Privy Council (United Kingdom)

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His Majesty's Most Honourable Privy Council
AbbreviationPrivy Council (PC)
Predecessor
Formation1 January 1801 (1801-01-01)
Legal status
Monarch
Charles III
(King-in-Council)
Penny Mordaunt
Richard Tilbrook
Ceri King
Staff
Privy Council Office
Websiteprivycouncil.gov.uk
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His Majesty's Most Honourable Privy Council is a

sovereign of the United Kingdom. Its members, known as privy counsellors, are mainly senior politicians who are current or former members of either the House of Commons or the House of Lords
.

The Privy Council formally advises the sovereign on the exercise of the

Orders 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 of royal charters, which are used to grant special status to incorporated bodies, and city or borough status to local authorities. Otherwise, the Privy Council's powers have now been largely replaced by its executive committee, the Cabinet 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 the

Commonwealth countries, as well as Crown Dependencies and British Overseas Territories
.

History

Further information: Privy Council of England, Privy Council of Scotland, English law, and Scots law

The

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

In

high officials. The body originally concerned itself with advising the sovereign on legislation, administration and justice.[2] Later, different bodies assuming distinct functions evolved from the court. The courts of law took over the business of dispensing justice, while Parliament became the supreme legislature of the kingdom.[3] Nevertheless, the Council retained the power to hear legal disputes, either in the first instance or on appeal.[4] Furthermore, laws made by the sovereign on the advice of the Council, rather than on the advice of Parliament, were accepted as valid.[5] Powerful sovereigns often used the body to circumvent the Courts and Parliament.[5] For example, a committee of the Council—which later became the Court of the Star Chamber—was during the 15th century permitted to inflict any punishment except death, without being bound by normal court procedure.[6] During Henry 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.[7] The nineteen-member council by 1540 had become a new national institution, likely, the creation of Thomas Cromwell without exact definitions of its powers.[8] Though the royal Council retained legislative and judicial responsibilities, it became a primarily administrative body.[9] The Council consisted of forty members in 1553,[10] whereas Henry VII swore over a hundred servants to his council.[11] Sovereigns relied on a smaller working committee which evolved into the modern Cabinet
.

By the end of the

Protector's Privy Council; its members were appointed by the Lord Protector, subject to Parliament's approval.[12]

In 1659, shortly before the

restoration of the monarchy, the Protector's Council was abolished.[12] Charles II restored the Royal Privy Council, but he, like previous Stuart monarchs, chose to rely on a small group of advisers.[13] The formation of the Kingdom of Great Britain
in 1707 combined the Privy Councils of England and Scotland, the latter body coming to an end in 1708.

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

government rather than by the sovereign, are forms of either primary or secondary legislation, depending on the power they are made under. Orders made under prerogative powers, such as the power to grant royal assent to legislation, are a form of primary legislation, while orders made under statutory powers are a form of secondary legislation.[15][16][17]

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.[15] Orders of Council are most commonly used for the regulation of public institutions and regulatory bodies.[16]

The sovereign also grants

chartered" status to certain professional, educational or charitable bodies, and sometimes also city and borough status to towns.[18] The Privy Council therefore deals with a wide range of matters, which also includes university and livery company statutes,[19] churchyards,[20] coinage and the dates of bank holidays.[21] The Privy Council formerly had sole power to grant academic degree-awarding powers and the title of university,[22] but following the Higher Education and Research Act 2017 these powers have been transferred to the Office for Students for educational institutions in England.[23]

Notable orders

The

GCHQ staff from joining a trade union.[24][25]

Another, the Civil Service (Amendment) Order in Council 1997, permitted the Prime Minister to grant up to three

political advisers management authority over some Civil Servants.[26][27]

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

Appellate Committee of the House of Lords found 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]

Committees

Judicial Committee of the Privy Council.

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

British Government.[35]

Judicial Committee

Further information: Judicial Committee of the Privy Council

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

Sovereign Base Areas and Crown Dependencies.[36] The Judicial Committee had direct jurisdiction in cases relating to the Scotland Act 1998, the Government of Wales Act 1998 and the Northern Ireland Act 1998, but this was transferred to the new UK Supreme Court in 2009.[39]

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

Crown colonies, but currently has only one member (the President of the Board of Trade
).

Other committees

In addition to the standing committees, ad hoc committees are notionally set up to consider and report on petitions for

bodies created 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]

  • the Butler Committee – operation of the intelligence services in the runup to military intervention in Iraq
  • the Chilcot Committee – for the
    Chilcot Inquiry
    on the use of intercept materials
  • the
    UK security services
    were complicit in torture of detainees.

Former committees

Historical, but now defunct committees include:

Membership

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

Composition

George IV, then Prince Regent
.

The Sovereign, when acting on the Council's advice, is known as the

Great Officer of State,[43] a Cabinet member and normally, either the Leader of the House of Lords or of the House of Commons.[44] Another important official is the Clerk, whose signature is appended to all orders made in the Council.[45]

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,

Royal 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 the Prime Minister's discretion).

The

Court of Appeal of England and Wales,[53] senior judges of the Inner House of the Court of Session (Scotland's highest law court)[54] and the Lord Chief Justice of Northern Ireland[55]
also join the Privy Council ex officio.

The balance of Privy Counsellors is largely made up of politicians. The Prime Minister,

parties in the House of Commons, first ministers of the devolved administrations,[56]
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

Right 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, the King's Privy Council for Canada (see below). Prime ministers of some other Commonwealth countries that retain the King as their sovereign continue to be sworn of the Council.[49]

Meetings

accession
in 1837.

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

Counsellors 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 the line of succession who are over 21 years of age (18 for the first in line), Prince Edward and Princess 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. The Lord President reads 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.

parliamentary government and constitutional monarchy, every Order-in-Council is drafted by a government department and has already been approved by the minister responsible – thus actions taken by the King-in-Council are 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,

Prince of Wales was sworn in as regent by Act of Parliament.[70] The statutes regulating the establishment of a regency in 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 a

London 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 an Accession Council. The last such meeting was held on 10 September 2022 following the death of Elizabeth II and the accession of Charles III.[73]

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

First 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] 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 "

Ministry of Justice revises 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 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

European Union (Notification of Withdrawal) Bill 2017 in the House of Lords.[102]

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

Viviana Radcliffe examined by the Earl of Salisbury and the Privy Council in the Star Chamber. Illustration by George Cruikshank from William Harrison Ainsworth's novel Guy 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 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

established 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 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

peers of the realm). All are still in existence, or at least have never been formally abolished, but the Magnum Concilium has 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 (the

Act of Union 1800. The last appointments to the Privy Council of Ireland were made in 1922, when the greater part of Ireland separated from the United Kingdom. It was succeeded by the Privy Council of Northern Ireland, which became dormant after the suspension of the Parliament of Northern Ireland in 1972.[121]

Canada has had its own Privy Council—the

Executive Councils.[123][124]

See also

Notes

  1. 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.

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Bibliography

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