Choosing a Prime Minister: their exits and their entrances

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Seventeen of the Prime Ministers to take office since 1900 left office for reasons other than defeat at a general election. In this blogpost, Rodney Brazier, author of the recently published Choosing a Prime Minister, reflects on how those Prime Ministers have secured and surrendered the keys to Number 10, and the Queen’s role in their appointment.

It’s unlikely that Boris Johnson spends much time thinking about the next election. Thanks largely to him the government obtained an 80-seat Commons majority at the polls just over six months ago, and each member of his Cabinet gave pledges of personal loyalty before getting their jobs. What could possibly go wrong? But if any of his close advisers were to read my book Choosing a Prime Minister then brows might furrow. The book notes that 17 of the two-dozen individuals who have occupied Number 10 since 1900 were forced to leave without any push from the voters. Illness or old age, revolts in the governing party, loss of the confidence of the House of Commons, or personal political blunders all contributed to that high total. Indeed, three of Johnson’s four immediate predecessors (Tony Blair, David Cameron and Theresa May) quit without the electorate’s help. Ill health and party coups were the main, but not at all the only, causes of all those 17 exits. Johnson himself had a brush with death in March. I would bet good money against the present Prime Minister leading the Conservatives into the next general election.  Continue reading

‘Palace letters’ show the Queen did not advise, or encourage, Kerr to sack Whitlam government

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Four decades after the dismissal of the Whitlam government, letters between the Palace and the Governor-General of Australia have been made public. Anne Twomey explains that they show the Queen acted properly, neither advising nor encouraging the government’s dismissal, recommending simply that he obey the Australian Constitution.

For more than four decades, the question has been asked: did the Queen know the governor-general, Sir John Kerr, was about to dismiss the Whitlam government, and did she encourage or support that action? The release of the ‘palace letters’ between Kerr and the palace can now lay that question to rest. The answer was given, unequivocally, by the Queen’s private secretary, Sir Martin Charteris, in a letter to Kerr on November 17 1975. He said:

‘If I may say so with the greatest respect, I believe that in NOT informing The Queen what you intended to do before doing it, you acted not only with perfect constitutional propriety but also with admirable consideration for Her Majesty’s position.’

Certainly, Kerr had kept the palace up to date with the various developments in Australia. While governors-general usually communicate with the Queen only three or four times a year during ordinary times, it is common during a crisis for updates on the political situation to be made every few days – particularly if there is a risk of the Queen becoming involved or the exercise of a reserve power drawing the palace into the crisis.

In 1975, there were multiple issues that might have drawn the palace into the crisis. First, there was the question of whether Kerr should exercise a reserve power to refuse royal assent to an appropriation bill that had been passed by the House of Representatives but not the Senate. Fortunately, Whitlam dropped this idea, so that controversy disappeared.

Then there was the question of whether state premiers would advise state governors to refuse to issue the writs for a half-Senate election, and whether Whitlam would then advise the Queen to instruct the governors to issue the writs. This didn’t happen either, because Whitlam did not get to hold his half-Senate election. But the prospect was enough to worry the palace. Continue reading

What happens when the Prime Minister is incapacitated?

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Boris Johnson’s admission to hospital has led to speculation about who is ‘in charge’, if he is not able to fulfil his duties. Former Unit Director Robert Hazell outlines the constitutional position when the serving Prime Minister is incapacitated, arguing that our parliamentary system allows for greater flexiblity than a system in which a president is directly elected.

Since Boris Johnson was admitted to an Intensive Care Unit, the airwaves have been full of speculation about how government will be conducted in his absence, and what would happen if his condition worsens; or worse still, if he fails to recover.

When he formed his government, Boris Johnson appointed Dominic Raab as First Secretary of State as well as Foreign Secretary, and when he went into intensive care Johnson asked Raab to lead the government in his absence. So Dominic Raab will chair meetings of the Cabinet and the main Cabinet committees, and at the end of the discussion he will sum up and pronounce their collective decision. He will represent the government at its regular COVID-19 press briefings, unless he invites another minister to do so: as Johnson himself did in asking Health Secretary Matt Hancock to talk about health issues. And Raab will lead on all the government’s day-to-day business, and in responding to any other emergencies: for example, convening meetings of the National Security Council if there is a flare-up in the Middle East. In all this he will be supported by Sir Mark Sedwill, now a very experienced Cabinet Secretary, and the staff of the Cabinet Office, as well as the civil servants and political staff in Number 10.

What will happen if Johnson is ill for longer than expected? The Cabinet would then have to discuss whether to continue with these temporary arrangements, or start to consider a longer term solution if it seemed unlikely that Johnson could return to office. That leads on to the further question, what would happen if Johnson failed to recover. In those circumstances the Cabinet would then discuss who should be appointed as his successor, and would advise the Queen accordingly. Back in 1963, when Harold Macmillan reluctantly resigned from his hospital bed, it was the party elders (led by the Lord Chancellor, Lord Dilhorne) who took soundings of the Cabinet, leading to the Queen being advised to appoint Lord Home as his successor. But party leaders are now elected by the party membership rather than emerging through secret soundings, which can lead to a much longer process, typically lasting three months if the leadership election is contested. However, these would be difficult circumstances in which to hold a leadership contest, and it is notable that since the change in their rules the Conservatives have twice managed to choose a new party leader without reference to the wider membership – Michael Howard being elected unopposed in 2003, and Theresa May in 2016, when two of her rival candidates were eliminated in the initial votes by MPs, and two other candidates withdrew. Continue reading

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 Andrew: six lessons for modern monarchy

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Prince Andrew has withdrawn from public life and his royal duties. Robert Hazell, who has just completed work on a comparative study of European monarchies, offers six lessons that the monarchy can learn from the events that led to the prince leaving a front-line royal role.

Following the announcement that Prince Andrew is to withdraw from public life, we have been putting the finishing touches to a book about the constitutional monarchies of Europe, to be published next year by Hart. So it seems a suitable moment to reflect on some of the comparative lessons we have learned, and to ask whether the situation Prince Andrew finds himself in could have happened in any of the other European monarchies. The short answer is that it could have happened in any one of them, and the response would have been equally swift. We put our royal families on a pedestal, and expect them to be models of good behaviour – something we do not seem now to expect of the politicians who are our real rulers. So one of the many paradoxes of monarchy is that this seemingly unaccountable institution, based upon heredity, in practice has proved to be quite closely accountable: a point returned to at the end of this post.

Our comparative study looked at seven other constitutional monarchies in Europe, in addition to the UK. In 1900 every country in Europe was a monarchy, save for just three: France, Switzerland and San Marino. By 2000 most countries in Europe had become republics, with the only exceptions being the Scandinavian monarchies of Denmark, Norway and Sweden, the Benelux countries of Belgium, the Netherlands and Luxembourg, Spain and the UK. These monarchies have survived partly for geopolitical reasons, most of the other European monarchies having disappeared at the end of the First or Second World Wars. But they have survived also by being quick to reject royals who step out of line, or in Prince Andrew’s words ‘let the side down’: modern monarchy depends ultimately on the support of the public, and it has to be keenly responsive to public opinion. So what are the lessons to be learned from these other monarchies; and what risks do they face in the future?

Lesson One: keep the Firm small. The greater the size of the royal family, the greater the risk that one of its members may get into trouble and cause reputational damage; and the greater the risk of criticism about excessive cost, and too many hangers-on. So in Norway the royal family consists of just four people: the King and Queen, Crown Prince and Princess. And in Sweden last month the King, under political and parliamentary pressure, removed five of his grandchildren from the royal family, and dropped their HRH titles. But the size of the royal family will vary depending on the size of the country concerned. The UK, with a population more than 10 times that of Norway, needs a larger royal family to fulfil all the demands for royal patronage and visits. The Norwegian royals carried out 866 public engagements last year; the British royal family conducted over four times that number, with around 3,800 engagements. And the Firm is four times the size, with 15 members of the family undertaking public duties (reduced to 14 now that Prince Andrew has withdrawn). Continue reading