Privy Council (United Kingdom)
Arms used by the Privy Council Office | ||
Abbreviation | Privy Council (PC) | |
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Predecessor |
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Formation | 1 January 1801 | |
Legal status | Monarch | Charles III (King-in-Council) |
Penny Mordaunt | ||
Richard Tilbrook | ||
Ceri King | ||
Staff | Privy Council Office | |
Website | privycouncil.gov.uk |
This article is part of a series on |
Politics of the United Kingdom |
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United Kingdom portal |
His Majesty's Most Honourable Privy Council is a
The Privy Council formally advises the sovereign on the exercise of the
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 the
History
The
In
By the end of the
In 1659, shortly before the
Under George 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 the Cabinet.[14]
With the creation of the United Kingdom on 1 January 1801, a single Privy Council was created for Great Britain and Ireland, although the Irish Privy Council continued to exist until 1922.
Functions
The sovereign may make
The sovereign also grants
Notable orders
The
Another, the Civil Service (Amendment) Order in Council 1997, permitted the Prime Minister to grant up to three
In the 1960s, the Privy Council made an order to evict an estimated 1,200 to 2,000 inhabitants of the 55-island Chagos Archipelago in the Indian Ocean,[28] 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, the High Court of Justice ruled that the inhabitants had a right to return to the archipelago,[29] but the House of Lords overturned that decision in 2007.[30] As of 2023, negotiations between the Mauritian and UK governments that included the sovereignty of the Chagossians were still ongoing.[29]
In 2004, the Privy Council, under
Committees
The Privy Council has committees:[34]
Baronetage Committee
The Baronetage Committee was established by a 1910 Order in Council, during Edward VII's reign, to scrutinise all succession claims (and thus reject doubtful ones) to be placed on the Roll of Baronets.[34]
Committee for the Affairs of Jersey and Guernsey
The Committee for the Affairs of Jersey and Guernsey recommends approval of Channel Islands legislation.[34]
Committee for the Purposes of the Crown Office Act 1877
The Committee for the purposes of the Crown Office Act 1877 consists of the Lord Chancellor and Lord Privy Seal as well as a secretary of state. The Committee, which last met in 1988, is concerned with the design and usage of wafer seals.[34]
Executive Committee
The
Judicial Committee
The Judicial Committee serves as the final court of appeal for the Crown Dependencies, the British Overseas Territories, some Commonwealth countries, military sovereign base areas and a few institutions in the United Kingdom. The Judicial Committee also hears very occasional appeals from a number of ancient and ecclesiastical courts. These include the Church Commissioners, the Arches Court of Canterbury, the Chancery Court of York, prize courts, the High Court of Chivalry, and the Court of Admiralty of the Cinque Ports. This committee usually consists of members of the Supreme Court of the United Kingdom and senior judges of the Commonwealth of Nations who are Privy Counsellors.
Within the United Kingdom, the Judicial Committee hears appeals from
Scottish Universities Committee
The Scottish Universities Committee considers proposed amendments to the statutes of Scotland's four ancient universities.[34]
Universities Committee
The Universities Committee, which last met in 1995, considers petitions against statutes made by Oxford and Cambridge universities and their colleges.[34]
Board of Trade
The
Other committees
In addition to the standing committees, ad hoc committees are notionally set up to consider and report on petitions for
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]
- the Butler Committee – operation of the intelligence services in the runup to military intervention in Iraq
- the Chilcot Committee – for the Chilcot Inquiryon the use of intercept materials
- the UK security serviceswere complicit in torture of detainees.
Former committees
Historical, but now defunct committees include:
Membership
Composition
The Sovereign, when acting on the Council's advice, is known as the
Both Privy Counsellor and Privy Councillor may correctly be used to refer to a member of the Council. The former, however, is preferred by the Privy Council Office,[46] emphasising English usage of the term Counsellor as "one who gives counsel", 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,
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 the Prime Minister's discretion).
The
The balance of Privy Counsellors is largely made up of politicians. The Prime Minister,
some senior ministers outside Cabinet, and on occasion other respected senior parliamentarians are appointed privy counsellors.Because Privy Counsellors are bound by oath to 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 of national security. For example, Tony Blair met Iain Duncan Smith (then Leader of HM Opposition) and Charles Kennedy (then Leader of the Liberal Democrats) "on Privy Council terms" to discuss the evidence for Iraq's weapons of mass destruction.[57]
Members from other Commonwealth realms
Although the Privy Council is primarily a British institution, officials from some other
Meetings
Meetings of the Privy Council are normally held once each month wherever the Sovereign may be in residence at the time.[21] The quorum, according to the Privy Council Office, is three,[62] though some statutes provide for other quorums (for example, section 35 of the Opticians Act 1989[63] provides for a lower quorum of two).
The Sovereign attends the meeting, though their place may be taken by two or more
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.
Full meetings of the Privy Council are held only when the reigning Sovereign announces their own engagement (which last happened on 23 November 1839,
In the case of a
Term of office
Membership is conferred for life. Formerly, the death of a monarch ("demise of the Crown") brought an immediate dissolution of the council, as all Crown appointments automatically 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, the law was 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 MP
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] and Jonathan Aitken, who resigned on 25 June 1997[88] following allegations of perjury.[84][89]
So far, four Privy Counsellors have resigned in the 21st century, three in the same year. On 4 February 2013, Chris Huhne announced that he would voluntarily leave the Privy Council after pleading guilty to perverting the course of justice.[90] Lord Prescott stood down on 6 July 2013, in protest against delays in the introduction of press regulation, expecting others to follow.[91] Denis MacShane resigned on 9 October 2013, before an Old Bailey hearing at which he pleaded guilty of false accounting and was subsequently imprisoned.[92][93] In April 2022, former Prime Minister of Jamaica P. J. Patterson resigned to make the case for Jamaica to become a republic.[94]
Rights and privileges
The Privy Council as a whole is termed "
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 on public affairs.[99]
Only Privy Counsellors can signify Royal Consent to the examination of a Bill affecting 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 with
Privy Counsellors are accorded a formal rank of precedence, if not already having a higher one.[103] At the beginning of each new Parliament, and at the discretion of the Speaker, 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 the Father 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 another Honourable Member, the Speaker usually gives priority to the "Right Honourable" Member.[105] This parliamentary custom, however, was discouraged under New Labour after 1998, despite the government not being supposed to exert influence over the Speaker.[106]
Oath and initiation rite
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 possibly treasonous, to disclose the oath administered to privy counsellors as they take office.[108] However, the oath was officially made public by the Blair Government in 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 by Lord Rankeillour on 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 to
The initiation ceremony for newly appointed privy counsellors is held in private, and typically requires kneeling on a stool before the Sovereign and then kissing hands.[114][115] According to The 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 advocate republicanism; Tony Benn said in his diaries that he kissed his own thumb, rather than the Queen's hand, while Jeremy Corbyn reportedly did not kneel.[115] Not all members of the Privy Council go through the initiation ceremony; appointments are frequently made by an Order in Council, although it is "rare for a party leader to use such a course."[116]
Other councils
The Privy Council is one of the four principal councils of the sovereign. The other three are the
Several other privy councils have advised the sovereign. England and Scotland once had separate privy councils (the
Canada has had its own Privy Council—the
See also
- List of Royal members of the Privy Council
- List of current Privy Counsellors
- List of senior members of the Privy Council of the United Kingdom
- List of Privy Council orders
- Clerk to the Privy Council
- Court uniform and dress in the United Kingdom
- Historic list of Privy Counsellors
- Baronetage
- Burke's Peerage & Baronetage
Notes
- 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.
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Sir Edgar Speyer (struck off 13 Dec 1921)
{{cite web}}
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The Queen has accepted Jonathan Aitken's resignation from the Privy Council. [...] Two former disgraced Ministers, John Profumo and John Stonehouse, have also resigned from the Council, but no one has been thrown off since 1921 when Sir Edgar Speyer was struck off for collaborating with the Germans in the First World War.
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John Dennis Profumo (resigned 26 Jun 1963) [...] John Thomson Stonehouse (resigned 17 Aug 1976)
{{cite web}}
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Jonathan William Patrick Aitken (resigned 25 June 1997)
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privy council reappointed demise.
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{{cite book}}
: CS1 maint: location missing publisher (link) - Elton, Geoffrey Rudolph (1953). The Tudor Revolution in Government: Administrative Changes in the Reign of Henry VIII. Cambridge University Press. ISBN 9780511561115.
- Gay, O.; Rees, Aa. (2005). "The Privy Council" (PDF). House of Commons Library Standard Note. SN/PC/2708. Archived from the original (PDF) on 15 June 2010. Retrieved 13 May 2010.
- Goodnow, F. (1897). Comparative Administrative Law: an Analysis of the Administrative Systems, National and Local, of the United States, England, France and Germany. New York: G.P. Putnam's Sons. ISBN 978-1-58477-622-2.
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{{cite book}}
: CS1 maint: location missing publisher (link) - Pulman, Michael (1971). The Elizabethan Privy Council in the Fifteen Seventies. University of California Press.
- Rogers, David (2015). By Royal Appointment : Tales from the Privy Council—the unknown arm of Government. London: Biteback Publishing.
- Torrance, David (2023). The Privy Council: history, functions and membership. London: House of Commons Library. Retrieved 25 September 2023.
- Warshaw, S. (1996). Powersharing: White House—Cabinet relations in the modern presidency. Albany, N.Y.: State University of New York Press. ISBN 0-7914-2869-9.
External links
- Privy Council Office homepage
- Judicial Committee of the Privy Council homepage
- BBC: Do we need the Privy Council?; BBC Radio 4: Whats the point of the Privy Council?
- BBC: Privy Council: Guide to its origins, powers and members, 8 October 2015
- "Privy Counsellors". Parliamentary Debates (Hansard). House of Lords. 12 May 2009. col. 998–1013.
- Guardian Comment – Roy Hattersley on the Privy Council