My Lords, my amendment has been grouped so that the first and last stand together. My noble friend has fully explained the circumstances that make the amendment necessary. He has traced the
identification of the monarch from the Act of Settlement through various other Acts to the present. The question is whether that is a continuous and incontestable line or whether there is doubt thrown upon it. He has demonstrated that there is doubt—a point that I picked up in Committee. Doubt is thrown on it by the Human Fertilisation and Embryology Act 2008. We have discussed that in Committee but there are rather more noble Lords here than there were on that day, so it is worth repeating that Section 48(7) of the HFEA 2008 recites what is not to be altered or touched by what is in that Act.
The two things caught out are titles and other honours. To the lay mind, that does not embrace the possession of the Crown, which is the subject of this Bill, and therefore does not seem to offer any of the protection that my noble and learned friend the Lord Advocate says that it offers. I cannot see the principle by which it could. The principle will apply to the 1987 Act—that is in the same letter from the Lord Advocate referred to by my noble friend. Another letter refers to “us”—being the Government—and the Lord Advocate says that the, “lesser includes the greater”. I think that was the phrase. If that is right, my noble and learned friend should know that that brings instantly to my mind an image of a bar, other than the one to which he was called, and a quart being poured into a pint pot with an awful mess on the taproom floor. The greater surely includes the lesser, rather than the other way round. However, that is irrelevant because that referred to another Act, and he did not advance that argument in the case of this Act.
My simple point is that the Act that the Government say purports to provide protection for the succession of the Crown does not do so. It specifically mentions other objects. Incidentally, my noble and learned friend referred to this in Committee, almost subliminally. If I were a psychiatrist, I would be interested to know how he would interpret the fact that he said:
“The Bill will maintain the position under the Adoption Act and the Human Fertilisation and Embryology Act 2008 referred to above. It will not change the way the Crown, or titles”—
not “and”, but “or titles”—
“or dignities, descend”.—[Official Report, 28/2/13; col. 1217.]
It seems to me that that betrays the fact that it is a separate concept; it is not contained in that definition. Therefore, I ask my noble and learned friend to consider before Third Reading putting in the words of my amendment, which would clarify this beyond doubt. Even if my noble and learned friend and the Government think that this is unnecessary—like him, if I embrace the lesser and the greater—it is still not harmful. If they are wrong and we are right, it needs to be done.