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Last updated: 08 July 2009
When Queen's Consent is required
18.1 If a Bill affects the prerogative of the Crown, or the interests (hereditary revenues, personal property or other interests) of the Crown or the Duchies of Lancaster or Cornwall, then the consent of The Queen (or, as regards the Duchy of Cornwall, of The Prince of Wales) must be signified in both Houses before the Bill is passed.
18.2 It is not always easy for Bill teams to spot where Queen's Consent may be needed. The Bill team should consult legal advisors at an early stage on whether it is likely that it will be needed for their Bill. Legal advisors will consult Parliamentary Counsel who in turn will consult the House authorities and advise accordingly. It is important to allow at least a few weeks for the House authorities to take a view.
18.3 There is no requirement to seek Queen's Consent prior to publication of a draft Bill, though out of courtesy the department might wish to alert the Palace to any draft Bill which significantly affects the Crown's interests.
What to do if Queen's Consent is required
18.4 If Consent is needed, a letter should be drafted for the Bill Minister's Private Secretary to send to the Palace explaining the purpose of the Bill and how it would affect the Crown, and asking for Consent. The letter should be addressed to the Private Secretary to Her Majesty or the Private Secretary to The Prince of Wales. Two copies of the draft Bill should be enclosed; if the draft is not yet final, the latest version should be sent in the interim and the final draft as soon as available.
18.5 Except where the House authorities consider that Queen's Consent is required in relation to Her Majesty's prerogative only, copies of this letter, together with two copies of the draft Bill, should be sent to:
18.6 The Palace will not reply until they have received any comments which each of these authorities may have.
18.7 The Palace must be given as much time as possible and never fewer than 14 days. Consent should normally be sought and given before the Bill is introduced, and this is vital if the Bill needs Queen's Consent at Second Reading or affects Her Majesty personally. If, very exceptionally, Consent has to be sought after a Bill has been introduced, it should be sought a minimum of 14 days before Third Reading. Legislation Committee will want an assurance that Queen's Consent has been obtained before approving the Bill for introduction, although in some exceptional cases it may be satisfied by assurances that Consent has already been sought.
Procedures for signifying consent
18.8 In the Commons, Queen's Consent is signified in the Chamber by a Privy Counsellor. It is usually signified at Third Reading so that account may be taken of any amendments accepted at earlier stages; but if the interests involved – and particularly the prerogative- are fundamental to the Bill, Consent is signified at Second Reading. At Second Reading, s/he reads out the communication in full, to the effect that “Her Majesty, having been informed of the purport of the Bill, has consented to place her [prerogative/interest/prerogative and interest] at the disposal of Parliament for the purposes of the Bill” – actual formulation used can differ according to the substance of the Bill. At Third Reading, the Privy Counsellor merely nods to signify Consent.
18.9 In the House of Lords, if a Bill affects the prerogatives of the Crown then Consent is normally signified at Second Reading. If a Bill affects the interests of the Crown but not the prerogative, the normal practice is to signify consent on Third Reading. It can also be signified at Lords Consideration of Commons Amendments, if an amendment made in the Commons makes this necessary.In the Lords, Consent is signified by a Privy Counsellor, and is signified orally whether at Second or Third Reading.
18.10 In both the Commons and the Lords, it is up to the department (through their Parliamentary Branch) to ensure that a Privy Counsellor is available to signify Queen's Consent in either House.