HC Deb 04 February 1937 vol 319 cc1831-2

Motion made, and Question proposed, "That the Clause stand part of the Bill."

5.33 p.m.

Mr. Assheton

Before we pass this Clause I should like to make certain that the Committee is fully aware of its implications. Under paragraph (a), if the Sovereign is under the age of 18 and unmarried his mother, if she is living, is to have the guardianship of his person. No reference is made here to what would happen if his father—or her father—were still living, as might be the case in the event of a Queen having been survived by her husband. Suppose that Queen Victoria had died before the Prince Consort. In those circumstances the Prince Consort would have been deprived under such an enactment as this of the guardianship of his own children. It may have been thought by those who have considered this matter that, in the interests of the State, it is more appropriate that the guardianship should be in the hands of the Regent in such a case but one can well understand a father having some natural objection to such a procedure. I therefore ask the Home Secretary to be good enough to consider the possibility of revising this Sub-section so that both the Regent and the father, in such a case as I have suggested, can be joint guardians of the child.

5.35 p.m.

Sir J. Simon

My hon. Friend has called attention to the effect of the Clause and, as he recognises and as he has stated, the effect of the Clause as it stands is intentional. We considered this point carefully and the question, it seemed to us, was whether it was better to enact that in a case in which the Sovereign is under the age of 18 and unmarried his father should be constituted guardian, if a widower whose wife had formerly been Queen, or, on the other hand, to rerecognise that it is the mother par excellence who has on family ground the strongest claim to act as guardian in a case where it is the widow of the former Sovereign who survives. We thought, as I hope the Committee will think, that on the whole it is better not to deal with the two cases in exactly the same way but to draw the Clause as it is now drawn. Partly for that reason there is inserted at the beginning of the Clause the phrase: Unless Parliament otherwise determines. Of course those words have no actual operative effect but they will be an indication, as it were, on the face of the Statute, that a case may arise in which it may be desirable to modify the general provisions here made. Such modification would, no doubt, be upon the lines to which my hon. Friend has called attention. The Committee will appreciate the fact that this matter has been very carefully considered by many advisers and we think there is a good deal to be said for preserving without modification the provision that the mother of a Sovereign, in these circumstances, shall have the guardianship of his person. Suppose that a change in the occupation of the Throne has taken place because a Queen has died and, let us say, a Prince Consort is left. While it is possible in a special case to modify the provision, upon the whole it is best in such circumstances that the Regent should act as guardian.