In the UK and certain other
Commonwealth countries, King's Consent (Queen's Consent when the monarch is female) is a parliamentary convention under which
crown
A crown is a traditional form of head adornment, or hat, worn by monarchs as a symbol of their power and dignity. A crown is often, by extension, a symbol of the monarch's government or items endorsed by it. The word itself is used, partic ...
consent is sought whenever a proposed parliamentary bill will affect the crown's own
prerogatives or interests (hereditary revenues, personal property, estates, or other interests). Prince's Consent is a similar doctrine, under which consent of the
Prince of Wales
Prince of Wales ( cy, Tywysog Cymru, ; la, Princeps Cambriae/Walliae) is a title traditionally given to the heir apparent to the English and later British throne. Prior to the conquest by Edward I in the 13th century, it was used by the rulers ...
must be obtained for matters relating to the
Duchy of Cornwall.
King's or Prince's Consent must be obtained early in the legislative process, generally before
parliament
In modern politics, and history, a parliament is a legislative body of government. Generally, a modern parliament has three functions: representing the electorate, making laws, and overseeing the government via hearings and inquiries. Th ...
may debate or vote on a bill. In modern times, following the tenets of
constitutional monarchy
A constitutional monarchy, parliamentary monarchy, or democratic monarchy is a form of monarchy in which the monarch exercises their authority in accordance with a constitution and is not alone in decision making. Constitutional monarchies dif ...
, consent is granted or withheld as advised by
government
A government is the system or group of people governing an organized community, generally a state.
In the case of its broad associative definition, government normally consists of legislature, executive, and judiciary. Government is ...
.
According to the 1851 edition of ''
Erskine May
Thomas Erskine May, 1st Baron Farnborough, (8 February 1815 – 17 May 1886) was a British constitutional theorist and Clerk of the House of Commons.
His seminal work, ''A Treatise upon the Law, Privileges, Proceedings and Usage of Parliame ...
,'' the manual of UK
parliamentary practice, the practical advantage of Queen's Consent (as it then was,
Queen Victoria
Victoria (Alexandrina Victoria; 24 May 1819 – 22 January 1901) was Queen of the United Kingdom of Great Britain and Ireland from 20 June 1837 until her death in 1901. Her reign of 63 years and 216 days was longer than that of any previo ...
being on the throne) was that it enabled the crown to protect its rights without having to resort to blocking a bill after its passage by refusing
royal assent
Royal assent is the method by which a monarch formally approves an act of the legislature, either directly or through an official acting on the monarch's behalf. In some jurisdictions, royal assent is equivalent to promulgation, while in oth ...
. More recently, however, there has been criticism of the crown being consulted on the content of forthcoming bills, and "given the right and opportunity to shape prospective legislation".
Critics allege that even though the crown may never formally withhold its consent contrary to government advice, the procedure is nevertheless being used to vet and change draft bills before they reach parliament. One report noted that it was "almost certain that some bills were changed before introduction in order to address concerns about crown consent".
Origins and constitutional basis
The origins of King’s Consent are unclear. There is evidence of consent first being invoked in 1728 when
George II George II or 2 may refer to:
People
* George II of Antioch (seventh century AD)
* George II of Armenia (late ninth century)
* George II of Abkhazia (916–960)
* Patriarch George II of Alexandria (1021–1051)
* George II of Georgia (1072–1089) ...
gave parliament permission to debate the Suppression of Piracy bill, which suggests that it has been part of the UK legislative process for several hundred years. Prince’s Consent is a more recent development, probably no later than 1848.
King's Consent is not a right of the monarch or of the crown under the
prerogative
In law, a prerogative is an exclusive right bestowed by a government or state and invested in an individual or group, the content of which is separate from the body of rights enjoyed under the general law. It was a common facet of feudal law. The ...
.
The
Office of the Parliamentary Counsel has stated that it is entirely a matter of
House procedure. In 2014 the
House of Commons Political and Constitutional Reform Committee undertook an investigation into the basis of the practice, and concluded after hearing expert legal and parliamentary evidence that consent is indeed a matter of parliamentary procedure. The committee noted that if parliament wished to abolish consent it could do so by resolution, without any need for legislation.
The 1851 (2nd) edition of ''
Erskine May: Parliamentary Practice'' stated that the practice was "founded upon parliamentary usage, which both houses have agreed to observe", and that as a result it "it cannot be misconstrued into any interference with the proceedings of parliament". The author defended the practice of prior communication between parliament and the crown on the basis that, without Queen’s Consent, if parliament were to dispose of the interests or affect the prerogative of the crown against its wishes, the crown would in any event be able to protect itself by refusing
royal assent
Royal assent is the method by which a monarch formally approves an act of the legislature, either directly or through an official acting on the monarch's behalf. In some jurisdictions, royal assent is equivalent to promulgation, while in oth ...
. Queen’s Consent, then, he considered advantageous, as it avoided the need for the crown to exert its prerogative in such a way. Recent editions of ''Erskine May'' drop discussion of the advantages of the practice, and simply state that under certain conditions consent is "required", leaving unsaid the implications of its not being given.
Bills affected
Bills affecting the
royal prerogative
The royal prerogative is a body of customary authority, privilege and immunity, recognized in common law and, sometimes, in civil law jurisdictions possessing a monarchy, as belonging to the sovereign and which have become widely vested in th ...
and the personal property and "personal interests" of the monarch require King's Consent.
[
In the United Kingdom, as well as bills that affect the prerogative, bills affecting the hereditary revenues of the ]Duchy of Lancaster
The Duchy of Lancaster is the private estate of the British sovereign as Duke of Lancaster. The principal purpose of the estate is to provide a source of independent income to the sovereign. The estate consists of a portfolio of lands, properti ...
or the Duchy of Cornwall require King's Consent.[ Bills affecting the latter also require Prince's Consent from the ]Prince of Wales
Prince of Wales ( cy, Tywysog Cymru, ; la, Princeps Cambriae/Walliae) is a title traditionally given to the heir apparent to the English and later British throne. Prior to the conquest by Edward I in the 13th century, it was used by the rulers ...
in his capacity as Duke of Cornwall.[ In certain circumstances, such as for the ]House of Lords Act 1999
The House of Lords Act 1999 (c. 34) is an Act of the Parliament of the United Kingdom that reformed the House of Lords, one of the chambers of Parliament. The Act was given Royal Assent on 11 November 1999. For centuries, the House of Lords ...
, the consent of the Prince of Wales, in his capacity as Earl of Chester
The Earldom of Chester was one of the most powerful earldoms in medieval England, extending principally over the counties of Cheshire and Flintshire. Since 1301 the title has generally been granted to heirs apparent to the English throne, and a ...
or Prince and Great Steward of Scotland
Prince and Great Steward of Scotland are two of the titles of the heir apparent to the throne of the United Kingdom. The current holder of these titles is Prince William, who bears the other Scottish titles of Duke of Rothesay, Earl of Carrick ...
, must also be obtained where a bill affects his interests. In 1993, both Queen's Consent and Prince's Consent were required in respect of the Priests (Ordination of Women) Measure 1993
The Priests (Ordination of Women) Measure 1993 is a Church of England Measure passed by the General Synod of the Church of England enabling the ordination of women in the Church of England.
Both Queen's Consent and Prince's Consent were required t ...
that enabled the ordination of women in the Church of England
The ordination of women in the Anglican Communion has been increasingly common in certain provinces since the 1970s. Several provinces, however, and certain dioceses within otherwise ordaining provinces, continue to ordain only men. Disputes ove ...
.
The Office of the Parliamentary Counsel has produced guidance on the need for King's or Prince's Consent and the procedures associated with them.[
In Canada, no act of parliament binds the monarch or their rights unless the act states that it does so. King's Consent (or Royal Consent) is typically granted by the ]governor general
Governor-general (plural ''governors-general''), or governor general (plural ''governors general''), is the title of an office-holder. In the context of governors-general and former British colonies, governors-general are appointed as viceroy ...
on behalf of the sovereign and specially communicated to parliament. Typically, though, it is expressed by a minister of the Canadian Crown
The monarchy of Canada is Canada's form of government embodied by the Canadian sovereign and head of state. It is at the core of Canada's constitutional federal structure and Westminster-style parliamentary democracy. The monarchy is the founda ...
.
In Australia, the royal household insists consent must first be granted for bills concerning the monarch's royal prerogative and personal interest. However, there is no equivalent requirement as in the UK or Canada for the Australian Parliament to receive signification of the monarch's consent.
Effect on parliamentary proceedings
Consent is usually signified in one (in unicameral
Unicameralism (from ''uni''- "one" + Latin ''camera'' "chamber") is a type of legislature, which consists of one house or assembly, that legislates and votes as one.
Unicameral legislatures exist when there is no widely perceived need for multi ...
legislatures) or both houses (in bicameral legislatures) of parliament, at either the second or third reading, by a privy counsellor
The Privy Council (PC), officially His Majesty's Most Honourable Privy Council, is a formal body of advisers to the sovereign of the United Kingdom. Its membership mainly comprises senior politicians who are current or former members of ei ...
and is recorded in Hansard
''Hansard'' is the traditional name of the transcripts of parliamentary debates in Britain and many Commonwealth countries. It is named after Thomas Curson Hansard (1776–1833), a London printer and publisher, who was the first official prin ...
. Where proposed legislation which might affect the royal prerogative or the private interests of the crown is sponsored by the cabinet (as is the case for most bills considered by parliament), the department sponsoring the bill must write to the palace giving as much time as possible, but never less than 14 days before the bill is introduced to parliament.[ In the Scottish parliament, consent is signified by a member of the Scottish government.][ In the ]Canadian parliament
The Parliament of Canada (french: Parlement du Canada) is the federal legislature of Canada, seated at Parliament Hill in Ottawa, and is composed of three parts: the King, the Senate, and the House of Commons. By constitutional convention, the ...
, Royal Consent can be signified in only one legislative chamber.[ In the UK Parliament consent is signified using the following wording (with similar wording for Prince's Consent):
If consent is required but not signified, a bill may make no further progress through parliament. If a bill is mistakenly allowed to progress even though the required consent was not signified and the error is discovered before ]royal assent
Royal assent is the method by which a monarch formally approves an act of the legislature, either directly or through an official acting on the monarch's behalf. In some jurisdictions, royal assent is equivalent to promulgation, while in oth ...
has been given, the proceedings may later be declared void. Where a bill requires the consent of the Prince and Steward of Scotland or the Duke of Rothesay, the Scottish parliament cannot debate any question whether the bill be passed or approved unless such consent to those provisions has been signified by a member of the Scottish government.[ Once a bill has passed parliament and received royal assent, it is regarded as legally valid by the courts, regardless of any deficiency in parliamentary procedure, in accordance with the usual principles of parliamentary privilege.][
]
Consent granted or withheld on advice of the cabinet
If King's Consent is withheld, it is, according to the tenets of constitutional monarchy
A constitutional monarchy, parliamentary monarchy, or democratic monarchy is a form of monarchy in which the monarch exercises their authority in accordance with a constitution and is not alone in decision making. Constitutional monarchies dif ...
and responsible government, done on the advice of Government. A spokesman for Queen Elizabeth II stated in 2021 that "Queen's consent is a parliamentary process, with the role of sovereign purely formal. Consent is always granted by the monarch where requested by government. Any assertion that the sovereign has blocked legislation is simply incorrect."
Similarly, the Prince of Wales grants and withholds the Prince's Consent on the advice of the sovereign's ministers
Minister may refer to:
* Minister (Christianity), a Christian cleric
** Minister (Catholic Church)
* Minister (government), a member of government who heads a ministry (government department)
** Minister without portfolio, a member of governme ...
, as the Duchy of Cornwall is within British jurisdiction. No bill affecting the Duchy of Cornwall has been refused consent by either the sovereign or the Duke of Cornwall. Each granting of consent by the Prince of Wales is a "matter of public record".
While the monarch always consents if so advised by ministers, a private member's bill—not introduced by a government minister—that requires consent can be killed off by the government without having to muster votes or use parliamentary time by advising against consent.
In 1999, the Queen, acting on ministerial advice, refused to signify her consent to parliament debating the Military Action Against Iraq (Parliamentary Approval) Bill
The Military Action Against Iraq (Parliamentary Approval) Bill was a private member's bill introduced into the United Kingdom House of Commons by Tam Dalyell under the Ten Minute Rule. It received its formal first reading on 26 January 1999. T ...
. This was a private member's bill which sought to transfer from government (strictly speaking, the monarch acting on ministerial advice) to parliament the power to authorize military strikes against Iraq. This prevented the bill from being debated. In 1988, the Palace of Westminster (Removal of Crown Immunity) Bill could not be debated in the parliament because Queen's Consent was withheld, as with the Reform of the House of Lords Bill in 1990.
Vetting of bills under consent procedure
While the website of the royal family describes consent as "a long established convention", ''The Guardian
''The Guardian'' is a British daily newspaper. It was founded in 1821 as ''The Manchester Guardian'', and changed its name in 1959. Along with its sister papers ''The Observer'' and ''The Guardian Weekly'', ''The Guardian'' is part of the Gu ...
'' newspaper reported in February 2021 that memos had been found in the National Archives revealing that the advance notice of forthcoming bills allows the monarch to lobby for legislative changes without actual consent being invoked. The documents were reviewed by Thomas Adams, a specialist in constitutional law
Constitutional law is a body of law which defines the role, powers, and structure of different entities within a state, namely, the executive, the parliament or legislature, and the judiciary; as well as the basic rights of citizens and, in fe ...
at Oxford University
Oxford () is a city in England. It is the county town and only city of Oxfordshire. In 2020, its population was estimated at 151,584. It is north-west of London, south-east of Birmingham and north-east of Bristol. The city is home to th ...
, who said they revealed "the kind of influence over legislation that lobbyists would only dream of", adding that the existence of the consent procedure appeared to have given the monarch "substantial influence" over draft laws that could affect her. As of 2021, over 1000 bills had been submitted to the Queen
In the English-speaking world, The Queen most commonly refers to:
* Elizabeth II (1926–2022), Queen of the United Kingdom and other Commonwealth realms from 1952 until her death
The Queen may also refer to:
* Camilla, Queen Consort (born 1947), ...
or Prince Charles for Queen's or Prince's Consent. More than 50,000 people had, by 28 February 2021, signed a petition requesting a parliamentary inquiry into the convention of Queen's Consent. Buckingham Palace responded to ''The Guardian'', stating that consent was always granted when requested and that legislation was never blocked.[
The Palace is known to have requested changes to draft legislation in some cases; it is not known how many. In 1973, when a companies bill incorporating transparency measures was to be introduced in the UK parliament, after receiving advance notice as required by the consent procedure, the Queen's lawyer and the trade department agreed an exception for heads of state. This allowed the Queen to avoid the embarrassment of disclosure of beneficial ownership of shares by the crown until at least 2011. Consent was not required for the bill, as eventually introduced.][ It was revealed in 2022 that Prince Charles had used Prince's Consent to have proposed legislation changed so that his Duchy of Cornwall ]leasehold
A leasehold estate is an ownership of a temporary right to hold land or property in which a lessee or a tenant holds rights of real property by some form of title from a lessor or landlord. Although a tenant does hold rights to real property, a l ...
tenants would not have the right to buy their homes that was provided by what later became the Leasehold Reform, Housing and Urban Development Act 1993. Documents revealed that Charles wrote to the Prime Minister John Major expressing his "particular concern" about this aspect. The government did not wish to grant this exception, fearing that it would create a precedent for other major landowners, but ultimately, reluctantly, included the special exemption to avoid what a Whitehall official described as "a major row with the Prince of Wales", saying "the will of ministers can prevail over that of monarchy but a constitutional crisis
In political science, a constitutional crisis is a problem or conflict in the function of a government that the political constitution or other fundamental governing law is perceived to be unable to resolve. There are several variations to this ...
would add a further dimension of controversy to the bill which would be better avoided".
It was reported in July 2021 that the advance notice provided by the consent procedure was used in the Scottish Parliament in 2021 to arrange for draft legislation to be modified so that the Queen, one of the largest landowners in Scotland, would become the only person in the country not required to facilitate the construction of pipelines to heat buildings using renewable energy. The Scottish government did not disclose the intervention of the Queen's lawyer when the energy minister added the exemption to the green energy bill, key legislation to combat the climate emergency. It is not known why the Queen's lawyer wanted the bill changed. Since its creation in 1999 the Scottish Parliament has given the Queen advance notice of at least 67 parliamentary bills deemed to affect her. It is not known how many were consequently changed. The Scottish Liberal Democrat
The Scottish Liberal Democrats ( gd, Pàrtaidh Libearal Deamocratach na h-Alba, sco, Scots Leeberal Democrats) is a liberal, federalist political party in Scotland, a part of the United Kingdom Liberal Democrats. The party currently holds 4 o ...
leader Willie Rennie
William Cowan Rennie (born 27 September 1967), commonly known as Willie Rennie, is a Scottish politician who served as the Leader of the Scottish Liberal Democrats from 2011 to 2021. He has served as the Member of the Scottish Parliament (MS ...
asked the Scottish government in a parliamentary question
A question time in a parliament occurs when members of the parliament ask questions of government ministers (including the prime minister), which they are obliged to answer. It usually occurs daily while parliament is sitting, though it can be ca ...
for a list of acts amended as a result of exchanges with the Queen's representatives; the Scottish government ultimately refused to answer the question, but confidential briefing notes were later disclosed which said that it was almost certain that some bills had been changed before introduction, but that as they had not been " amended" in parliamentary terms they would not have been included.
In response to these reports about consent in Scotland, the palace said: "The royal household can be consulted on bills in order to ensure the technical accuracy and consistency of the application of the bill to the crown, a complex legal principle governed by statute and common law. This process does not change the nature of any such bill."[
]
See also
*Constitutional conventions of the United Kingdom The United Kingdom has an uncodified constitution. The constitution consists of legislation, common law, Crown prerogative and constitutional conventions. Conventions may be written or unwritten. They are principles of behaviour which are not lega ...
Notes
References
Bibliography
*
External links
Cabinet Office guide to legislation for civil servants
(see chapter 18)
* House of Commons Political and Constitutional Reform Committee.
''The Impact of Queen’s and Prince’s Consent on the Legislative Process: Government Response to the Committee's Eleventh Report of Session, 2013-2014''
16 June 2014. London: The Stationery Office, Limited.
Parliament of Canada: Royal Consent Given to Bills
{{DEFAULTSORT:King's Consent
Political terms in the United Kingdom
British monarchy
Monarchy in Canada
Parliament of Canada
Parliament of the United Kingdom
Scottish Parliament
Royal prerogative