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Privy Council of the United Kingdom

2007 Schools Wikipedia Selection. Related subjects: Politics and government

   Her Majesty's Most Honourable Privy Council is a body of advisors to
   the British Sovereign. The Council was formerly a powerful institution,
   but is now largely ceremonial. Most of its power is held by one of its
   committees, the Cabinet. The Council also performs judicial functions,
   which are for the most part delegated to the Judicial Committee.

   The Sovereign, when acting on the Council's advice, is known as the
   King-in-Council or Queen-in-Council. The members of the Council are
   collectively known as The Lords of Her Majesty's Most Honourable Privy
   Council (sometimes The Lords and others of...). The chief officer of
   the body is the Lord President of the Council, who is the fourth
   highest Great Officer of State, a member of the Cabinet, and normally,
   the Leader of either the House of Lords or the House of Commons.
   Another important official is the Clerk, whose signature is appended to
   all orders made in the Council.

   Both "Privy Counsellor" and "Privy Councillor" may be correctly used to
   refer to a member of the Council. The former, however, is preferred by
   the Privy Council Office. A Privy Counsellor is said to be 'sworn of'
   the Council when he/she first joins it.

History

   During the reigns of the Norman monarchs, the Crown was advised by a
   royal court, which consisted of magnates, ecclesiastics and high
   officials. The body originally concerned itself with advising the
   Sovereign on legislation, administration and justice. 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. Nevertheless, the
   Council retained the power to hear legal disputes, either in the first
   instance or on appeal. Furthermore, laws made by the Sovereign on the
   advice of the Council, rather than on the advice of Parliament, were
   accepted as valid.

   Powerful Sovereigns often used the body to circumvent the courts and
   Parliament. For example, a committee of the Council—which later became
   the Court of the Star Chamber—was during the fifteenth century
   permitted to inflict any punishment except death, without being bound
   by any rules regarding evidence or the burden of proof. 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.

   Though the royal Council retained legislative and judicial
   responsibilities, it became a primarily administrative body. The
   Council was a large body—it consisted of forty members in 1553—which
   made it difficult to manage as an advisory body. Therefore, the
   Sovereign relied on a small committee, which later evolved into the
   modern Cabinet. James I and Charles I attempted to rule as absolute
   monarchs, contributing to further deterioration of the power of the
   Council but ultimately of the crown.

   After the English Civil War, Charles I was executed, and the monarchy
   and House of Lords abolished. The remaining house of Parliament, the
   House of Commons, instituted a Council of State to execute laws and to
   direct administrative policy. The forty-one members of the Council were
   elected by the Commons; the body was headed by Oliver Cromwell, the de
   facto military dictator of the nation. In 1653, however, Cromwell
   became Lord Protector, and the Council was reduced to between thirteen
   and twenty-one members, all elected by the Commons. In 1657, the
   Commons granted Cromwell even greater powers, some of which were
   reminiscent of those enjoyed by monarchs. The Council became known as
   the Protector's Privy Council; its members were appointed by the Lord
   Protector, subject to Parliament's approval.

   In 1659, shortly before the restoration of the monarchy, the
   Protector's Council was abolished. Charles II restored the royal Privy
   Council, but he, like previous Stuart monarchs, chose to rely on a
   small committee of advisors. Under George I, who did not speak English,
   even more power passed to the body. Thus, the Privy Council, as a
   whole, ceased to be a body of important confidential advisors to the
   Sovereign; the role passed to a committee of the Privy Council, now
   known as the Cabinet.

Composition

   The Sovereign may appoint all Privy Counsellors, but in practice does
   so on the advice of the Government. There is no limit to the numbers
   sworn in as members. Presently there are several hundred.

   The heir-apparent is always appointed to the Council, as are the Church
   of England's three highest ecclesiastics—the Archbishop of Canterbury,
   the Archbishop of York and the Bishop of London.

   Several senior judges— Lords of Appeal in Ordinary, judges of the Court
   of Appeal of England and Wales, judges of the Court of Appeal in
   Northern Ireland and judges of the Inner House of the Court of Session
   (the highest court in Scotland)—are also named to the Privy Council.

   The bulk of Privy Counsellors, however, are politicians. The Prime
   Minister, ministers in the cabinet, the Leader of the Opposition must
   be sworn to the Privy Council on appointment, as is the Cabinet
   Secretary and the Queen's Private Secretary. Leaders of large parties
   in the House of Commons, some senior ministers outside the cabinet, and
   on occasion senior Parliamentarians are appointed Privy Counsellors.

   Although the Privy Council is primarily a British institution,
   officials from some other Commonwealth realms are also appointed to the
   body. The most notable instance is New Zealand, whose Prime Minister,
   senior politicians, Chief Justice and Court of Appeal judges are
   conventionally made Privy Counsellors. It is common for Prime Ministers
   of those Commonwealth countries who take the Queen as their sovereign
   to be sworn as Privy Counsellors too.

   The following oath (which was until recently kept strictly secret until
   Tony Benn revealed it) is administered to Privy Counsellors before they
   take office:

          You do swear by Almighty God to be a true and faithful Servant
          unto The Queen's Majesty as one of Her Majesty's Privy Council.
          You will not know or understand of any manner of thing to be
          attempted, done or spoken against Her 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 Her Majesty Herself, or to such of Her Privy Council
          as shall advertise Her 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 Her Majesty
          or of the Council, Publication shall be made thereof. You will
          to your uttermost bear Faith and Allegiance to the Queen's
          Majesty; and will assist and defend all Jurisdictions,
          Pre-eminences, and Authorities, granted to Her 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 Her Majesty. So help
          you God.

   Senior ministers who lose office and go into opposition remain Privy
   Counsellors, (although of course no longer summoned to meetings of the
   Cabinet, which is a Committee of the Privy Council). Confidential
   discussions between senior politicians of opposite parties may thus be
   held "on Privy Council terms".

   Membership ceases upon the dissolution of the Privy Council, which
   automatically occurs six months after the death of a monarch.
   (Formerly, until a statute to the contrary was passed during the reign
   of Anne, the death of a monarch brought an end to the Council
   immediately.) By convention, however, the Sovereign reappoints all
   members of the Council after its dissolution; hence, membership is, in
   practice, for life.

   The Sovereign may however remove an individual from the Council, and
   individuals may choose to resign to avoid expulsion. The last
   individual to leave the Privy Council voluntarily was Jonathan Aitken,
   who left in 1997 following allegations of perjury. He was one of only
   three Privy counsellors to resign in the 20th century (the others being
   John Profumo, in 1963, and John Stonehouse, in 1976 ). The last
   individual to be expelled from the Council against his will was Sir
   Edgar Speyer, 1st Baronet, who was removed in 1921 for pro-German
   activities during the First World War.

Meetings

   Victoria held her first Privy Council meeting on the day of her
   accession in 1837.
   Enlarge
   Victoria held her first Privy Council meeting on the day of her
   accession in 1837.

   Meetings of the Privy Council are normally held once each month
   wherever the Sovereign may be residing at the time. The Sovereign
   attends the meeting, though his or her place may be taken by two or
   more Counsellors of State. Under the Regency Act 1937, Counsellors of
   State may be chosen from amongst the Sovereign's spouse and the four
   individuals next in the line of succession who are over 21 years of age
   (18 for the Heir to the Throne).

   Normally the Sovereign is pleased to remain standing at meetings of the
   Privy Council, so that no other members may sit down, which ensures
   that the meetings are kept brief. The Lord President reads out a list
   of Orders to be made, and the Sovereign merely says "Approved." In
   theory, the Sovereign may also say "Declined" but in practice this has
   not happened since the reign of Queen Anne. Only a few privy
   counsellors attend such meetings, and only when invited to do so (at
   the Government's request).

   Full meetings of the Privy Council are only held when the reigning
   Sovereign announces his or her own marriage, or when the monarch dies.
   In the latter case, the Privy Council—together with the Lords
   Spiritual, Lords Temporal, the Lord Mayor of London, the Aldermen of
   the City of London and representatives of Commonwealth nations—makes a
   proclamation declaring the accession of the new Sovereign. That special
   meeting of the Privy Council held to proclaim the accession of the new
   Sovereign and to receive the required statutory oath, is known as an
   Accession Council.

Functions

   The Sovereign exercises executive authority by making Orders-in-Council
   upon the advice of the Privy Council. Orders-in-Council, which are
   drafted by the government rather than by the Sovereign, are used to
   make simple government regulations and to make government appointments.
   Furthermore, Orders-in-Council are used to grant the Royal Assent to
   laws passed by the legislative authorities of British crown
   dependencies.

   Distinct from Orders-in-Council are Orders of Council. Whilst the
   former are made by the Sovereign on the advice of the Privy Council,
   the latter are made by members of the Privy Council without the
   participation of the Sovereign. They are issued under the specific
   authority of Acts of Parliament, and are normally used to regulate
   public institutions.

   The Sovereign, furthermore, issues Royal Charters on the advice of the
   Privy Council. Charters grant special status to incorporated bodies;
   they are used to grant city and borough status to towns.

   The Privy Council therefore deals with a wide variety of matters,
   including coinage, university statutes, graveyards, dates of Bank
   Holidays and the appointment of government ministers. One-off
   announcements such as the merging or splitting of government
   departments can also be dealt with more easily by the Privy Council
   than by the departments themselves.

   The Crown-in-Council also performs certain judicial functions. Within
   the United Kingdom, the Crown-in-Council hears appeals from
   ecclesiastical courts, the Court of Admiralty of the Cinque Ports,
   prize courts and the Disciplinary Committee of the Royal College of
   Veterinary Surgeons, appeals against schemes of the Church
   Commissioners and appeals under certain Acts of Parliament (eg the
   House of Commons Disqualification Act 1975). The Crown-in-Council also
   hears appeals from several Commonwealth Realms, British Overseas
   Territories, Sovereign Base Areas and crown dependencies. The
   aforementioned cases are theoretically decided by the Crown-in-Council,
   but are in practice decided by the Judicial Committee, which consists
   of senior judges who are Privy Counsellors. The Judicial Committee has
   direct jurisdiction in cases relating to the Scotland Act 1998, the
   Government of Wales Act 1998 and the Northern Ireland Act 1998.

   In short, the Privy Council deals with a variety of formal matters of
   State which either have not been delegated from the Crown to any other
   official body, or which Acts of Parliament have placed under direct
   Crown authority for convenience.

Rights and privileges of members

   Though the Privy Council as a whole is " The Most Honourable",
   individual Privy Counsellors are entitled to the style " The Right
   Honourable". Peers who are Privy Counsellors also append the
   post-nominal letters "PC": as peers are already entitled to the style
   "The Right Honourable" (in the case of barons, viscounts and earls) or
   other higher style (in the case of dukes and marquesses), even when
   they are not Privy Counsellors, the letters "PC" are necessary to
   indicate membership of the Council. For commoners, on the other hand,
   "The Right Honourable" is sufficient identification of status as a
   Privy Counsellor.

   Privy Counsellors are entitled to positions in the order of precedence.
   At the beginning of each new Parliament, members of the House of
   Commons who are Privy Counsellors may take the oath of allegiance
   before all other members except the Speaker and the Father of the House
   (the most senior member of the House). Formerly, whenever a Privy
   Counsellor rose to make a speech in the House of Commons at the same
   time as another member, the Speaker would first recognise the Privy
   Counsellor. This informal custom, however, was abolished in 1998.

   Privy Counsellors are allowed to sit on the steps to the Sovereign's
   Throne in the House of Lords Chamber during debates. They share this
   privilege with hereditary Lords who were members of the House of Lords
   before the reform of 1999, diocesan bishops of the Church of England,
   retired bishops who formerly sat in the House of Lords, the Dean of
   Westminster, Peers of Ireland, the eldest child of members of the House
   of Lords, the Clerk of the Crown in Chancery and the Gentleman Usher of
   the Black Rod.

   Each Privy Counsellor has the individual right of personal access to
   the Sovereign. Peers also enjoy the same 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.

Other councils

   The Privy Council is one of the four principal councils of the
   Sovereign. The other three are: the courts of law, the commune
   concilium (common council, or Parliament) and the magnum concilium
   (great council, or the assembly of all the peers of the Realm). All are
   still in existence, but the magnum concilium has not been formally
   summoned since 1640.

   Several other "Privy Councils" have advised the Sovereign. England and
   Scotland once had separate Privy Councils, but the Act of Union 1707,
   which united the two countries into Great Britain, replaced both with a
   single body. Ireland, on the other hand, continued to have a separate
   Privy Council even after the Act of Union 1800. The Irish Privy Council
   was abolished in 1922, when Southern Ireland separated from the United
   Kingdom; it was succeeded by the Privy Council for Northern Ireland,
   which became dormant after the suspension of the Parliament of Northern
   Ireland. Only about 10 members are alive [in 2006].

   Canada has had its own Privy Council—the Queen's Privy Council for
   Canada—since 1867. (Note that whilst the Canadian Privy Council is
   specifically "for Canada", the Privy Council discussed above is not
   "for the United Kingdom".) The equivalent organ of state in the other
   Commonwealth Realms and some Commonwealth Republics is called the
   Executive Council.

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