Queen's Consent
Encyclopedia
In the United Kingdom
, Queen's Consent (not to be confused with Royal Assent
) is required for a bill affecting the prerogative of the Crown or the interests (hereditary revenues, personal property or other interests) of the Crown, the Duchy of Lancaster or the Duchy of Cornwall. In the case of the Duchy of Cornwall, Prince of Wales's Consent must also be obtained.
Hereditary revenues, include ultimus haeres
, treasure trove, and bona vacantia
.
, which sought to transfer from the monarch to Parliament the power to authorize military strikes against Iraq. Due to the Crown
's refusal to consent to the bill's hearing, it was automatically dropped. However, because the bill had been introduced under the Ten Minute Rule
, there was only a limited chance that it would be fully debated by Parliament, and it may not therefore represent a test of what may happen if a future government introduced other legislation affecting the reserve powers of the Crown.
In 1998, Palace of Westminster (Removal of Crown Immunity) Bill was unable to progress because Queen's consent had not been given.
In 1990, Reform of the House of Lords Bill was unable to progress because Queen's consent had not been given.
, the consent of the Prince of Wales
, in his capacity of Prince of Wales
, Earl of Chester
, Prince and Great Steward of Scotland or as Duke of Cornwall
, must also be obtained where a bill affects his interests. This is known as Prince's Consent.
Erskine May states that:
"The Prince’s consent is required for a bill which affects the rights of the principality of Wales and earldom of Chester, or which makes specific reference to, or special provision for, the Duchy of Cornwall; and the Prince’s consent may (depending on the circumstances) be required for a bill which amends an Act which does any of those things."
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
, Queen's Consent (not to be confused with Royal Assent
Royal Assent
The granting of royal assent refers to the method by which any constitutional monarch formally approves and promulgates an act of his or her nation's parliament, thus making it a law...
) is required for a bill affecting the prerogative of the Crown or the interests (hereditary revenues, personal property or other interests) of the Crown, the Duchy of Lancaster or the Duchy of Cornwall. In the case of the Duchy of Cornwall, Prince of Wales's Consent must also be obtained.
Hereditary revenues, include ultimus haeres
Ultimus haeres
Ultimus haeres is a concept in Scots law where if a person in Scotland who dies without leaving a will and has no blood relative who can be easily traced, the estate is claimed by the Queen's and Lord Treasurer's Remembrancer on behalf of the Crown.In England, the equivalent concept is called...
, treasure trove, and bona vacantia
Bona vacantia
Bona vacantia is a legal concept associated with property that has no owner. It exists in various jurisdictions, with consequently varying application, but with origins mostly in English law.-Canada:...
.
Cases where consent has not been given
In 1999, Queen Elizabeth II, acting on the advice of the government, refused to signify her consent to hearing of the Military Action Against Iraq (Parliamentary Approval) BillMilitary Action Against Iraq (Parliamentary Approval) Bill
The Military Action Against Iraq Bill was a private member's bill introduced into the United Kingdom House of Commons by Tam Dalyell MP under the Ten Minute Rule. It received its formal first reading on 26 January 1999. The bill sought to transfer the power to authorise military strikes against...
, which sought to transfer from the monarch to Parliament the power to authorize military strikes against Iraq. Due to the Crown
The Crown
The Crown is a corporation sole that in the Commonwealth realms and any provincial or state sub-divisions thereof represents the legal embodiment of governance, whether executive, legislative, or judicial...
's refusal to consent to the bill's hearing, it was automatically dropped. However, because the bill had been introduced under the Ten Minute Rule
Ten Minute Rule
The Ten Minute Rule, also known as Standing Order No. 23, is a procedure in the British Parliament for the introduction of Private Member's Bills in addition to the 20 per session normally permissible. It is one of the ways in which a bill may receive its first reading.Any MP may introduce a bill...
, there was only a limited chance that it would be fully debated by Parliament, and it may not therefore represent a test of what may happen if a future government introduced other legislation affecting the reserve powers of the Crown.
In 1998, Palace of Westminster (Removal of Crown Immunity) Bill was unable to progress because Queen's consent had not been given.
In 1990, Reform of the House of Lords Bill was unable to progress because Queen's consent had not been given.
Prince's Consent
In certain circumstances, such as for the House of Lords Act 1999House of Lords Act 1999
The House of Lords Act 1999 was an Act of the Parliament of the United Kingdom that was given Royal Assent on 11 November 1999. The Act reformed the House of Lords, one of the chambers of Parliament. For centuries, the House of Lords had included several hundred members who inherited their seats;...
, the consent of the Prince of Wales
Prince of Wales
Prince of Wales is a title traditionally granted to the heir apparent to the reigning monarch of the United Kingdom of Great Britain and Northern Ireland and the 15 other independent Commonwealth realms...
, in his capacity of Prince of Wales
Prince of Wales
Prince of Wales is a title traditionally granted to the heir apparent to the reigning monarch of the United Kingdom of Great Britain and Northern Ireland and the 15 other independent Commonwealth realms...
, Earl of Chester
Earl of Chester
The Earldom of Chester was one of the most powerful earldoms in medieval England. Since 1301 the title has generally been granted to heirs-apparent to the English throne, and from the late 14th century it has been given only in conjunction with that of Prince of Wales.- Honour of Chester :The...
, Prince and Great Steward of Scotland or as Duke of Cornwall
Duke of Cornwall
The Duchy of Cornwall was the first duchy created in the peerage of England.The present Duke of Cornwall is The Prince of Wales, the eldest son of Queen Elizabeth II, the reigning British monarch .-History:...
, must also be obtained where a bill affects his interests. This is known as Prince's Consent.
Erskine May states that:
"The Prince’s consent is required for a bill which affects the rights of the principality of Wales and earldom of Chester, or which makes specific reference to, or special provision for, the Duchy of Cornwall; and the Prince’s consent may (depending on the circumstances) be required for a bill which amends an Act which does any of those things."