Ministers are drawing up legislation to remove Andrew Mountbatten-Windsor from the line of royal succession, a move that would formally close off any possibility of the former royal ascending to the throne regardless of how the current police investigation concludes.
Defence Minister Luke Pollard confirmed the government had been working with Buckingham Palace on the plans, telling BBC Radio 4’s Any Questions that it was “the right thing to do” and that he hoped it would attract cross-party support. He added that the government intended to wait until the police investigation had concluded before bringing forward the legislation.
Andrew currently sits eighth in line to the throne despite being stripped of his princely title last October. He was arrested on Thursday on suspicion of misconduct in a public office before being released under investigation 11 hours later. He has consistently denied any wrongdoing.
Police activity at Royal Lodge, the 30-room Windsor property where Andrew has lived for many years, continued on Friday. At one point more than 20 unmarked vehicles were seen at the property, and Thames Valley Police are understood to be continuing their search of the premises until Monday.
Passing such legislation would be a significant constitutional undertaking. It would require an act of Parliament approved by both MPs and peers before receiving royal assent from King Charles, and would also need the backing of the 14 Commonwealth realms where Charles is head of state, including Canada, Australia, New Zealand and Jamaica. Removing Andrew from the succession would also strip him of his role as a Counsellor of State, a position that allows senior royals to stand in for the monarch when ill or abroad.
The last time Parliament altered the line of succession was in 2013 under the Succession to the Crown Act. The last time an individual was removed entirely was in 1936 following Edward VIII’s abdication.
Liberal Democrat leader Sir Ed Davey and SNP Westminster leader Stephen Flynn both indicated their parties would support such a move when the time was right. Several Labour MPs also backed the proposal, though some within the party told the BBC they were less convinced it was necessary given how remote the prospect of Andrew ever reaching the throne already is.
Downing Street had said as recently as October that it had no plans to introduce such legislation. The shift in position reflects the mounting pressure on the government following Andrew’s arrest and the ongoing fallout from the release of the Epstein files by the US Department of Justice.
Conservative leader Kemi Badenoch said those in public life should “give space” to the police investigation before drawing wider conclusions.
