EXCLUSIVE: The order of succession can be altered by statute if a member of the Royal Family permanently resides outside the UK and no longer undertakes royal duties.
Prince Harry’s position as fifth in line to the throne could be in jeopardy due to his permanent residence outside the UK and absence of royal duties.
According to a source, discussions at the Royal Family’s summit at Balmoral this summer may not only address Prince Harry and Meghan Markle’s titles but could also consider removing them from the line of succession.
“The order of succession can be altered by statute if a member of the Royal Family permanently resides outside the UK and no longer undertakes royal duties,” said the source. “If that were to happen, Harry’s children could also be removed from the line of succession.”
Robert Blackburn, a professor of constitutional law at King’s College London, tells Express.co.uk that although living abroad is not a legal disqualification for becoming monarch, Prince Harry can still be removed from the line of succession by an Act of Parliament.
“Like Edward VIII, Prince Harry does not wish to perform the role of royalty expected of him and has withdrawn to live abroad. Presumably therefore Prince Harry would be agreeable to abdicate his place in succession if for any reason this became an issue in royal affairs being legislated upon,” said Blackburn.
“Several Acts of Parliament have changed the law on succession or imposed conditions for becoming Monarch, notably the Bill of Rights 1689 and Act of Settlement 1701. More recently Edward VIII voluntarily abdicated and was replaced as King by his brother George VI by Act of Parliament in 1936.”
Blackburn adds that for a constitutional measure like this, it is customary for the British Government to take the initiative and introduce the Bill – not the monarch.
“Backbench MPs or Peers can technically introduce a Private Members’ Bill on the subject, but it would get nowhere and be blocked by the government from proceeding further than a formal First Reading,” said Blackburn.
“The only possible scenario, as I see it, is for there to be a Government Bill being prepared on another royal issue, such as an amendment to the Regency Act dealing with eligible counsellors of state, and a clause being added at the same time which Prince Harry himself requests that removes him from the line of succession as a mark of him clearly wishing to relinquish all ties to the public work of the Monarchy and Royal Family.”
Prince Harry and Meghan Markle announced their decision to step down as senior working royals in January 2020, stating that they planned to “work to become financially independent”.
However, shortly after taking up residency in the United States, the couple embarked on what was described as a “royal bashing session” where they appeared in a chat with Oprah Winfrey, filmed a documentary for Netflix and Harry slated his family in his memoir, Spare.
The couple reportedly further angered the Royal Family when they undertook a tour of Colombia recently which saw them visit the South American country to shine a light on cyberbullying and female empowerment.
Exclusively revealed last week that Prince Harry and Meghan Markle‘s titles will be up for discussion at Balmoral when the Royal Family meet for their annual summer holiday.
According to a source, one point of discussion at what has been dubbed a “royal family summit” will be the Duke and Duchess of Sussex and how they will fit in with the Royal Family over the next decade.
“Not only will Harry and Meghan’s tours and upcoming trip to Canada be on the agenda, but also their titles and peerages will be up for discussion,” said the source.