Lords to debate law to bar Princes Harry and Andrew from being Counsellors of State

The House of Lords will debate a change in legislation that would effectively ban Prince Harry and Prince Andrew from being Counsellors of State.

The amendment to the Counsellors of State bill, which will be debated on Monday, would look to exclude royals who have “not in the immediately preceding 2 years undertaken royal duties on a regular basis”. 

The Duke of Sussex formally stepped down from royal duties on March 31, 2020, while the Duke of York ceased to undertake public duties after his military affiliations and royal patronages were returned to Queen Elizabeth II at the start of this year. 

A Cabinet source told The Telegraph that it was neither the Government, nor Buckingham Palace’s position, that the proposal would remove either of the princes from being Counsellors of State.

The prospect of the princes being called upon to sign documents or receive the credentials of new ambassadors at Buckingham Palace has been controversial for some time, with the issue first raised in Parliament last month.

Viscount Stansgate, Labour peer and son of party grandee Tony Benn, suggested in the House of Lords that it was the right moment to discuss “a sensible amendment” with the King.

He asked whether the Government was “happy to continue with a situation where the counsels of state and regency powers may be exercised by the Duke of York or the Duke of Sussex, one of whom has left public life and the other of whom has left the country?”

The King made the specific request that the Princess Royal and the Earl of Wessex be made Counsellors of State, after he enacted a process agreed with his late mother to keep the family peace.

In a statement read to both Houses of Parliament last week, the King signalled his wish for the Regency Act to be amended to allow his two siblings to deputise for him when required. 

The move is designed to ensure the Duke of York and the Duke of Sussex will never be called upon to act as official stand-ins, without having to formally replace them.

The King's statement

The King's statement was first read to the House of Lords by Lord Parker of Minsmere, the Lord Chamberlain, who said: “The message is as follows: ‘To ensure continued efficiency of public business when I am unavailable, such as while I am undertaking official duties overseas, I confirm that I would be most content, should Parliament see fit, for the number of people who may be called upon to act as Counsellors of State under the terms of the Regency Acts 1937 to 1953 to be increased to include my sister and brother - the Princess Royal and the Earl of Wessex and Forfar - both of whom have previously undertaken this role.”

The monarch can appoint two Counsellors of State to conduct official business in their absence using letters patent.

Under the Regency Acts of 1937 and 1953, they are the spouse of a monarch and the next four in line to the throne who are aged over 21. This currently would include the Queen Consort, the Prince of Wales, the Duke of Sussex, the Duke of York and Princess Beatrice, only two of whom are working royals.