HL Deb 01 December 1994 vol 559 c49WA
Lord Jenkins of Putney

asked Her Majesty's Government:

What are the powers of the Royal Prerogative and how are they exercised.

The Lord Privy Seal (Viscount Cranborne)

The Royal Prerogative may be defined as those residual powers, rights, immunities and privileges of the Sovereign and of the Crown which continue to have their legal source in the common law and which the common law recognises as differing significantly from those of private persons.

Statute now covers much of the ground which in the past was covered by the Royal Prerogative. The complex relationship between statutory powers and those under the Royal Prerogative means that it would be impracticable and lead to disproportionate cost to list all the powers which remain. Examples of areas where the Royal Prerogative remains important include the conduct of foreign affairs, the defence of the realm and the regulation of the Civil Service.

With the exception of powers personal to the Sovereign, powers under the Royal Prerogative are, by convention, exercised by Ministers. The manner in which they are exercised will depend on the power in question. Ministers are accountable to Parliament for the use of powers under the Royal Prerogative, as they are for powers derived from statute.