Documents show royal courtiers privately pressured the Welsh government to ensure King Charles would not be prosecuted for rural crimes under new laws set out by ministers.
The elected minister, who serves as the Welsh government’s chief legal adviser, was “not happy” that the King was granted special immunity from prosecution but agreed last year.
A Buckingham Palace official called the Welsh government to obtain assurances based on an ancient practice that requires the British Parliament to obtain the monarch’s consent before drafting a bill.
Under this mechanism, ministers inform the royal family of specific provisions in draft laws that may affect their personal wealth, private property or public functions. Ministers ask the monarch for approval before a law can be passed.
A Guardian investigation has revealed that the late queen used her prerogative to draft legislation to ensure changes were made that protected her private interests or reflected her views. In the most recent example, her lawyers lobbied Scottish ministers in 2021 to amend a draft law to exempt her private land from a major move to reduce carbon emissions.
The use of consent mechanisms has been criticized as “undemocratic”. It has been in force at Westminster since the 1700s and has been extended to the Scottish and Welsh Parliaments.
During the Queen’s 70-year reign, she reviewed more than 1,000 draft laws before they were approved by elected politicians. These include bills affecting her personal properties, such as her private estates at Balmoral Castle and Sandringham.
This mechanism continued seamlessly into the reign of Charles. Since taking office in September 2022, ministers in Westminster, Scotland and Wales must obtain his consent on 20 laws.
Buckingham Palace declined to say whether the king had requested any changes to the laws before approving them. One of these was a bill introduced by the Welsh government to reform agricultural practices.
On June 1 last year, the Welsh government stated in an internal memo that “Buckingham Palace officials have contacted their lawyers to seek assurances that Welsh ministers will take into account the practice of prosecuting the Crown when making regulations under the Act”.
In an email the next day, Wells officials noted that Mick Antonieff, the Wells government’s general counsel (equivalent to Westminster’s attorney general), “was not happy with the exclusion.” However, he “recognized the ongoing convention and therefore” agreed to it.
This refers to an ill-defined convention under which criminal and civil proceedings cannot be brought against the monarch as head of state. The monarch enjoys personal immunity from a range of British laws, from animal welfare to workers’ rights.
However, a previous investigation by The Guardian highlighted the extent to which the practice gives the monarch immunity from his actions as a private citizen, providing protection for the king’s private assets and properties.
For example, more than 30 laws prohibit police from entering the privately owned Balmoral and Sandringham estates to investigate possible crimes, including wildlife crime and environmental pollution, without the king’s permission. No other private landowner in the country enjoys this legal immunity.
In the case of last year’s Agriculture (Wells) Bill, the monarch was exempted from regulations relating to the marketing of agricultural produce, the disposal of carcasses and the disclosure of information to the Welsh Government. Under this section of the bill, police would also not have automatic access to the King’s private property portfolio.
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According to Buckingham Palace, the palace has called the Welsh government to ensure that “as a matter of legal correctness” the monarch will not be prosecuted under the bill.
A palace spokesman said the convention must be maintained because the draft bill contains a special type of legislation that would not rule out prosecution.
The spokesman added: “The Welsh Government has never raised any objections, either formally or informally.”
A spokesman for the Welsh government said: “The monarch’s immunity from prosecution is a long-established principle.” They declined to comment further.
Charles approved the bill on June 20, 2023, according to documents released under the Freedom of Information Act. The documents did not specify which of his properties would be affected by the action.
Other laws that Charles has screened under the consent regime include legislation relating to UK landowners being able to charge rent to mobile phone companies for erecting masts on their land, and the management of private trusts in Scotland. The Windsors made extensive use of trusts, which help wealthy people protect their assets from public scrutiny or taxes.
Charles approved a Scottish bill freezing rents for private property tenants and a Westminster bill requiring landlords to produce electricity certificates in rented properties. Charles rents out more than 300 homes on his Balmoral and Sandringham estates.
A palace spokesman said: “The king’s consent is a parliamentary process and His Majesty gives it every time the government requests it.”
