Financing the monarchy

The Queen … considerable private wealth and even in her private capacity … from taxes unless statute specifically provides otherwise. The Queen … however into a voluntary agreement to pay tax on current income and personal capital. Many of the royal expenses, particularly in relation to the upkeep of Crown buildings and for foreign relationships - for example, overseas visits and entertaining visiting heads of state - … by government departments. The basic expenses of the monarchy and of those members of the Royal Family who perform public duties … from the 'civil list'. This is an amount granted by Parliament at the beginning of each reign. It consists of an annual payment that … by statutory instrument made by the Treasury and subject to veto by the House of Commons.

Task VIII. Discuss possible developments of Monarchy:

PREDICTIONS FOR MONARCHY?

The Queen has made it clear that she sees her obligation is to serve for the whole course of her life. Acknowledging that lesser thrones may have gone in for serial abdication to make way for younger replacements, talk of abdication has been discouraged. In any case it is typically the sort of action that is not discussed until it is resolved upon.

This does not, however, end the matter. The Queen is now 82 and the heir 60. There seems every likelihood that the Queen enjoys the good health of her mother and may therefore be expected to live an equally long life. However, even in the most favourable circumstances, her energies are bound to diminish, and she will no doubt taper her activities and expect the heir to take on more of her role if not, of course, all her functions.

At present her functions may be formally delegated in only two ways: one for temporary purposes and one more permanently. Under the Regency Acts of 1937 and 1953, Counsellors of State may be appointed for temporary purposes, for example, should the Queen be incapacitated by a passing illness or be out of the country.

The Counsellors of State consist of the heir and the next four in line of succession. The Counsellors have to act jointly, and cannot without the sovereign’s express permission consent to a dissolution or grant any rank, title or dignity of peerage. Should a demise occur or a regency be necessary, the delegation to Counsellors automatically ceases.

A regency may occur if any three of the sovereign’s spouse, the Lord Chancellor, the Commons Speaker, the Lord Chief Justice of England and the Master of the Rolls declare on medical evidence that the sovereign is by reason of infirmity of mind or body incapable for the time being of performing the royal functions or is for some definite cause not available to perform them. The regent acquires all the powers of the sovereign except that he may not assent to any Bill changing the succession or for repealing the Queen Anne legislation securing the position of the Church of Scotland.

There are therefore limits to what an heir may undertake without a regency, but a regency may occur only as a result of the sovereign’s incapacity. It follows that ordinarily, although the heir may take on a wide range of ceremonial functions, he could not, for example, appoint prime ministers or bishops, give assent to legislation, confer honours or grant dissolutions. On the other hand, there is a lot he could still do from reading the Queen’s speech at every new parliamentary session, leading attendance on Remembrance Day, fronting diplomatic including Commonwealth occasions to presiding over the presentation of honours. Attending the Prime Minister’s audiences with the sovereign would also be sensible. For so long as the sovereign could signify assent to Bills, regency would not be necessary.

But such a limbo life could also continue for a very long time, especially in the case of a sovereign’s prolonged ill-health short of incapacity. Temporary expedients could become strained and the heir be trapped in an endless weak lieutenancy – always the bridesmaid and never the bride. Whilst there would be great sympathy for an ageing sovereign and instinctive indulgence in recognition of a life of impeccable service, there would also be a growing sympathy for the anomalous position of the heir, confused simultaneously perhaps with growing attention to the next in line – a source of potential conflict. Could there be a case for a new kind of regency (for example, Brazier 1999: 204) which gave full powers to the regent but took none away from the sovereign?

In 2020 the Queen is 94 and the heir 72. You are the Prime Minister. What would you do?

TEXT 2. The Functions of the Monarchy

Since 1688 the functions and personal powers of the monarchy have gradually been reduced. The 1688 Revolution left the monarch in charge of running the executive but dependent upon Parliament for money and lawmaking power. The monarch retained substantial personal influence until the late nineteenth century, mainly through the power to appoint ministers and to influence elections in the local constituencies. Until after the reign of George V (1910-1934) monarchs occasionally intervened in connection with ministerial appointments and policy issues. The abdication of Edward VIII (1936) probably spelt the end of any political role for the monarch.

The modern functions of the monarchy can be outlined as follows:

1. To unite the nation participating for this purpose in ceremonies and public entertainments. It is often said that the popularity and public acceptance of the monarchy is directly related to the fact that the monarch has little political power and is primarily an entertainer. It is not clear why a modern democracy requires a personalised 'leader' in order to be united. There is a strong element of superstition inherent in the notion of monarchy, hence the importance of the link between the monarch and the Established Church.

2. To 'advise, encourage and to warn. The monarch, supported by a private secretary has access to all government documents and regularly meets the prime minister. The monarch is entitled to express views in private to the government but there is no convention as to the weight to be given to them.

3. Certain formal acts. The monarch must normally accept the advice of ministers. These include:

(i) Assent to statutes. Today this function is usually performed on the Queen's behalf by a commission,
(ii) Consents to Orders in Council.

(iii) Appointments of ministers, ambassadors, bishops, judges,
(iv) Royal proclamations, for example dissolving and summoning Parliament or declaring a state of emergency,
(v) Ratifying solemn treaties,
(vi) Granting charters to universities, professional bodies, etc. These

bestow the seal of state approval and also incorporate the body

in question so that it can be treated as a separate person in law.
(vii) Awarding peerages, honours and medals.

NOTES TO THE TEXT:

Monarchy —the first element of the word is from Greek monos, "alone, single"; the second element comes from archos, "ruler" or "leader" - "undivided rule by a single person. A number of other terms for various forms of government are also based on Greek -arches and oligos, "few"; or an-, a-, meaning "without" - oligarchy, "government by the few", anarchy, "the absence of government altogether".

Orders in Council - Government orders of a legislative character made by the Crown and members of the Privy Council either under statutory powers conferred on Her Majesty in Council or in exercise of the royal prerogative.

Royal assent - The agreement of the Crown, given under the royal prerogative and signified either by the sovereign in person or by royal commissioners, that converts a Bill into an Act of Parliament.

Royal prerogative - The special rights, powers, and immunities to which the Crown alone is entitled under the common law. most prerogative acts are now performed by the government on behalf of the Crown.

Royal proclamation - A document by which the sovereign exercises certain prerogative powers and certain legislative powers conferred on her by the statute.

Royal style and titles - These were made by Proclamation in 1953, and are: "Elizabeth II, by the Grace of God of the United Kingdom of Great Britain and Northern Ireland and of Her other Realms and Territories Queen, Head of the Commonwealth, Defender of the Faith".

Emergency powers - Powers conferred by government regulations during a state of emergency. The existence of such a state is declared by royal proclamation under the Emergency Powers Acts 1920 and 1964. A proclamation which lasts for one month but is renewable, may be issued whenever there is a threat (e.g. a major strike or natural disaster) to the country's essentials of life.

Treaty - An international agreement in writing between two states (a bilateral treaty) or a number of states (a multilateral treaty). Such agreements can also be known as conventions, pacts, protocols, final acts, arrangements and general acts. In England the power to make or enter into treaties belongs to the monarch, acting on the advice of government ministers, but a treaty does not become a part of English law until brought into force by an Act of Parliament. (Paris Treaty (1951); Treaty of Rome (1957); Maastricht Treaty (1992).

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