but under the common law, to prevent marriages of other members of the Royal Family—for example, to prevent the Queen Mother from remarrying. This right, as I understand it, still applies, whereby under the common law the sovereign could enforce his or her consent to the marriages of brothers, sisters, cousins and so on. Therefore, as the noble Lord, Lord Carlile, said at Second Reading, this right should be abolished. That is the purport of my amendment.

Type
Proceeding contribution
Reference
743 c1237 
Session
2012-13
Chamber / Committee
House of Lords chamber
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