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).

LANGUAGE PRACTICE AND COMPREHENSION CHECK

TASK I How have the functions of the monarch changed since 1688? Use the following expressions in your answer:

To leave smb. in charge of smth., to run the executive, to be dependent upon Parliament for smth., to retain substantial personal influence, to appoint ministers, to influence elections in the local constituencies, to intervene with policy issues, abdication of, to spell the end of, a strong element of superstition, access to all government documents, to accept the advice of ministers.

TASK II Read the text and discuss the changing functions of the Monarch:

Crown-in-Parliament

The ‘Crown-in-Parliament’ - that is Parliament and the Crown together - is sovereign in the British constitution. Laws passed by Parliament and signed by the Monarch cannot, at least in theory, be overturned by any other body.

The Crown is a term which is used interchangeably to refer to the state, the Monarch herself, or the government. The State refers to the set of institutions which govern Britain; the offices of the state are occupied by the government.

Until the political upheavals of the 17th century, sovereignty vested exclusively in the Monarch who was chosen by God. The restoration of the monarchy in 1660 represented a compromise in which power was shared between Parliament and the Monarch and his advisors.

Political elites retained the fiction that it was the Monarch who was the source of all state power; but in practice it was those elites who exercised state power, not the Monarch. This was, however, a gradual process: even in the 19th century, some Monarchs considered themselves at least coordinate in authority to Parliament. Over time, and particularly with the expansion of the right to vote, the Monarch’s role in British politics became limited to a few ‘reserve’ powers, with ministers themselves exercising the most important royal prerogatives. However, in constitutional theory, government ministers in the present day continue to exercise authority in their capacity as advisors to the Monarch.

The monarchy retains a prominent position in British public life, despite its essentially marginal constitutional role. While it is generally understood that the Monarch is no longer sovereign, there is still a social consensus that the Queen plays an important, if rather nebulous, role in the workings of the state. This consensus is not of course unanimous, and depends in part on the personal popularity of the incumbent, but it unlikely that the institution of monarchy could survive without it.

Queen Elizabeth II’s longevity (she has reigned since 1953) has encouraged the perception – arguably a misleading perception – that Britain’s constitutional order is essentially stable, in spite of vast social, economic and political changes. In her time, the United Kingdom has shrunk from empire to nation-state; gone from standing outside Europe to being a member of the EU; from a unified multinational state to a state of devolved nations; from Churchill to Cameron.

By the rules of succession the Monarch’s eldest son will take the office of head of state on the death of the Monarch. If there is no son, the office passes to the eldest daughter. The Commonwealth is understood to have been involved in ongoing discussion regarding the law favouring male offspring, which has also been challenged in the Commons in 2011 by Keith Vaz. As things stand, the Monarch must also be a Protestant, a member of the Church of England, and cannot be a Roman Catholic or married to a Roman Catholic.

TASK III. a) Read the texts about the modern functions of the Monarch:

The Monarch of Britain has a number of functions. Of these, the functions of Head of State, Constitutional Monarch and supreme governor of the Church of England are most important.

Constitutional Monarch

A constitutional Monarch is one who acts according to constitutional principle. In Britain, this means the Monarch obeys the democratically-elected government of the day, following the government’s advice and remaining entirely neutral.

Head of State and National Symbol

The Monarch is the head of state for the United Kingdom. She may represent the UK in state events both in the UK and outside it. She is also a symbol which stands for the United Kingdom: an easily identifiable, non-political figure whom Britons can point to as a symbol of national unity.

As head of state, the Monarch is, in theory, ‘above’ politics: thus many national institutions such as the judiciary and the army swear an oath of allegiance to the Monarch. Their loyalty is said to be to the United Kingdom and the head of state rather than to Parliament, or the government of the day.

Although a great deal of power has been devolved to Scotland, Wales, and Northern Ireland, the Queen remains their head of state. Royal assent is still required for legislation of the Parliament and Assemblies, and in fact it may be as a result of devolution that the Queen is expected to appear more often in the 4 nations, as she is now the key symbol holding the UK together.

Defender of the Faith

The British Monarch is the head of the Church of England and a member of the Church of Scotland, both of which are by law the official churches of the two respective nations. Archbishops and bishops of both churches are appointed by the Monarch (although in practice by the Prime Minister, and then on advice of the Ecclesiastical Appointments Commission)

Perhaps the most important aspect of this role is that descendants of the Monarch who are Catholic or are married to Catholics cannot succeed to the throne; and the Monarch is required to be a member of the Church of England.

b) Describe the modern functions of the monarchy using the following starting phrases:

1. The most important modern functions of the Monarch are …

2. The term “constitutional Monarch” implies that …

3. As head of state the Monarch…

4. Although a great deal of power has been devolved …

5. Defender of the Faith means that …

TEXT 3 Personal powers of the monarch

In a few special cases it is believed that the monarch can and indeed must exercise personal power. This is a matter of convention, and is highly controversial with little precedent, thus creating an opportunity for unelected persons to influence opinion. There are internal Cabinet Office guidance documents on the matter but the fact that such unpublished sources have any weight at all is a sad reflection on the culture of those who exercise power. The governing principle seems to be that the head of state is the ultimate guardian of the constitution and must intervene where the normal machinery of government has broken down. The occasions on which the power of the monarchy might be exercised are as follows:

1 The appointment of a prime minister. The Queen must appoint the person who can form a government with the support of the House of Commons. This usually means the leader of the majority party as determined by a general election. Nowadays each party elects its leader. In the unlikely event of the electoral process not producing a clear winner the Queen might have to exercise a personal choice. For example, if a general election fails to produce an overall majority the existing prime minister must probably be permitted to attempt to form a government. Failing that, the Queen should summon the leader of the next largest party. If that fails there is disagreement as to what should happen, and in particular as to whether the monarch has any personal discretion. On one view the Queen should attempt to find someone else capable of commanding a majority, but it is not clear whom, if anyone, she should consult for advice. For example, should she consult the outgoing prime minister? If this fails should she dissolve Parliament causing another election? According to another view the Queen should automatically dissolve Parliament. The guiding principle seems to be that she must try to determine the electorate's preference.

2 The dismissal of a government and the dissolution of Parliament. If a government is defeated on a vote of confidence in the House of Commons but refuses to resign or to advise a dissolution the Queen could probably dismiss the government. This has not happened in Britain since 1783, but happened in Australia in 1975. In such a case the Opposition, if it could form a majority, could be placed in office or the Queen could dissolve Parliament, thus putting the case to the people through an election. It has been suggested that the Queen could dismiss a government that violates a basic constitutional principle, for example by proposing legislation to abolish elections. In order to dissolve Parliament the Queen would require a meeting of the Privy Council. It would therefore be convenient as a temporary measure for her to appoint the Leader of the Opposition as prime minister who would then formally advise her in favour of a dissolution.

3 Refusing a dissolution. This possibility arises because of the convention that the prime minister may advise the monarch to dissolve Parliament. This is one of the main sources of the power of the prime minister and means that general elections can be timed for reasons of party advantage. The Queen might refuse a dissolution if the prime minister is acting clearly unconstitutionally, for example if a prime minister whose party lost a general election immediately requested a second dissolution or where a prime minister falls personally foul of his party. Unfortunately there are no clear-cut precedents. It is likely that the Queen could refuse a dissolution only where there is a viable alternative government and a general election would be harmful to the national interest, although it seems difficult for anyone, let alone the Queen, to make such a judgement. A dissolution was not refused in Britain in the last century but one was refused by the Governor-General in Canada in 1926. The Governor-General's decision was later rejected by the electorate.

4 The Queen might refuse a prime ministerial request to appoint peers to the House of Lords where the reason for the request is to flood the Lords with government supporters. The precedents (1832 and 1910-11) suggest that the monarch would have to agree to such a request but only after a general election. This matter is therefore closely connected with the power to dissolve Parliament.

5. The Royal Assent. The monarch has not refused royal assent to legislation since 1709. It appears to be a strong convention that royal assent must always be given. However the Queen might refuse royal assent where the refusal is on the advice of the prime minister, for example in the unlikely event of a private member's bill being approved by Parliament against the wishes of the government. Here two conventions clash. It is submitted that the better view is that she must still give assent because the will of Parliament has a higher constitutional status than that of the executive.

NOTES TO THE TEXT:

Privy Council - A body, headed by the Lord President of the Council. Its functions are mainly formal. There are about 350 Privy Counsellors, who include members of the royal family, all Cabinet ministers, the Speaker and other holders of high non-political office, and persons honoured for public services.

Prerogative - The special power, pre-eminence or privilege which the Queen has, over and above other persons, in right of her Crown and independently of statute and the Courts.

LANGUAGE PRACTICE AND COMPREHENSION CHECK

TASK I. Use the text to finish the following starting phrases:

1. It is believed that…

2. The governing principle seems to be that…

3. This usually means…

4. In the unlikely event of the electoral process …

5. If a general election fails to produce an overall majority …

6. If that fails…

7. According to another view…

8. The guiding principle seems to be that…

9. If a government is defeated on a vote of confidence…

10. In order to dissolve Parliament…

11. This possibility arises…

12. The Queen might refuse a prime ministerial request…

13. It is submitted that …

TASK II. Consult the text to use proper modal verbs, explain their usage:

1. In a few special cases it is believed that the monarch … and indeed … exercise personal power.

2. In the unlikely event of the electoral process not producing a clear winner the Queen might … exercise a personal choice.

3. Failing that, the Queen … summon the leader of the next largest party.

4. If a general election fails to produce an overall majority the existing prime minister … probably be permitted to attempt to form a government.

5. The occasions on which the power of the monarchy … be exercised are as follows.

6. On one view the Queen … attempt to find someone else capable of commanding a majority, but it is not clear whom, if anyone, she … consult for advice.

7. The guiding principle seems to be that she … try to determine the electorate's preference.

8. In such a case the Opposition, if it … form a majority, … be placed in office or the Queen … dissolve Parliament, thus putting the case to the people through an election.

9. This is one of the main sources of the power of the prime minister and means that general elections … be timed for reasons of party advantage.

10. . The precedents suggest that the monarch would … agree to such a request but only after a general election.

11. It appears to be a strong convention that royal assent … always be given.

TASK III. Match the verbs with the nouns, use the word combinations to describe the Monarch’s powers:

1. to abolish a) a prime minister

2. to propose b) an overall majority

3. to exercise c) legislation

4. to appoint d) a dissolution

5. to influence e) the leader

6. to form f) elections

7. to produce g) power/a personal choice

8. to dissolve h) assent

9. to summon i) opinion

10. to advise j) a government

11. to determine k) the electorate's preference

12. to give l) a majority

13. to command m) Parliament

14. to dismiss n) a government