Law change would let royal daughter inherit the throne: PM launches talks on succession issue

The Prime Minister of the UK has started the discussion to amend an act from 1701 that discriminates against women succeeding to the throne and categorizes women as second class citizens.

Law change would let royal daughter inherit the throne: PM launches talks on succession issue

By James Chapman

Last updated at 12:45 AM on 13th October 2011

Fears of a constitutional crisis if Prince William and his wife Kate have a baby girl have led David Cameron to open talks with 16 countries about the line of succession.

A firstborn daughter for the Duke and Duchess of Cambridge would be overtaken in the line for the throne by any later brothers.

The Prime Minister has told Commonwealth leaders that in an age of gender equality, the 1701 Act of Settlement, which also stops royals marrying Roman Catholics, is out of date and discriminatory.

Under pressure: Keith Vaz asked the Prime Minister if he agreed that the issue should be sorted out before any more royal children are born

Buckingham Palace is understood to have approved a concerted effort to change the law, even though legislation will have to be overhauled or introduced all around the world.

A decision is expected at a summit of Commonwealth leaders due to take place in Australia at the end of this month.

In Japan, there was a public backlash over succession laws favouring men when Crown Prince Naruhito and Crown Princess Masako had a girl, Princess Toshi, who is their only child.

In the past, courtiers have been concerned that trying to push through legislation in every country where the Queen is head of state could ‘open a Pandora’s Box’.

There is particular concern about Australia, where republican politicians would be certain to try to amend legislation changing succession laws to have the Queen ousted. But the royal wedding earlier this year has apparently persuaded courtiers that action is necessary.

Japan's Princess Toshi with her father Crown Prince Naruhito and her mother Crown Princess Masako

Any change is expected to require the agreement of all 16 Commonwealth realms.

The 16 are the UK, Australia, New Zealand, Canada, Jamaica, Antigua and Barbuda, the Bahamas, Barbados, Grenada, Belize, St Christopher and Nevis, St Lucia, the Solomon Islands, Tuvalu, St Vincent and the Grenadines and Papua New Guinea.

Mr Cameron is now proposing that for all descendants of the Prince of Wales, a younger son should no longer take precedence over an elder daughter in the line of succession.

He also wants to open the way for members of the Royal Family who marry a Roman Catholic to be able to succeed and to end an ancient and unused rule that means all descendants of George II are supposed to require the consent of the monarch to marry.

He says the law should apply only to the first six people in the line of succession. In a letter to Commonwealth heads of government, Mr Cameron says it is ‘increasingly difficult to continue to justify … particular aspects of the present rules on the succession to the Crown’.

‘The first is the rule which says that an elder daughter should take a place in the line of succession behind a younger son.

Mr Cameron has written to 16 leaders to ask their opinions on the matter after growing pressure to scrap the 300-year-old law giving preference to male heirs

‘We espouse gender equality in all other aspects of life, and it is an anomaly that in the rules relating to the highest public office we continue to enshrine male superiority,’ he says.

A legal requirement for the monarch to be a member of the Church of England will remain.

The 1701 Act of Settlement means that only the Protestant heirs of Sophia, granddaughter of James I, can become king or queen. It also gives precedence to male heirs.

The Act was drawn up in an era of religious strife to ensure the Protestant succession.

As well as the Act of Settlement, other laws which may need to be amended or repealed are the Bill of Rights 1688, the Coronation Oath Act 1688 and the Royal Marriages Act 1772.

Downing Street said yesterday changes would be drafted in such a way that any children of Prince William and his new wife were included.

However, the current generation of royals would not be affected, so Princess Anne would not leapfrog her younger brothers Andrew and Edward to become fourth in line to the throne.