The dysfunctional Privy

In a report to be launched today by the campaign group Justice, Patrick O’Connor QC calls for the abolition of the Privy Council — or failing that, fundamental reform of this ancient body of advisers to the Sovereign.

Mr O’Connor is particularly critical of the government’s powers, exercised through the Privy Council, to issue orders in council under the Royal Prerogative. These orders, he says, were used to abolish the right of trade union membership at GCHQ, to exile Chagos islanders from their home on Diego Garcia and, more recently, to prevent those same islanders from returning.

Although prerogative orders in council have the effect of primary legislation, they are not subject to parliamentary scrutiny and do not require a minister’s certificate of compatibility with the European Convention on Human Rights.

Mr O’Connor describes the Privy Council as a dysfunctional body. “There is no rationale which can justify the eclectic range of its work. It currently ranges from being in part ‘synonymous with government’ to an independent court: from a forum for the monarch’s real remaining personal prerogative powers to a theatre for benign historic ceremonial.

“This has all arisen by historical accident, and has never been analysed rationally,” he says. “Do the charters of universities and professional associations have to be administered by the same body as produces the laws of Guernsey and proclaims bank holidays and our coinage? Does Parliament have to be dissolved by the same body as approves royal marriages, closes burial grounds and approves pensions for the marine personnel in Hong Kong?

“Does the same office have to support the government chief whips in both Houses of Parliament and deal with the affairs of the Institute of Plumbing and Heating Engineering and the Royal Caledonian Horticultural Society?”

The Privy Council can be traced back to the 13th century. All members of the Court of Appeal become privy counsellors and the honour is retained for life. In practice, however, it is members of the Cabinet of the day who attend its working meetings.

Posted at January 26, 2009 12:01 AM