My Lords, I thank my noble friend Lord Cormack for introducing this amendment and allowing the House a further opportunity to discuss what, from our debates at Second Reading and in Committee, is quite clearly a very sensitive subject and one that quite properly has engaged the interest and concern of a number of Members of your Lordships’ House. Like the noble Baroness, Lady Hayter, I particularly thank the right reverend Prelate the Bishop of Guildford for giving us the benefit of his rich experience and giving us an understanding of how these matters are approached by the Roman Catholic Church. It has helped to inform our debate.
As I understand the position, my noble friend Lord Cormack seeks to give guidance to any royal couple who find themselves in a mixed Protestant/Catholic marriage as to the expectation that a child be brought up as a Protestant if they are one day to accede to the Throne. Perhaps the first thing I should make clear—indeed, my noble friend Lord Crickhowell summed it up very well—is that the relevant legislation simply requires the sovereign to be a Protestant and in communion with the Church of England. There is no statutory provision that the heirs should be brought up as Anglicans. The important point is that the sovereign be a Protestant. Therefore they could be brought up as a Methodist or, like my noble friend Lord Kilclooney, as a Presbyterian. That is the position. The Act of Settlement also requires the sovereign to be in communion with the Church of England. There is no statutory provision with regard to being an Anglican.
That point should also reassure the noble Baroness, Lady Flather, if it is reassurance she is seeking, and indeed the noble Lord, Lord Kilclooney, that there is nothing in this Bill that changes the position that the sovereign must be a Protestant. Given that requirement, the expectation is also clear that should royal parents in a mixed marriage wish for their child one day to accede to the Throne then they must be Protestants. I am sure that it is a matter that a couple will consider very carefully indeed. As was clear from what the right reverend Prelate said, couples throughout the land in mixed marriages have these considerations. As the representatives of the Bishops’ Conference of the Roman Catholic Church said to me when I met them, the overriding concern is the indissolubility of marriage and unity of the partnership and, as the right reverend Prelate said, the importance of praying with the family for the grace of Christian unity as the Lord wills it. That is the background. It is a choice. It is a position that royal parents know they must address.
My noble friend Lord Marks very eloquently and very concisely highlighted the serious practical difficulties that could arise if my noble friend’s amendment was to be incorporated into the Bill. Who would determine whether the upbringing continued to be Anglican? It is important to note the consequences of my noble friend’s amendment. As drafted, it would not only be the child’s prospects of succession that were affected if they were not being brought up as an Anglican; it would also mean that the parent who was in the line of succession to the Throne would have to drop out if the maintenance of the upbringing was not continued. As the noble Lord, Lord Fellowes, indicated, that would
affect the succession to the Throne as someone would have to cease to be in the line of succession and that would engage the other 15 realms. Therefore it is not something that is purely a domestic matter.
I note that this amendment would apply to children born of mixed Catholic/Protestant marriages only, not for example to a mixed Protestant/Muslim marriage. The intention of this Bill in one of its parts is remove a specific piece of anti-Catholic legislation with regard to the bar on heirs to the Throne marrying Catholics. It is a bar that applies to Catholics only and to no other faith. I believe it would be unsatisfactory on the one hand to repeal a piece of discriminatory legislation only to replace it with a new stricture that would apply only to those entering into mixed Catholic/Protestant marriages. Indeed, at Second Reading my noble friend Lady Falkner of Margravine highlighted something that exists today—that is, people entering into mixed Protestant/Muslim marriages.
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I indicated that I met representatives of the Catholic Church on this matter and was assured that, in the instance of mixed marriages, the approach of the Catholic Church is a pastoral one. As the right reverend Prelate indicated, a Catholic parent does not fall subject to the censure of canon law if the child of a mixed marriage is not brought up as a Catholic.
I believe we have a very clear signal that the overriding concern in Catholic pastoral guidance to couples in mixed marriages is the unity and indissolubility of the marriage. We have also had a very clear signal from the Church of England that the present prohibition is not necessary to support the requirement that the sovereign join in communion with the Church of England. Given that, I can see no reason not to remove this piece of discriminatory law or indeed remove it with a discriminatory proviso added.
My noble friend Lord Cormack asked about Third Reading. My understanding is that these things go through other channels but that it will not be before the recess. If my noble friend wishes to engage further with me on this, I shall certainly be happy to do so. However, from what was said by the right reverend Prelate and from what has also been said about the workability of my noble friend’s amendment and the uncertainty that could arise from it, I hope that he will be willing to withdraw it, bearing in mind, too, that the sovereign must be a Protestant. That requirement is to remain solidly placed in law, as ever, and it is not affected by the provisions of this Bill.