Consenting Adults

By Jeremy Sare

Any day, another Royal story.

Britain’s view of the Royal family is mainly that they are a very popular anachronism of the past: good business for the tabloids and the tourism industry. The regular Jubilees, and less regular weddings and funerals, are also a very welcome source of public holidays.

We have all been taught in our history lessons that her Maj’s position is symbolic and she has no right or inclination to tamper with or influence legislation. Her only involvement is for the historic and quaint formality of granting Royal Consent, where, for no good reason, the clerks still write the laws in Norman French on goatskin.

But we have now discovered great tracts of new law are subject to the Queen’s, and by extension, Prince Charles’s Consent.

Officials in the Ministries have been following ‘discrete’ guidance for many years which dictates early consultation with the Monarch on any legislation which could impact on the Queen or Charles’s vast incomes. Charles’s Duchy estates are estimated at £700m and the Queen is the world’s richest woman.

The Guardian newspaper discovered Ministers had, on 17 occasions since 2005, written to Clarence House and begged humbly for Charles to oblige them his approval. It would seem this ‘power’ was granted to Edward III’s son in the 14th Century and was not rescinded even by the great Parliamentary reformer (among other things) Oliver Cromwell.

On the face it, there can hardly be a more outrageous example of the right of Royal privilege and protection of patronage over the democratic will of the people.

But to some extent the issue depends rather on what Charles’s behaviour has been when granted this opportunity to meddle in the laws of the land. Either he always let the Bills through unquestioningly and slightly annoyed at the fuss. Or he took the opportunity to express his misgivings, concerns or outright opposition to various measures on planning or employment law.

Unfortunately Charles’s previous form would suggest he took enthusiastic advantage of sounding relevant for once. Despite the convention for the monarch and heir to remain neutral in all matters, HRH has bombarded Whitehall offices for years with his rambling letters of complaint known as the ‘black spider memos’.

The reaction from Ministers said a lot. They took immediate steps to suppress the guidance and have just been told by the Information Commissioner they must divulge it. They have until the 25 September but will resist heartily yet.

As Charles himself is prone to say “It really is appalling.”

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