In the Commonwealth realms, Queen's Consent is required before the legislature can debate a bill affecting the prerogatives or the interests of the relevant crown. In the United Kingdom, this extends to matters affecting the Duchy of Lancaster and the Duchy of Cornwall; for the latter, Prince's Consent must also be obtained. The Scottish Parliament adheres to the same requirement of consent.
Bills affected
Bills affecting the royal prerogative and the personal property and "personal interests" of the monarch require Queen's Consent. In Canada, no act of parliament binds the monarch or his or her rights unless the act states that it does so. Queen's Consent is typically granted by the governor general on behalf of the sovereign and specially communicated to parliament. Typically, though, it is expressed by a minister of the Canadian Crown. In the United Kingdom, as well as bills that affect the prerogative, bills affecting the hereditary revenues of the Duchy of Lancaster or the Duchy of Cornwall require Queen's Consent. Bills affecting the latter also require Prince's Consent from the Prince of Wales in his capacity as Duke of Cornwall. In certain circumstances, such as for the House of Lords Act 1999, the consent of the Prince of Wales, in his capacity as Earl of Chester or Prince and Great Steward of Scotland, must also be obtained where a bill affects his interests. In 1993, both Queen's Consent and Prince's Consent were required in respect of the Priests Measure 1993 that enabled the ordination of women in the Church of England. The Office of the Parliamentary Counsel has produced guidance on the need for Queen's or Prince's Consent and the procedures associated with them.
Effect on parliamentary proceedings
Consent is usually signified in the one or both houses of parliament, at either the second or third reading, by a privy counsellor and is recorded in Hansard. Where proposed legislation is sponsored by the cabinet, it is the usual practice for the relevant ministers to inform the monarch well before the bill is introduced to parliament. In the Scottish parliament, consent is signified by a member of the Scottish government. In the Canadian parliament, Royal Consent can be signified in only one legislative chamber. If consent is required but not signified, a bill may make no further progress through parliament. If a bill is mistakenly allowed to progress even though the required consent was not signified and the error is discovered before royal assent has been given, the proceedings may later be declared void. Where a bill requires the consent of the Prince and Steward of Scotland or the Duke of Rothesay, the Scottish parliament cannot debate any question whether the bill be passed or approved unless such consent to those provisions has been signified by a member of the Scottish executive. Once a bill has passed parliament and received Royal Assent, it is regarded as legally valid by the courts, regardless of any deficiency in parliamentary procedure, in accordance with the usual principles of parliamentary privilege.
Consent granted or withheld on advice of the cabinet
If Queen's Consent is withheld, it is, according to the tenets of constitutional monarchy and responsible government, done on the advice of ministers of the Crown. A spokesman for the Queen stated in 2013 that: "It is a long established convention that the Queen is asked by parliament to provide consent to those bills which parliament has decided would affect crown interests. The sovereign has not refused to consent to any bill affecting crown interests unless advised to do so by ministers." Similarly, the Prince of Wales grants and withholds the Prince's Consent on the advice of the sovereign's British ministers, as the Duchy of Cornwall is within British jurisdiction. No bill affecting the Duchy of Cornwall has been refused consent by either the sovereign or the Duke of Cornwall. Each granting of consent by the Prince of Wales is a "matter of public record". In 1999, Queen Elizabeth II, acting on the advice of her British Cabinet, refused to signify her consent to the Parliament of the United Kingdom debating the Military Action Against Iraq Bill, which sought to transfer from the sovereign to parliament the power to authorize military strikes against Iraq. This prevented the bill from being debated. In 1988, the Palace of Westminster Bill could not be debated in the British parliament because Queen's Consent was withheld, as with the Reform of the House of Lords Bill in 1990.
Relationship to royal assent
Queen's Consent and Prince's Consent are distinct from royal assent. Royal assent is granted after a bill has passed through parliament, whereas Queen's Consent and Prince's Consent, where required, are granted before parliament has debated or voted to pass a bill. Royal assent is also required for all legislation, whereas Queen's Consent and Prince's Consent are only required for legislation affecting specific topics. In practice, royal assent is less frequently denied than is Queen's Consent or Prince's Consent. Royal assent forms part of the constitution and lies under the royal prerogative, while Queen's Consent and Prince's Consent are internal parliamentary rules of procedure that could, in principle, be dispensed with by parliament. As wrote:
