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The Catholic hopes for end to 'grubby secret'
Not a crown for Roman Catholics |
When it comes to constitutional change, Tony Blair has proved himself more radical than most.
New Labour's shake-up in the House of Lords, with the ejection of nearly all hereditary peers, is testament to that.
So it will surprise many that the prime minister is refusing to back efforts to repeal a 300-year-old law that has been called Britain's "grubby little secret" because of its blatant religious discrimination.
The law in question is the Act of Settlement 1701 and the offending clauses prevent the monarch marrying a Roman Catholic.
 No-one of good will could justify the Act of Settlement  |
| Cardinal Winning |
(Incidentally, a Humble Address is another peculiar slice of parliamentary tradition. Before parliament can debate issues relating directly to the monarch it must ask Her Majesty's permission.)
The Act of Settlement was drawn in the time of William III, when religious intolerance was a clarion call to the common man.
Lord Forsyth: The act is a 'grubby little secret' |
Its wording was blunt but effective, barring anyone from becoming king or queen if they "profess the popish religion or shall marry a papist". The result was to usher in the House of Hanover in 1714.
But that was three centuries ago. Today Britain is a multi-cultural society and as Lord James Douglas Hamilton, Tory whip in the Scottish Parliament, points out "the heir to the throne can accede if he marries a Muslim, Hindu, Buddhist, Moonie, Scientologist, atheist or sun-worshipper, but not a Catholic".
Last month he signed a motion calling for a repeal of the law, along with a majority of MSPs including many Conservatives and SNP members.
Indeed the issue has been emotive north of the border, where there are proportionately more Catholics than England and Wales. Cardinal Thomas Winning, Archbishop of Glasgow, recently called the law an "embarrassing anachronism".
"No person of good will could justify the Act of Settlement as it's currently formulated since it quite clearly discriminates against Catholics. As such it should be amended."
Roddy Martine: The time is not right |
Speaking recently, Tony Blair, whose wife Cherie is a Catholic, said: "The act does not prevent members of the Royal Family from becoming or marrying Roman Catholics, but does remove them from the line of succession."
However the government's objection appears to be based on the heavy workload involved in changing the law.
Mr Blair said altering the law would be a hugely complicated process involving changes to nine separate pieces of legislation. The government has already embarked on a heavy legislative programme with 28 bills to see through.
Joe Jacob, an expert in constitutional law at the London School of Economics, says laws such as the Royal Marriages Act would also have to be altered. The act requires the Queen to given consent for all royal marriages.
He says it would also involve a great deal of co-ordination with Commonwealth countries, especially those where the Queen is head of state. They would also need to change their own legislation.
"I would think the government is concerned that the head of state in Britain may not be the same as in Australia."
A bigger question to answer
The point is that although Britain may alter its Act of Settlement, Australia, which adopted it, may not adopt the change.
"The other point is that when you start debating things like this people ask what use is the monarchy anyway."
Roddy Martine, a columnist with the Scottish Daily Mail, has written in favour of reform several times. Sectarianism is a fact of life for some in the west of Scotland, hence the desire for change from its politicians.
Additionally, the Church of Scotland is more distanced from the monarch than its sister church in England, of which the Queen is its head.
But he concedes this is not the time. "I agree with the principle - I think it's a total anachronism. But I think Parliament has got much more important things to get on with."
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02 Dec 99 | UK Politics |
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Royal anti-Catholic ban to stay |
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29 Oct 99 | UK Politics |
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Blair rules out 'anti-Catholic' law reform |
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18 Nov 99 | Scotland |
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MSPs back Catholic throne bar repeal |
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20 Nov 99 | UK Politics |
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Catholic monarchy ban 'to continue' |
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