Prince Harry must not qualify for substitution the queen as a state adviser because he no longer resides in the country, reveals a new briefing in parliament.
But Prince Andrew he could still replace his mother if she became incapacitated, although he had to resign from public office and relinquish his HRH title due to the Epstein scandal.
This week, the Library of the House of Commons quietly published for the first time guidelines on what measures could be introduced if the monarch is unable to perform his royal functions.
An intense public debate ensued over the roles of the Dukes of Sussex and York as “substitutes” for the sovereign, and both have now left as working royalty, especially in light of the 95-year-old queen’s recent ill health.
She tested positive for Covid-19 on Sunday, but was well enough to maintain her weekly phone audience with Boris Johnson last night.
The parliamentary briefing will increase the pressure on Buckingham Palace to take legal steps to resolve the issue once and for all.
Prince Harry (pictured with the queen) should not be eligible to replace the queen as state councilor because he no longer resides in the country, reveals a new briefing document
The newspaper says Andrew is still eligible for state counsel despite the Epstein scandal
There were calls for the appointment of the next two high-ranking royals, Prince Edward and Princess Anne, in their place.
A government source said: “There was a lot of noise about Harry and Andrew and their roles as state advisers, and it was thought that important MPs had all the facts. It has nothing to do with Her Majesty being ill.
The regency laws of 1937 and 1953 are designed to deal with four potential scenarios: a monarch succeeding the throne before the age of 18, a monarch becoming permanently or temporarily incapacitated, and the absence of the monarch from the United Kingdom.
In the event of temporary incapacity for work or absence from the United Kingdom, the Queen may appoint State Councilors to ensure the continuation of “public service”.
Duties include giving royal assent to acts of parliament, approving public appointments and ministers to the crown, and fixing the Great Seal of the Kingdom – a symbol of royal power – to royal proclamations or written patents.
According to 1937 law, all advisers must be members of the royal family.
There were calls for the appointment of the next two dignitaries to the throne – Prince Edward and Princess Anne (both standing behind the Queen) – in place of Harry and Andrew.
They consist of the husband or wife of the monarch and the next four in succession.
Following the death of the Duke of Edinburgh last May, the current advisers are the Prince of Wales, the Duke of Cambridge, the Duke of Sussex and the Duke of York.
Most importantly, however, the newly published guidelines state: “According to the 1937 Act, a public adviser must be domiciled in ‘some part’ of the United Kingdom.”
He added: “The Regency Act of 1943 adds the discretionary provision that if he ‘appears before the sovereign’, that any eligible adviser will be ‘absent from the United Kingdom or intends to be absent for the whole or part of the period of such a delegation ”, Then Letters Patent [a legal tool available to the monarch] “May foresee” the release of that person.
Harry remains sixth in line to the throne, but has not lived in the UK since late 2019.
However, the law does not provide for the exclusion of a family member who is no longer a working king, as long as he remains in the line of succession, so Andrew, who is ninth, can be called to stand.
Both the Queen and the Prince of Wales tested positive for Covid earlier this month. If they were both unable to fulfill their constitutional obligations, they would fall to William and Harry.
State councilors often performed royal functions during the queen’s reign. In 1974, Queen Mother and Princess Margaret declared a state of emergency and dissolved parliament when the Queen was on an official visit to the Pacific with her husband.
Buckingham Palace said last night that there is no “change” in the current councilors. An aide said there were “no plans” to change them.
Sources speculate that the royal family may be concerned about the “beyond the lake” response if changes are made. “They may just not be willing to sting the bear,” they said.
■ The BBC launches a national vote for 10,000 citizens to win free tickets to the Queen’s platinum anniversary celebrations. He is hosting a platinum party at the Palace on June 4.
There are 5,000 pairs of free tickets available today at 7am at www.bbc.co.uk/platinumjubileeconcert.