Tuesday 24th of December 2024

the royal prerogative scam .....

the royal prerogative scam .....

A little-known power enjoyed by the Queen and Prince of Wales to alter new laws is due to be exposed after the government lost a legal battle to keep details of its application private.

The information commissioner has ruled that the Cabinet Office must publish an internal Whitehall guide to the way the senior royals are consulted before legislation is introduced to ensure it does not harm their private interests.

The application of the controversial veto was revealed by the Guardian last year and has been described by constitutional lawyers as "a royal nuclear deterrent". Some believe it may underpin the influence Prince Charles appears to wield in Whitehall over pet issues ranging from architecture to healthcare.

A judgment issued last week by the deputy information commissioner, Graham Smith, means the Cabinet Office has until 25 September to release the confidential internal manual. It details how the consent of "The Crown and The Duchy of Cornwall" is obtained before bills are passed into law and what criteria ministers apply before asking the royals to amend draft laws. If it fails to do so it could face high court action.

In the past two parliamentary sessions Charles has been asked to consent to at least 12 draft bills on everything from wreck removals to co-operative societies. Between 2007 and 2009 he was consulted on bills relating to coroners, economic development and construction, marine and coastal access, housing and regeneration, energy and planning. In Charles's case, the little-known power stems from his role as the head of the £700m Duchy of Cornwall estate, which provides his £17m-a-year private income.

The government battled to keep the manual secret, claiming publication would breach legal professional privilege, and a spokeswoman for the Cabinet Office said it was still deciding whether to challenge the ruling at the information tribunal.

Lord Berkeley, a Labour peer who was told to seek Charles's consent on a marine navigation bill, said the commissioner's decision was "absolutely right". He said publication could shed light on a little-known procedure that allows the prince and the Queen "to fiddle around with bills to make sure they don't affect their private interests".

"People will start thinking, what the hell is going on?" he said. "We are in the 21st century, not the 18th century and it is crazy to think they are even trying to do this. The royal family should give up this special privilege and we should all obey the law of the land. Just because they have private estates, private incomes and land from several centuries ago doesn't mean they should have the right to interfere."

The latest crack in the edifice of secrecy around Charles's influence on public life came after a legal scholar, John Kirkhope, asked for Whitehall's internal manuals on consulting the royals. He said it was "clearly in the public interest that citizens understand how laws are made and applied as well as the circumstances in which the Duchy of Cornwall is consulted".

Kirkhope was researching a university thesis about the legal status of the duchy and wanted to know how ministers decided whether new laws affected the "hereditary revenues, personal property of the Duke [Charles] or other interests".

The Duchy of Cornwall runs farms and industrial property, builds houses and acts as a landlord as well as taking responsibility for large areas of the natural environment in south-west England. Its interests often overlap with Charles's own in areas such as town planning where past interventions in public debate have seen the prince accused of abusing his influence to distort the democratic process.

In 2009 Charles caused a storm when he stepped into the public planning debate for the Chelsea Barracks housing development designed by Richard Rogers. He privately complained to the site's owner, the prime minister of Qatar, that the design was "a gigantic experiment with the very soul of our capital city". Rogers was promptly sacked and the scheme redrawn in line with the prince's tastes.

Kirkhope said evidence he had gathered suggested the process of seeking royal consent for draft bills was not a mere formality. "The correspondence indicates that the effects of the bills are explained to the royal household, including the Duchy of Cornwall, discussions ensue and if necessary changes are made to proposed legislation," he said. "Departments of state have fought to avoid releasing correspondence which gives some hint of how the process works and the Cabinet Office has resisted releasing details of the guidance which determines whether the prince as Duke of Cornwall is consulted in the first place.

"As a citizen of this country I have a proper interest in ensuring the process by which laws are made should be transparent and that those who are given special privileges should be accountable. That is demonstrably not the case with regard to the Duchy of Cornwall."

Earlier in August Kirkhope forced the government to release edited emails showing how the Ministry of Justice consulted Buckingham Palace in 2008 and 2009 over the detail of the apprenticeships bill and how it would affect the Queen "in her personal capacity". As an employer of 1,200 staff the royal household stood to be affected, along with thousands of other employers. The civil servants wanted to know "Her Majesty's intentions in relation to the bill" before its second reading in the House of Commons.

One email refers to a note from the Queen's solicitors, Farrer and Co, "setting out his instructions in relation to the application of the apprenticeships bill to Her Majesty in her personal capacity".

The official states: "I understand from our discussion today that it might not be possible for what they want to happen without there being express provision in the bill".

It echoes correspondence released last year in which a minister wrote to the prince's office requesting his consent to a new planning bill because it was "capable of applying to ... [the] Prince of Wales' private interests".

Buckingham Palace and Clarence House released a joint statement in response to the information commissioner's ruling. "The royal household understands that the Cabinet Office is considering the information commissioner's decision and next step," it said. "It would not be a matter for the royal household to challenge any decision."

Secret Royal Veto Powers Exposed 

from the royal sandpit ....

The government has for the first time been ordered to disclose copies of confidential letters that Prince Charles wrote to ministers.

The publication of the letters will reveal how the heir to the throne has been lobbying ministers behind the scenes with his strongly held opinions.

In a significant ruling published on Tuesday, three judges in a freedom of information tribunal decided the public is entitled to know how the prince seeks to alter government policy.

"The essential reason is that it will generally be in the overall public interest for there to be transparency as to how and when Prince Charles seeks to influence government," they ruled.

For seven years, the government has been resisting the disclosure of a set of letters following a freedom of information request by the Guardian to see them.

Seven Whitehall departments will now have to hand over within a month letters sent during a seven-month period in 2004 and 2005, unless they lodge an appeal at the court of appeal.

There have been long-standing criticisms that the prince has been intervening in the affairs of government by sending a stream of letters to ministers, known as "black spider memos" because of his handwriting.

In their 126-page ruling, the judges, led by Mr Justice Walker, acknowledged that some people "fear, among other things, that disclosure would damage our constitutional structures". However, they dismissed the arguments put forward by the Whitehall departments, saying they had a "strong air of unreality" and were "difficult to pin down".

The departments had argued that the correspondence between the prince and ministers had to be kept secret under a constitutional convention. Disclosure would undermine the convention which allowed the heir to the throne to be educated in the business of government to prepare him to become king, they claimed.

But the judges decided that permitting the prince's lobbying to be concealed under this convention was a "massive extension" of the convention, which was not justified. They decided that "it was fundamental" that the lobbying by the heir "cannot have constitutional status" and cannot be protected from disclosure.

The evidence, they said, "shows Prince Charles using his access to government ministers, and no doubt considering himself entitled to use that access, in order to set up and drive forward charities and promote views, but not as part of his preparation for kingship".

"Ministers responded, and no doubt felt themselves obliged to respond, but again not as part of Prince Charles's preparation for kingship."

Paul Richards, a former Labour special adviser, told the tribunal that letters from the prince went "to the top of the pile" and were "treated with great reverence".

The judges noted that although the public had strong views about Charles, they had made their decision "dispassionately – in the words of the judicial oath, 'without fear or favour, affection or ill-will'".

They said: "Some will be horrified at any suggestion that correspondence between government and their heir to the throne should be published … Others may welcome such disclosure, fearing among other things that without it there will be no real ability to understand the role played by Prince Charles in government decision-making."

The judges noted that the prince's activities "are not neutral and in a number of respects have been controversial".

Adam Tomkins, a law professor, had testified that the prince had lobbied on "the perceived merits of holistic medicine, the perceived evils of genetically modified crops, the apparent dangers of making cuts in the armed forces, his strong dislike of certain forms of architecture (leading him to make high-profile interventions in a number of contested planning developments), a range of issues relating to agricultural policy".

According to media reports, the prince once complained to Tony Blair, when he was prime minister, about the government's treatment of rural workers, relaying a Cumbrian farmer's view that "if we, as a group, were black or gay, we would not be victimised or picked on".

On another occasion he outlined his concerns to Lord Irvine, then lord chancellor, about an American-style "compensation culture", reportedly writing: "I and countless others dread the very real and growing prospect of an American-style personal injury 'culture' becoming ever more prevalent in this country".

He was also reported to have criticised "the degree to which our lives are becoming ruled by a truly absurd degree of politically correct interference".

Copies or details of the prince's letters have been made public, either through leaks, Jonathan Dimbleby's 1994 biography of Charles, or other sources. However, the tribunal's decision is the first time under the freedom of information legislation that the government has been instructed to publish his letters.

It is likely to be the last time, as ministers last year enforced a blanket ban on his correspondence being disclosed under the freedom of information law in the future, regardless of whether it is in the public interest. The absolute block was imposed following pressure from the royal family, a well-placed source has told the Guardian.

The judges ordered the Cabinet Office, and the departments responsible for business, health, schools, environment, culture and Northern Ireland to disclose their correspondence with the prince between September 2004 and April 2005.

It is the second freedom of information defeat the government has suffered over the question of the prince's political influence. The Queen and the prince have the power to veto legislation that could harm their private interests. Last month the information commissioner ruled that an internal Whitehall guide into the use of this veto should be published.

Prince Charles's Letters To Ministers Should Be Disclosed, Judges Rule

thankyou & goodbye ....

The Queen intervened in the case of the 'preacher of hate' Abu Hamza to ask the Home Secretary why he had not been arrested, it has emerged.

The revelation came this morning from Frank Gardner, the BBC's respected security correspondent, following the landmark ruling of the European Court of Human Rights that Hamza could be sent to the US for trial.

It is highly unusual for the Queen's personal views to become known, and rare for details of her attempts to intervene with her ministers to be revealed. An embarrassed BBC has already sent a letter of apology to Buckingham palace, saying the revelations were "wholly inappropriate" and that Gardner was extremely sorry.

The revelation came during a discussion between Gardner and James Naughtie on Radio 4's Today programme about the long legal fight to extradite Abu Hamza. Gardner said the Queen had been so "upset" about the Islamist extremist being allowed to preach his message of hate in the UK that she had asked a former Home Secretary to explain why he was still at large.

Hamza and four other terrorism suspects are facing extradition to America within days after they had their case against removal from Britain thrown out by the ECHR yesterday.

Gardner revealed today that the Queen told him of her frustration at Hamza remaining at liberty in Britain before he was charged with offences under the Terrorism Act in October 2004.

"The Queen was pretty upset that there was no way to arrest him. She couldn't understand – surely there must be some law that he broke," the BBC correspondent said.

"Well, sure enough there was. He was eventually convicted and sentenced to seven years for soliciting murder and racial hatred."

Gardner added: "She spoke to the Home Secretary at the time and said, 'surely this man must have broken some laws, my goodness, why is he still at large?'

"Because he was conducting these radical activities, he called Britain a toilet, he was incredibly anti-British, and yet he was sucking up money from this country for a long time. He was a huge embarrassment to Muslims, who condemned him."

Asked how he knew about the Queen's views on Hamza, Gardner said simply: "She told me."

James Naughtie was clearly taken aback by Gardner's revelation, saying he had dropped a 'nugget' into the conversation about Hamza. Buckingham Palace declined to comment.

Queen Asked Home Secretary Why Abu Hamza Could Not Be Arrested