Prince Harry, Meghan Markle and the Sandringham settlement

professor_hazell_2000x2500_1.jpgbob_morris_163x122.jpgFollowing the decision of the Duke and Duchess of Sussex to withdraw from a frontline royal role, the nature and timing of that departure has now been announced. Robert Hazell and Bob Morris explain what the settlement means for both the Sussexes and the monarchy itself. 

When it wants to, the British monarchy can move with remarkable and decisive speed. There were just ten days between the Sussexes unilateral declaration on 8 January and the outcome of the second Sandringham meeting released on 18 January. What has it all been about and how should the immediate and longer-term effects of the settlement be understood?

The settlement of 18 January

Its main features are:

  • The couple will from 1 April 2020 withdraw from active royal duties (including Prince Harry’s honorific military offices), no longer receive public money, surrender use of their ‘HRH’ titles, and seek to become self-sufficient financially.
  • They will live for substantial periods each year in Canada, at a location as yet undetermined.
  • So far as their activities abroad are concerned, they have undertaken ‘to uphold the values of Her Majesty’: this a reference to the Nolan Principles of Public Life.
  • Frogmore Cottage on the Windsor estate will remain their residence in England. They will reimburse the £2.4m public money cost of the refurbishment.
  • The working of the arrangements will be reviewed from 1 April 2021. During this period, the Prince of Wales will continue their funding of £2.3m a year until they become self-sufficient.
  • No constitutional changes are involved, but some possible secondary implications of reducing the size of the active royal family are considered below.

Not settled in the statement are:

  • The Canadian immigration, residential and tax status of the couple – Canada’s leading daily newspaper, the Toronto Globe and Mail, raised some sharp questions on whether they should be allowed to live in Canada and advised that the Canadian government’s response should be a simple and succinct ‘No’. Although the Canadian government has so far been silent, it is expected to have a more welcoming, if cautious, attitude.
  • Meghan’s application for British citizenship – still under consideration, where length of residence outside the UK will be one of the criteria in the balance.
  • How financial self-sufficiency is to be achieved – the reference to upholding ‘the values of Her Majesty’ shows some anxieties about the means that the couple may choose. 
  • The arrangements for police protection – British police officers have no police powers in Canada, nor may they carry firearms. The nature of protection and defraying the considerable costs of providing it remain to be settled.

Immediate effects

While some changes (resigning the post of Captain General of the Royal Marines) will happen immediately from 1 April, withdrawal will be a process rather than an event. It will also be conditional on the progress made. That is, the settlement implies that permission to keep but not use the HRH title can be withdrawn if the Queen is, say, dissatisfied with the way the Sussexes embark on commercial ventures which capitalise on their royal status (HRH status was withdrawn from the wives of the Prince of Wales and the Duke of York following their divorces). Similarly, establishing a review mechanism not only leaves open the possibility of the Sussexes’ return to UK public life, but also a possibility that the settlement’s terms might be tightened if developments are not to the Queen’s satisfaction. Continue reading

Prince Harry and Meghan Markle: why half in, half out just isn’t an option for royals

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Prince Harry and Meghan Markle’s decision to step back from royal duties has been described as a crisis for the monarchy, but they are the ones who are most likely to suffer the damage, as Robert Hazell and Bob Morris explain.

Members of the royal family are in a conflicted position. They lead lives of great privilege, but they also lack fundamental freedoms. They aren’t free to choose a career, they cannot speak freely and they have limited freedom to privacy and family life, which the rest of us take for granted.

Harry and Meghan are not alone in finding that frustrating, Prince Laurent of Belgium is another who is visibly unhappy in the role.

The harsh reality is that younger sons are spares who are ultimately dispensable from a hereditary monarchy: it is only those in direct line of succession who count. As spares they are subject to the same personal restrictions as the immediate heirs, without either the prospect of succession or the freedom to develop truly independent careers of their own.

Other European monarchies (encouraged by parsimonious governments and legislatures) have learned to keep the core team as small as possible. It can be just four people – in Norway and Spain it is the king and queen, the heir and their spouse. In 2019, the King of Sweden removed five grandchildren from the royal family, under parliamentary pressure to reduce its size and its cost.

The UK has a larger population – over ten times the size of Norway – and it could therefore be contended that it makes sense for its royal family to be larger to carry out necessary duties. A bigger team is also required given the realms: the queen is head of state of 15 countries other than the UK, and Prince Charles and his sons make regular visits to countries such as Australia, Canada and New Zealand. In total, 15 members of the British royal family conducted almost 4,000 royal engagements in 2019 alone.

Cutting the spares

Prince Charles is said to want a smaller, streamlined monarchy, perhaps just the core team of the queen, Charles and Camilla, William and Kate: but with a smaller team they could accept fewer royal patronages and fulfil far fewer engagements. It is not clear how far Prince Charles has thought through such consequences any more than Harry and Meghan have thought through the consequences for others of what they want. Continue reading

What are coronations for?

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When the next monarch accedes to the throne, there will likely be a coronation ceremony at Westminster Abbey. Yet the UK is unique in western Europe in having a coronation. What purpose does such an event serve? Bob Morris looks back at past coronations to provide an answer to that question. 

Last summer the Constitution Unit published two reports: one on updating the Accession and Coronation oaths, and a second on Planning the next Coronation. In the course of our work we learned that the UK is alone amongst European monarchies in retaining a coronation. Belgium and the Netherlands have never held them; nor from the end of the medieval period has Spain. There have not been coronations in Denmark, Sweden and Norway since 1849, 1873 and 1906 respectively.

That prompted the question, what is the coronation for? It is a question also put to us by journalists when we launched our reports. This blog post attempts to address the question. At the outset, however, one point needs to be emphasised. In law the coronation does not ‘make’ the sovereign. The monarch succeeds to the throne automatically immediately on the decease of their predecessor. The courts affirmed this position as long ago as 1608 concerning King James I’s succession to Elizabeth I:

‘..the title is by descent; by Queen Elizabeth’s death the Crown and kingdom of England descended to His Majesty, and he was fully and absolutely King, without any essential ceremony or act to be done ex post facto, and that coronation was but a Royal ornament, and outward solemnization of the descent.’

The nature of the rite

The Westminster Abbey coronation is an Anglican religious service centred on the communion. At the same time, it is a great national pageant of costly display and celebration controlled by the government of the day. It is a political as well as a religious event. Not surprisingly, it has been imbued with different meanings by different participants and observers. Continue reading

Reflecting on HRH The Prince of Wales’s Role as Heir to the Throne

sketch.1541418351959To mark the Prince of Wales’s 70th Birthday, Robert Hazell reflects on the difficult role of Heir to the Throne, with reference to the roles of heirs apparent in other Western European monarchies. This comparative material has been assembled as part of our preparation for a forthcoming conference on monarchies in western Europe, to be held next March.

The Prince of Wales is 70 years old today. At an age when most people are comfortably enjoying their retirement, Prince Charles is still preparing to assume the role for which he has been waiting almost all his life. He became heir to the throne in 1952, and so far his apprenticeship has lasted 67 years. In 2011 he became the longest serving heir apparent in British history, overtaking King Edward VII, who spent 59 years in the role.

That is one of the difficulties of being heir apparent: a very long and uncertain period of waiting. Another is that the role is unspecified. The constitution is silent about the role; so it is left to each heir apparent to make of it what they can. Some, like Edward VII, have pursued wine, women and song (and gambling, shooting and racing); others like Prince Charles have a more serious bent, and want to make a contribution to the public good. The difficulty is to find a way of contributing to public life without becoming embroiled in political controversy. Continue reading

Ten things to know about the next Accession and Coronation

robert.hazell.350x350com.google.Chrome.j5urj9Last month Robert Hazell and Bob Morris published two reports about the next Accession and Coronation, which were discussed in a previous blog. Along the way they gathered a lot of extra information, which has now been published on the Monarchy pages of the Constitution Unit website. The following represents a selection of the most frequently asked questions.

1. Will Prince Charles become King Charles III?

Not necessarily. He is free to choose his own regnal title. King Edward VII chose Edward as his regnal title, although hitherto he had been known by his first name of Albert. King Edward VIII also chose Edward as his regnal title, although he was known to his family and friends as David. Prince Charles’s Christian names are Charles Philip Arthur George. Instead of becoming King Charles he might choose to become King George VII, or King Philip, or King Arthur, although Clarence House has denied this in the past.

2. Will the Duchess of Cornwall become Queen Camilla?

Under common law the spouse of a King automatically becomes Queen. But there are two possible reasons why Camilla, who is currently the Duchess of Cornwall, might not assume the title. The first is the argument voiced by the Daily Mirror and Mail Online, that Camilla cannot become Queen because her 2005 civil marriage to Prince Charles was not valid. The argument runs as follows: because the Marriage Acts from 1753 have explicitly excepted royal marriages from their provisions, the only valid marriage which a member of the royal family could contract in England was a religious marriage in the Church of England. The Lord Chancellor in 2005 defended the validity of the Prince’s civil marriage, as did the Registrar General. But if Camilla became Queen, it might provoke further legal challenges. Continue reading

The Crown: What does Netflix’s dramatisation and the celebritisation of an evolving monarchy mean for the royal family in 2018?

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With Prince Philip now retired from his public role and Prince Harry set to marry an American actor in the spring, the royal family has entered 2018 in the midst of a period of change. Yet change is nothing new; the monarchy is constantly evolving. Bob Morris asks where does it now stand and what further changes may be expected? He also discusses the historical accuracy and cultural impact of the popular Netflix drama, ‘The Crown’. 

As the monarchy enters 2018, unavoidable demographic effects are becoming more apparent. The Queen is now 91 and Prince Philip has announced his retirement from official duties at the age of 96. The Queen remains commendably diligent in her public duties, notching up nearly 300 engagements in 2017, although none of those took place abroad. There it is evident that the Prince of Wales (himself close now to 70) has increasingly taken up the burden, assisted principally by the Duke of York and the Princess Royal. As in recent years, the latter continues to be the busiest member of the family for domestic engagements.

There continue to be small, mostly low-voiced susurrations of speculation about whether the Queen will herself ‘retire’ in some way when, for example, she reaches her husband’s age; whether she will be succeeded by Prince William rather than by Prince Charles; whether the new king would remain Head of the Commonwealth; and at what point any of the fifteen Commonwealth states where the Queen remains monarch (known as the realms) will turn themselves into fully-fledged republics. Continue reading

Reigns in Spain and the ‘A’ word (again) in the UK

Robert Morris explains why the abdication of the Spanish King is unlikely to lead to a similar move by Queen Elizabeth II.

The recent announcement of the abdication of King Juan Carlos of Spain in favour of his heir, Felipe, has renewed discussion about abdication in the UK. Indeed, the abdicating King – anxious no doubt to make the best of a not very happy job – is reported as saying: ‘I don’t want my son to grow old waiting like Prince Charles’. Despite substantial demonstrations in favour of a republic, the abdication seems to be proceeding.

Will it happen here? Will Elizabeth II make way for her heir, Prince Charles? The present consensus is that it will not. This is hardly news. But there are two new twists offered on the usual account that it will not happen because the Queen believes she has to serve for the whole of her life.

Religion makes abdication impossible

The first twist is the suggestion by the Daily Telegraph that abdication is actually impossible because, unlike the Spaniards, the Queen has been consecrated in the religious ceremony of the coronation and the British monarchy is therefore ‘a sacerdotal system’. This was not the case with her uncle, Edward VIII, because he left the throne before becoming an anointed ruler as the result of a coronation ceremony. He was, however, undoubtedly King – a fact of law in no way dependent on coronation. This fact may be taken to emphasise that in UK law the sovereign occupies first and foremost a secular public office.

Continue reading

The UK Monarchy: Moving to a regency that dare not speak its name?

Bob Morris

The recent consolidation of the Queen’s and the Prince of Wales press offices under the Prince’s former press secretary and a YouGov poll(i) apparently showing warmer feelings towards the Prince’s deputising increasingly for his mother draw attention again to the gradual anticipatory transfer of functions between the Queen and her heir. How constitutionally is all this to be understood?

Abdication – the ‘A’ word

We are firmly told there isn’t going to be one. The Queen swore to serve all her days and she continues to mean it. Some other – lesser? – monarchies use abdication to pass on the throne to mature heirs with yet many years still in front of them(ii) and before the abdicator is senescent. That way the crown may still be held for decades and the appearance of continuity – thought to be one of monarchy’s advantages – preserved.

In such cases, abdication has been a response to generational arithmetic which, if its course is not revisited, could with modern longevity result in a succession of gerontocrats.(iii) Thus without an ‘A’ event and, just taking an example almost at random, it is possible to imagine a monarch plausibly likely to survive until a few years past their centenary to be succeeded by an octogenarian ruling for a decade or so to be succeeded in turn by a mere sexagenarian pushing 70 themselves succeeded by a similar aged heir.

Vernon Bogdanor is not moved by the arithmetic argument: ‘…the notion of abdications strikes at the heart of the British monarchy. For it implies that monarchy is a vocation that one can choose or abandon at will.//As soon as the monarchy becomes a matter of choice, its usefulness is greatly lessened’.(iv) But the first point naturally raises the question whether monarchy is not in the end a public office like any other public office. If so, then the view of the office holder would normally be subordinate to the interests of good government – and not entirely without regard either to the demands upon the incumbent in their old age. The second point – utility – raises just what, constitutionally, monarchy nowadays does – a point dealt with further below.

Regency

The law is clear: there can be a regency only when it can be authoritatively certified that one is necessary because of the mental or bodily infirmity of the sovereign (or for some other definite cause). The Regent has to be able to satisfy all the normal requirements for succession (Including not being a Roman Catholic but being in communion with the Church of England) and swear the relevant oaths. Prohibited from assenting to Bills changing the succession or reneging on the constitutional guarantee to the Church of Scotland, the Regent otherwise assumes all the sovereign’s functions.

Happily, the statutory criteria for a regency cannot at present be satisfied. There may come such a day but, without mental infirmity for example, bodily infirmity would have to be quite extreme to render the sovereign ‘incapable for the time being of performing the royal functions’ – the key statutory test. At what point, for example, would the sovereign become incapable of signifying assent – what sufficient minimal physical gesture, and as assessed by whom – to statutes, orders in council, church and other appointments recommended by ministers?

Short of becoming regent, an heir has no ‘hard’ constitutional position except to represent the sovereign for purposes that do not require the exercise of powers only the sovereign can exercise.(v) In a modern ‘welfare’ monarchy, this leaves quite a lot of room in the case of general ‘public duties’. For example, there is no reason why the heir could not read the sovereign’s speech at fresh Parliamentary sessions. Similarly, the heir could represent the sovereign at a range of public events varying from the annual review of the household regiments to attending the annual assembly of the Church of Scotland or leading on inward and outward state visits. The heir has already substituted for the sovereign at the biennial Commonwealth Heads of Government Meeting.

Present position

What seems to be happening is a movement to co-reigning where the sovereign is closely and explicitly shadowed by the heir but as the junior partner. The talk of an imminent ‘soft’ regency that is sometimes heard seems misplaced because no transfer of constitutional power is involved. There are ancient precedents for co-reigning monarchs but in very different circumstances: the aim seems mostly to have been to signify a preferred succession in turbulent times rather to arrange any real, immediate transfer of authority. Nonetheless, what is on hand does seem to be more a species of co-working than any other recognisable model.

Does any of this matter?

Were the sovereign still also the chief executive, then wooliness would be best avoided. Situations where there could be doubt whether an ageing sovereign could be relied upon to rein in a reckless heir’s dabbling in military matters or plundering the treasury cannot now arise. This is because the monarch is no longer the chief executive of the state: the modern head of state function in the UK is nowadays best understood as the hereditary president of a de facto republic.

The former key constitutional functions of granting Parliamentary dissolutions and selecting prime ministers no longer exist: the first was removed by the Fixed-term Parliaments Act 2011 (which substituted a statutory procedure) and the second by agreed procedures for government formation set out in a Cabinet Office Manual. The royal assent to Bills has long been a routine formality and, it has recently been argued, is ripe for statutory regulation.(vi) Otherwise no constitutional or executive function is exercised except on the advice of responsible ministers. Nonetheless, as Vernon Bogdanor points out, there are certainly important monarchical functions left, chief among them being the relationship with the prime minister, head of state in fifteen other Commonwealth ‘realms’ and headship of the Commonwealth itself. In addition, the crown is one of the few institutions operating throughout the UK. Though the longer term range of the role must be in doubt, the sovereign remains also involved in forms of UK-wide civil religion.(vii) The ‘welfare’ monarchy may beneficially continue to draw attention to causes that otherwise might struggle to obtain recognition. Helping an ageing sovereign more closely has advantages for both the sovereign and the heir, and co-working prepare the way more acceptably for accession – even to the point perhaps of smoothing passage to headship of the Commonwealth for accession to which there are, as yet, no agreed rules.

It seems, therefore, that the nation can expect a period of experimentation with co-working where, perhaps opportunistically, roles are transferred in relation primarily to public duties. One outcome should be a better prepared heir. Another – when that heir succeeds – might be a fresh look at the merits of resort in the long run to abdication as a part of succession planning.

Footnotes
(i) ‘Feet up, Ma’am, Let Charles do the work, Sunday Times 26 January 2014.
(ii) Thirty-two years each in the case of Queens Juliana and Beatrix of the Netherlands.
(iii) See Robert Hazell’s post – ‘Shouldn’t we allow our monarchs to abdicate, like the Dutch’ – 19 February 2013.
(iv) Daily Telegraph 20 January 2014.
(v) Brazier R. (1995) ‘The constitutional position of the Prince of Wales’, Public Law, 401-416, discusses the then minimal substance, a discussion taken further in Evans v Information Commissioner [2012] UKUT 313 (AAC). See also Perry A. (2013) ‘Constitutional Conventions and the Prince of Wales’, Modern Law Review, 1119-1128.
(vi) Brazier R. (2013) ‘Royal Assent to legislation’, Law Quarterly Review, 184-204.
(vii) For a recent discussion, see Bonney N. (2013) Monarchy, Religion and the State: Civil religion in the United Kingdom, Canada, Australia and the Commonwealth (Manchester, Manchester UP).