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Privy Council (United Kingdom)

(Redirected fromHer Majesty's Most Honourable Privy Council)
"UKPC" redirects here. For the court of last resort with this neutral citation, seeJudicial Committee of the Privy Council.

ThePrivy Council(formallyHis Majesty's Most Honourable Privy Council) is aformal body of advisersto thesovereign of the United Kingdom.Its members, known asprivy counsellors,are mainlysenior politicianswho are current or former members of either theHouse of Commonsor theHouse of Lords.

His Majesty's Most Honourable Privy Council
AbbreviationPrivy Council (PC)
Predecessor
Formation1 January 1801(1801-01-01)
Legal statusAdvisory body
Membership
Members of the Privy Council
Charles III
(King-in-Council)
Lucy Powell
Richard Tilbrook
Ceri King
StaffPrivy Council Office
Websiteprivycouncil.gov.uk

The Privy Council formally advises the sovereign on the exercise of theroyal prerogative.TheKing-in-Councilissuesexecutive instrumentsknown asOrders in Council.The Privy Council also holds the delegated authority to issue Orders of Council, mostly used to regulate certain public institutions. It advises the sovereign on the issuing ofroyal charters,which are used to grant special status to incorporated bodies, andcityorboroughstatus to local authorities. Otherwise, the Privy Council's powers have now been largely replaced by its executive committee, theCabinet of the United Kingdom.

Certain judicial functions are also performed by the King-in-Council, although in practice its actual work of hearing and deciding upon cases is carried out day-to-day by theJudicial Committee of the Privy Council.The Judicial Committee consists ofsenior judgesappointed as privy counsellors: predominantlyjusticesof theSupreme Court of the United Kingdomandsenior judgesfrom theCommonwealth.The Privy Council formerly acted as thefinal court of appealfor the entireBritish Empire(other than for the United Kingdom itself). It continues to hear judicial appeals from some other independentCommonwealth countries,as well asCrown DependenciesandBritish Overseas Territories.

History

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Further information:Privy Council of England,Privy Council of Scotland,English law,andScots law

ThePrivy Councilof the United Kingdom, created on 1 January 1801, was preceded by the Privy Council ofScotland,the Privy Council ofEngland,and the Privy Council ofGreat Britain(1708–1800). Its continued existence has been described as "more or less a constitutional and historical accident".[2]The key events in the formation of the modern Privy Council are given below:

InAnglo-Saxon England,theWitenagemotwas an early equivalent to thePrivy Council of England.During the reigns of theNorman monarchs,theEnglish Crownwas advised by aroyal courtorcuria regis,which consisted ofmagnates,ecclesiasticsandhigh officials.The body originally concerned itself with advising the sovereign on legislation, administration and justice.[3]Later, different bodies assuming distinct functions evolved from the court. The courts of law took over the business of dispensingjustice,whileParliamentbecame the supreme legislature of the kingdom.[4]Nevertheless, the Council retained the power to hear legal disputes, either in the first instance or on appeal.[5]Furthermore, laws made by the sovereign on the advice of the Council, rather than on the advice of Parliament, were accepted as valid.[6]Powerful sovereigns often used the body to circumvent the Courts and Parliament.[6]For example, a committee of the Council — which later became theCourt of the Star Chamber— was during the 15th century permitted to inflict any punishment except death, without being bound by normalcourt procedure.[7]DuringHenry VIII's reign, the sovereign, on the advice of the Council, was allowed to enact laws by mere proclamation. The legislative pre-eminence of Parliament was not restored until after Henry VIII's death.[8]By 1540 the nineteen-member council had become a new national institution, most probably the creation ofThomas Cromwell,without there being exact definitions of its powers.[9]Though the royal Council retained legislative and judicial responsibilities, it became a primarily administrative body.[10]In 1553 the Council consisted of forty members÷,[11]whereasHenry VIIswore over a hundred servants to his council.[12]Sovereigns relied on a smaller working committee which evolved into the modernCabinet.

By the end of theEnglish Civil War,the monarchy, House of Lords, and Privy Council had been abolished. The remainingparliamentary chamber,theHouse of Commons,instituted aCouncil of Stateto execute laws and to direct administrative policy. The forty-one members of the Council were elected by the House of Commons; the body was headed byOliver Cromwell,de factomilitary dictator of the nation. In 1653, however, Cromwell becameLord Protector,and the Council was reduced to between thirteen and twenty-one members, all elected by the Commons. In 1657, the Commons granted Cromwell even greater powers, some of which were reminiscent of those enjoyed by monarchs. The Council became known as theProtector's Privy Council;its members were appointed by the Lord Protector, subject to Parliament's approval.[13]

In 1659, shortly before therestoration of the monarchy,the Protector's Council was abolished.[13]KingCharles IIrestored the Royal Privy Council, but he, like previousStuartmonarchs, chose to rely on a small group of advisers.[14]The formation of theKingdom of Great Britainin 1707 combined the Privy Councils of England and Scotland, the latter body coming to an end in 1708.

Under KingGeorge I,even more power transferred to a small committee of the Council, which began to meet in the absence of the sovereign, communicating its decisions to him after the fact. Thus, the Privy Council, as a whole, ceased to be a body of important confidential advisers to the Sovereign; the role passed to a committee of the Council, now known as theCabinet.[15]

With the creation of the United Kingdom on 1 January 1801, a single Privy Council was created for Great Britain and Ireland, although thePrivy Council of Irelandcontinued to exist until 1922, when it was abolished upon the creation of theIrish Free Stateas an independentDominionoutside the United Kingdom, but within theBritish Empire.ThePrivy Council of Northern Irelandwas created in 1922, but became defunct in 1972, when theParliament of Northern Irelandwas closed down.

Functions

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The sovereign may makeOrders in Councilupon the advice of the Privy Council. Orders in Council, which are drafted by thegovernmentrather than by the sovereign, are forms of eitherprimary or secondary legislation,depending on the power they are made under. Orders made underprerogativepowers, such as the power to grantroyal assentto legislation, are a form of primary legislation, while orders made under statutory powers are a form of secondary legislation.[16][17][18]

Orders of Council,distinct from Orders in Council, are issued by members of the Privy Council without requiring the approval of the sovereign. Like Orders in Council, they can be made under statutory powers or royal prerogative.[16]Orders of Council are most commonly used for the regulation of public institutions and regulatory bodies.[17]

The sovereign also grantsroyal charterson the advice of the Privy Council. Charters bestow special status toincorporated bodies;they are used to grantcharteredstatus to certain professional, educational or charitable bodies, and sometimes alsocityandboroughstatus to towns.[19]The Privy Council therefore deals with a wide range of matters, which also includes university andlivery companystatutes,[20]churchyards,[21]coinage and the dates ofbank holidays.[22]The Privy Council formerly had sole power to grant academic degree-awarding powers and the title ofuniversity,[23]but following theHigher Education and Research Act 2017these powers have been transferred to theOffice for Studentsfor educational institutions in England.[24]

Notable orders

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Before theConstitutional Reform and Governance Act 2010theCivil Servicewas governed by powers ofroyal prerogative.These powers were usually delegated to ministers byOrders in Council,and were used by Margaret Thatcher to banGCHQstaff from joining trade unions.[25][26]

Another, the Civil Service (Amendment) Order in Council 1997, permitted the Prime Minister to grant up to threepolitical advisersmanagement authority over some Civil Servants.[27][28]

In the 1960s, the Privy Council made an order to evict an estimated 1,200 to 2,000 inhabitants of the 55-islandChagos Archipelagoin the Indian Ocean,[29]in preparation for the establishment of a joint United States–United Kingdom military base on the largest island in the archipelago,Diego Garcia.In 2000, theHigh Court of Justiceruled that the inhabitants had a right to return to the archipelago.[30]

In 2004, the Privy Council, underJack Straw's tenure, overturned the ruling. In 2006, theHigh Court of Justicefound the Privy Council's decision to be unlawful. Justice Kentridge stated that there was no knownprecedent"for the lawful use of prerogative powers to remove or exclude an entire population of British subjects from their homes and place of birth",[27][31][32]and the Court of Appeal were persuaded by this argument, but in 2007 theLaw Lordsof theAppellate Committee of the House of Lordsfound the original decision to be flawed and overturned the ruling by a 3–2 decision, thereby upholding the terms of the Order in Council.[33]As of 2023, negotiations between the Mauritian and UK governments that included the sovereignty of the Chagossians were still ongoing.[30]

Committees

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Judicial Committee of the Privy Council.

The Privy Council has committees:[34]

Baronetage Committee

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TheBaronetage Committeewas established by a 1910 Order in Council, duringEdward VII's reign, to scrutinise all succession claims (and thus reject doubtful ones) to be placed on theRoll of Baronets.[34]

Committee for the Affairs of Jersey and Guernsey

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TheCommittee for the Affairs of Jersey and Guernseyrecommends approval ofChannel Islandslegislation.[34]

Committee for the Purposes of the Crown Office Act 1877

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The Committee for the purposes of theCrown Office Act 1877consists of theLord ChancellorandLord Privy Sealas well as a secretary of state. The Committee, which last met in 1988, is concerned with the design and usage ofwafer seals.[34]

Executive Committee

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TheCabinet of the United Kingdomis the executive committee of the Privy Council and the senior decision-making body ofBritish Government.[35]

Judicial Committee

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Further information:Judicial Committee of the Privy Council

TheJudicial Committeeserves as thefinal court of appealfor theCrown Dependencies,theBritish Overseas Territories,someCommonwealthcountries, military sovereign base areas and a few institutions in theUnited Kingdom.The Judicial Committee also hears very occasional appeals from a number of ancient and ecclesiastical courts. These include theChurch Commissioners,theArches Court of Canterbury,theChancery Court of York,prize courts, theHigh Court of Chivalry,and theCourt of Admiraltyof theCinque Ports.This committee usually consists of members of theSupreme Court of the United Kingdomand senior judges of theCommonwealth of Nationswho are Privy Counsellors.

Within the United Kingdom, the Judicial Committee hears appeals fromecclesiastical courts,the Admiralty Court of the Cinque Ports,Prize Courtsand the Disciplinary Committee of theRoyal College of Veterinary Surgeons,appeals against schemes of theChurch Commissionersand appeals under certain Acts of Parliament (e.g., theHouse of Commons Disqualification Act 1975).[36]The Crown-in-Council was formerly the supreme appellate court for the entireBritish Empire,[37]but a number of Commonwealth countries have now abolished the right to such appeals.[38]The Judicial Committee continues to hear appeals from several Commonwealth countries, fromBritish Overseas Territories,Sovereign Base AreasandCrown Dependencies.[36]The Judicial Committee had direct jurisdiction in cases relating to theScotland Act 1998,theGovernment of Wales Act 1998and theNorthern Ireland Act 1998,but this was transferred to the newSupreme Court of the United Kingdomin 2009.[39]

Scottish Universities Committee

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TheScottish Universities Committeeconsiders proposed amendments to the statutes ofScotland's four ancient universities.[34]

Universities Committee

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TheUniversities Committee,which last met in 1995, considerspetitionsagainst statutes made by Oxford and Cambridge universities and their colleges.[34]

Board of Trade

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TheCommittee for Trade and Foreign Plantationsis responsible for foreign trade and used to manage theCrown colonies,but currently has only one member (thePresident of the Board of Trade).

Other committees

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In addition to the standing committees,ad hoccommittees are notionally set up to consider and report on petitions forroyal chartersof Incorporation and to approve changes to thebye-lawsofbodiescreated by royal charter.[34]

Committees of privy counsellors are occasionally established to examine specific issues. Such committees are independent of the Privy Council Office and therefore do not report directly to the lord president of the council.[34]Examples of such committees include:[34]

Former committees

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Historical, but now defunct committees include:

Membership

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See also:List of current members of the British Privy Council

Composition

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CaricaturebyThomas RowlandsontitledPrivy Council of a King(1815); enthroned isGeorge IV, then Prince Regent.

The Sovereign, when acting on the Council's advice, is known as theKing-in-CouncilorQueen-in-Council,depending on the sex of the reigning monarch.[40]The members of the Council are collectively known asThe Lords of His Majesty's Most Honourable Privy Council[41](sometimesThe Lords and others of...).[42]The chief officer of the body is theLord President of the Council,who is the fourth-highestGreat Officer of State,[43]aCabinet memberand normally, either the Leader of the House of Lords or of the House of Commons.[44]Another important official is theClerk,whose signature is appended to all orders made in the Council.[45]

BothPrivy CounsellorandPrivy Councillormay correctly be used to refer to a member of the Council. The former, however, is preferred by thePrivy Council Office,[46]emphasising English usage of the termCounselloras "one who givescounsel",as opposed to" one who is a member of a council ". A Privy Counsellor is traditionally said to be"sworn of"the Council after being received by the sovereign.[47]

The sovereign may appoint any person as a Privy Counsellor,[48]but in practice, appointments are made only on the advice ofHis Majesty's Government.The majority of appointees are senior politicians, including ministers of the Crown, the leader ofthe main opposition party,the leader of the third-largest party in the House of Commons, the heads of the devolved administrations, and senior politicians from Commonwealth countries. Besides these, the Council includes a small number of members of theRoyal Family,some senior British and Commonwealth judges, some senior clergy, and a small number of senior civil servants.

There is no statutory limit to the membership of the Privy Council.[49]Members have no automatic right to attend all Privy Council meetings, and only some are summoned regularly to meetings (in practice at thePrime Minister's discretion).

TheChurch of England's three senior bishops – theArchbishop of Canterbury,theArchbishop of York[49]and theBishop of London[50]– become privy counsellors upon appointment. Senior members of the Royal Family may also be appointed, but this is confined to the Monarch'sconsort,heir apparent,and heir apparent's spouse.[49]ThePrivate Secretary to the Sovereignis always appointed a Privy Counsellor,[51]as are theLord Chamberlain,theSpeaker of the House of Commons,and theLord Speaker.Justicesof theSupreme Court of the United Kingdom,[52]judges of theCourt of Appeal of England and Wales,[53]senior judges of theInner House of the Court of Session(Scotland's highest law court)[54]and theLord Chief Justice of Northern Ireland[55]also join the Privy Councilex officio.

The balance of Privy Counsellors is largely made up of politicians. The Prime Minister,Cabinetministersand theLeader of HM Oppositionare traditionally sworn into the Privy Council upon appointment.[49]Leaders of majorpartiesin the House of Commons,first ministersof thedevolved administrations,[56]some senior ministers outside Cabinet, and on occasion other respected senior parliamentarians are appointed privy counsellors.

Because Privy Counsellors are bound byoathto keep matters discussed at Council meetings secret, the appointment of the leaders of opposition parties as privy counsellors allows the Government to share confidential information with them "on Privy Council terms".[49]This usually only happens in special circumstances, such as in matters ofnational security.For example,Tony BlairmetIain Duncan Smith(then Leader of HM Opposition) andCharles Kennedy(thenLeader of the Liberal Democrats) "on Privy Council terms" to discuss theevidence for Iraq's weapons of mass destruction.[57]

Members from other Commonwealth realms

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Although the Privy Council is primarily a British institution, officials from some otherCommonwealth realmsare also appointed.[49]By 2000, the most notable instance was New Zealand, whoseprime minister,senior politicians,chief justiceand Court of Appeal justices were traditionally appointed privy counsellors.[58]However, appointments of New Zealand members have since been discontinued. The prime minister, thespeaker,thegovernor-generaland the chief justice are still accorded thestyleRight Honourable,but without membership of the Council.[59]Until the late 20th century, the prime ministers and chief justices of Canada and Australia were also appointed privy counsellors.[60][61]Canada also has its own Privy Council, theKing's Privy Council for Canada(seebelow). Prime ministers of some other Commonwealth countries that retain the King as their sovereign continue to be sworn of the Council.[49]

Meetings

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Queen Victoriaconvened her first Privy Council on the day of heraccessionin 1837.

Meetings of the Privy Council are normally held once each month wherever the Sovereign may be in residence at the time.[22]Thequorum,according to the Privy Council Office, is three,[62]though some statutes provide for other quorums (for example, section 35 of theOpticians Act 1989[63]provides for a lower quorum of two).

The Sovereign attends the meeting, though their place may be taken by two or moreCounsellors of State.[64][65]Under the Regency Acts 1937 to 1953 and the Counsellors of State Act 2022,[66]Counsellors of State may be chosen from among the sovereign's spouse, the four individuals next in theline of successionwho are over 21 years of age (18 for the first in line),Prince EdwardandPrincess Anne.[65]Customarily the sovereign remains standing at meetings of the Privy Council, so that no other members may sit down,[46]thereby keeping meetings short. TheLord Presidentreads out a list of orders to be made, and the sovereign merely says "Approved".[67]

Few Privy Counsellors are required to attend regularly. The settled practice is that day-to-day meetings of the Council are attended by four Privy Counsellors, usually the relevant minister to the matter(s) pertaining.[64]The Cabinet Minister holding the office ofLord President of the Councilinvariably presides.[68]Under Britain's modern conventions ofparliamentary governmentandconstitutional monarchy,every Order-in-Council is drafted by agovernment departmentand has already been approved by the minister responsible – thus actions taken by theKing-in-Councilare formalities required for validation of each measure.[64]

Full meetings of the Privy Council are held only when the reigning Sovereign announces their own engagement (which last happened on 23 November 1839,[69]in the reign ofQueen Victoria); or when there is aDemise of the Crown,either by the death or abdication of the Monarch.[57]A full meeting of the Privy Council was also held on 6 February 1811, when thePrince of Waleswas sworn in asregentbyAct of Parliament.[70]Thestatutes regulating the establishment of a regencyin the case of minority or incapacity of the sovereign also require any regents to swear their oaths before the Privy Council.[71]

In the case of aDemise of the Crown,the Privy Council – together with theLords Spiritual,theLords Temporal,theLord Mayor of the City of LondonandCourt of Aldermenof theCity of Londonas well as representatives ofCommonwealth realms– makes a proclamation declaring the accession of the new Sovereign and receives an oath from the new Monarch relating to the security of theChurch of Scotland,as required by law.[72]It is also customary for the new Sovereign to make anallocutionto the Privy Council on that occasion, and this Sovereign's Speech is formally published inTheLondon Gazette.Any such Special Assembly of the Privy Council, convened to proclaim the accession of a new Sovereign and witness the Monarch's statutory oath, is known as anAccession Council.The last such meeting was held on 10 September 2022 following the death ofElizabeth IIand the accession ofCharles III.[73]

Term of office

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Membership is conferred for life. Formerly, the death of a monarch ( "demise of the Crown") brought an immediate dissolution of the council, as allCrown appointmentsautomatically lapsed.[74]By the 18th century, it was enacted that the council would not be dissolved until up to six months after the demise of the Crown.[a]By convention, however, the sovereign would reappoint all members of the council after its dissolution.[77][78]In practice, therefore, membership continued without a break.[49]In 1901, thelawwas changed to ensure that Crown appointments became wholly unaffected by any succession of monarch.[79]

The sovereign, however, may remove an individual from the Privy Council. Former MPElliot Morleywas expelled on 8 June 2011, following hisconvictionon charges of false accounting in connection with theBritish parliamentary expenses scandal.[80][81]Before this, the last individual to be expelled from the Council wasSir Edgar Speyer,Bt.,who was removed on 13 December 1921[82][83]for collaborating with the enemyGerman Empire,during theFirst World War.[84]

Individuals can choose to resign, sometimes to avoid expulsion. Three members voluntarily left the Privy Council in the 20th century:John Profumo,[84]who resigned on 26 June 1963;[85][86]John Stonehouse,[84]who resigned on 17 August 1976[85][87]andJonathan Aitken,who resigned on 25 June 1997[88]following allegations ofperjury.[84][89]

So far, four Privy Counsellors have resigned in the 21st century, three in the same year. On 4 February 2013,Chris Huhneannounced that he would voluntarily leave the Privy Council after pleading guilty toperverting the course of justice.[90]Lord Prescottstood down on 6 July 2013, in protest against delays in the introduction of press regulation, expecting others to follow.[91]Denis MacShaneresigned on 9 October 2013, before anOld Baileyhearing at which he pleaded guilty of false accounting and was subsequently imprisoned.[92][93]In April 2022, formerPrime Minister of JamaicaP. J. Pattersonresigned to make the case forJamaica to become a republic.[94]

Rights and privileges

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The Privy Council as a whole is termed "The Most Honourable"whilst its members individually, the Privy Counsellors, are entitled to bestyled"The Right Honourable".[95]Nonetheless, some nobles automatically have higher styles:non-royal Dukesare styled "His Grace" and "The Most Noble", and Marquesses as "The Most Honourable".Modern custom as recommended byDebrett'sis to use the post-nominal letters "PC" in a social style of address forpeerswho are Privy Counsellors.[96]Forcommoners,"The Right Honourable" is sufficient identification of their status as a Privy Counsellor and they do not use the post-nominal letters "PC".[58][96][97]TheMinistry of Justicerevises the practice of this convention from time to time.[98]

Each Privy Counsellor has the right of personal access to the sovereign. Peers were considered to enjoy this right individually; members of the House of Commons possess the right collectively. In each case, personal access may only be used to tender advice onpublic affairs.[99]

Only Privy Counsellors can signify Royal Consent to the examination of aBillaffecting the rights of the Crown.[100]

Privy Counsellors have the right to sit on the steps of the Sovereign's Throne in the Chamber of the House of Lords during debates, a privilege which was shared withheirs apparentof thosehereditary peerswho were to become members of theHouse of Lordsbefore Labour's partialReform of the Lordsin 1999, diocesan bishops of theChurch of Englandyet to beLords Spiritual,retired bishops who formerly sat in the House of Lords, theDean of Westminster,Peers of Ireland,theClerk of the Crown in Chancery,and theGentleman Usher of the Black Rod.[101]While Privy Counsellors have the right to sit on the steps of the Sovereign's Throne they do so only as observers and are not allowed to participate in any of the workings of the House of Lords. Nowadays this privilege is rarely exercised. A notable recent instance of the exercising of this privilege was used by the Prime Minister,Theresa May,andDavid Lidington,who watched the opening of the debate of theEuropean Union (Notification of Withdrawal) Bill 2017in the House of Lords.[102]

Privy Counsellors are accorded a formal rank ofprecedence,if not already having a higher one.[103]At the beginning of each new Parliament, and at the discretion of theSpeaker,those members of the House of Commons who are Privy Counsellors usually take the oath of allegiance before all other members except the Speaker and theFather of the House(who is the member of the House who has the longest continuous service).[104]Should a Privy Counsellor rise to speak in the House of Commons at the same time as anotherHonourable Member,the Speaker usually gives priority to the "Right Honourable" Member.[105]This parliamentary custom, however, was discouraged underNew Labourafter 1998, despite the government not being supposed to exert influence over the Speaker.[106]

Oath and initiation rite

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Viviana Radcliffe examined by the Earl of Salisbury and the Privy Council in theStar Chamber.Illustration byGeorge CruikshankfromWilliam Harrison Ainsworth's novelGuy Fawkes.

The oath of the king's council (later the Privy Council) was first formulated in the early thirteenth century. This oath went through a series of revisions, but the modern form of the oath was essentially settled in 1571.[107]It was regarded by some members of the Privy Council as criminal, and possiblytreasonous,to disclose theoathadministered to privy counsellors as they take office.[108]However, the oath was officially made public by theBlair Governmentin a written parliamentary answer in 1998, as follows.[109]It had also previously been read out in full in the House of Lords during debate byLord Rankeillouron 21 December 1932,[110]and has been openly printed in full in widely published books during the 19th and 20th centuries.[111]

You do swear by Almighty God to be a true and faithful Servant unto the King's Majesty, as one of His Majesty's Privy Council. You will not know or understand of any manner of thing to be attempted, done, or spoken against His Majesty's Person, Honour, Crown, or Dignity Royal, but you will lett and withstand the same to the uttermost of your Power, and either cause it to be revealed to His Majesty Himself, or to such of His Privy Council as shall advertise His Majesty of the same. You will, in all things to be moved, treated, and debated in Council, faithfully and truly declare your Mind and Opinion, according to your Heart and Conscience; and will keep secret all Matters committed and revealed unto you, or that shall be treated of secretly in Council. And if any of the said Treaties or Counsels shall touch any of the Counsellors, you will not reveal it unto him, but will keep the same until such time as, by the Consent of His Majesty, or of the Council, Publication shall be made thereof. You will to your uttermost bear Faith and Allegiance unto the King's Majesty; and will assist and defend all Jurisdictions, Pre-eminences, and Authorities, granted to His Majesty, and annexed to the Crown by Acts of Parliament, or otherwise, against all Foreign Princes, Persons, Prelates, States, or Potentates. And generally in all things you will do as a faithful and true Servant ought to do to His Majesty. So help you God.[109]

Privy counsellors can choose toaffirmtheir allegiance in similar terms, should they prefer not to take a religious oath.[112]At the induction ceremony, the order of precedence placesAnglicans(being those of theestablished church) before others.[113]

The initiation ceremony for newly appointed privy counsellors is held in private, and typically requires kneeling on a stool before the Sovereign and thenkissing hands.[114][115]According toThe Royal Encyclopaedia:"The new Privy Counsellor or Minister will extend his or her right hand, palm upwards, and, taking the Queen's hand lightly, will kiss it with no more than a touch of the lips."[115]The ceremony has caused difficulties for Privy Counsellors who advocaterepublicanism;Tony Bennsaid in his diaries that he kissed his own thumb, rather than the Queen's hand, whileJeremy Corbynreportedly did not kneel.[115]Not all members of the Privy Council go through the initiation ceremony; appointments are frequently made by anOrder in Council,although it is "rare for a party leader to use such a course."[116]

Other councils

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The Privy Council is one of the four principal councils of the sovereign. The other three are thecourts of law,theCommune Concilium(Common Council, i.e. Parliament) and theMagnum Concilium(Great Council, i.e. the assembly of all thepeers of the realm). All are still in existence, or at least have never been formally abolished, but theMagnum Conciliumhas not been summoned since 1640 and was considered defunct even then.[99][117]

Several other privy councils have advised the sovereign. England and Scotland once had separate privy councils (thePrivy Council of EnglandandPrivy Council of Scotland). TheActs of Union 1707united the two countries into theKingdom of Great Britainand in 1708 theParliament of Great Britainabolished the Privy Council of Scotland.[118][119]Thereafter there was one Privy Council of Great Britain sitting in London.[120]Ireland,on the other hand, continued to have a separate Privy Council even after theAct of Union 1800.The last appointments to thePrivy Council of Irelandwere made in 1922, whenthe greater part of Irelandseparated from the United Kingdom as an independentDominion.It was succeeded by thePrivy Council of Northern Ireland,which became dormant after the suspension of theParliament of Northern Irelandin 1972.[121]

Canada has had its own Privy Council — theKing's Privy Council for Canada— since 1867.[122]While the Canadian Privy Council is specifically "for Canada", the Privy Council discussed above is not "for the United Kingdom"; to clarify the ambiguity where necessary, the latter was historically referred to as the Imperial Privy Council. Equivalent organs of state in other Commonwealth realms, such as Australia and New Zealand, are calledExecutive Councils.[123][124]

See also

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Notes

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  1. ^The most recent enactment deferring dissolution was theSuccession to the Crown Act 1707(6 Ann.c. 41).[75][76]Section VIII provided, "... the Privy Council of Her Majesty, her heirs or successors for the Kingdom of Great Britain, shall not be determined or dissolved by the death or demise of Her Majesty, her heirs or successors; but such Privy Council shall continue and act as such by the space of six months next after such demise, unless sooner determined by the next successor to whom the imperial Crown of this realm is limited and appointed to go, remain, and descend;..." Despite becoming obsolete in 1901, this section remained on the statute book until it was repealed by the Statute Law (Repeals) Act 1973 (c. 39), section 1(1) and Schedule 1 part I.

References

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  1. ^"Privy Council: Orders Approved and Business Transacted at the Privy Council, Held by the King at Buckingham Palace on 30th May 2024"(PDF).Privy Council Office. 30 May 2024.
  2. ^Torrance 2023,p. 7. Quote is ofJanet Royall, Baroness Royall of Blaisdon.
  3. ^Dicey, pp. 6–7.
  4. ^Dicey, p. 24.
  5. ^Dicey, pp. 12–14.
  6. ^abGay, p. 2.
  7. ^Maitland, pp. 262–3.
  8. ^Maitland, p. 253.
  9. ^Wilson, Derek. (1973).A Tudor tapestry: Men, women and society in Reformation England.Pittsburgh, Pa: University of Pittsburgh Press.ISBN0-8229-3242-3.p. 130, footnote no. 12 pp. 256–257. Cf. Elton, G.R.The Tudor Revolution in Government: Administrative changes in the reign of Henry VIII.pp. 316 ff.The Internet Archive websiteRetrieved 13 March 2021.
  10. ^Goodnow, p. 123
  11. ^Maitland, p. 256.
  12. ^Elton, G.R. (1953).The Tudor revolution in government; administrative changes in the reign of Henry VIII.Cambridge: Cambridge University Press. p. 318.ISBN0521048923.The Internet Archive website.Retrieved 13 March 2021.
  13. ^abPlant, D (2007)."The Council of State".British Civil Wars, Commonwealth and Protectorate, 1638–60.Archivedfrom the original on 26 September 2008.Retrieved11 September2008.
  14. ^Warshaw, p. 7.
  15. ^Gay and Rees, pp. 2–3.
  16. ^abThe Cabinet Manual.Cabinet Office. 14 December 2010. pp. 19, 44–45.
  17. ^abHouse of Commons Information Office (May 2008)."Statutory Instruments"(PDF).Factsheet.ISSN0144-4689.No.L7 Ed 3.9.Retrieved3 August2008.
  18. ^Order in CouncilArchived19 February 2009 at theWayback Machinedated 9 July 2008, approving The NHS Redress (Wales) Measure 2008, the first Measure to be passed by the Assembly on 6 May 2008. Office of Public Sector Information.
  19. ^"Royal Charter".Privy Council Office.Archivedfrom the original on 5 April 2012.Retrieved13 January2012.
  20. ^Gay and Rees, p. 5.
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