Privy Council (United Kingdom)

The Privy Council of the United Kingdom, created on 1 January 1801, was preceded by the Privy Council of Scotland, the Privy Council of England, and the Privy Council of Great Britain (1708–1800). Its continued existence has been described as "more or less a constitutional and historical accident". The key events in the formation of the modern Privy Council are given below: In Anglo-Saxon England, the Witenagemot was an early equivalent to the Privy Council of England. During the reigns of the Norman monarchs, the English Crown was advised by a royal court or , 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. 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. By 1540 the nineteen-member council had become a new national institution, most probably the creation of Thomas Cromwell, without there being exact definitions of its powers. Though the royal Council retained legislative and judicial responsibilities, it became a primarily administrative body. In 1553 the Council consisted of forty members, whereas Henry VII swore over a hundred servants to his council. Sovereigns relied on a smaller working committee which evolved into the modern Cabinet. By the end of the English Civil War, the monarchy, House of Lords, and Privy Council had been abolished. The remaining parliamentary chamber, 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 House of Commons; the body was headed by Oliver Cromwell, 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. The formation of the Kingdom of Great Britain in 1707 combined the Privy Councils of England and Scotland, the latter body coming to an end in 1708. Under King George I, even more power transferred to a small committee of the Council, which began to meet in the absence of the sovereign, communicating its decisions to him after the fact. Thus, the Privy Council, as a whole, ceased to be a body of important confidential advisers to the Sovereign; the role passed to a committee of the Council, now known as the Cabinet. With the creation of the United Kingdom on 1 January 1801, a single Privy Council was created for Great Britain and Ireland, although the Privy Council of Ireland continued to function until 1922, when it became defunct upon the creation of the Irish Free State as an independent Dominion outside the United Kingdom, but within the British Empire. The Privy Council of Northern Ireland was created in 1922, but became defunct in 1972, when the Parliament of Northern Ireland was closed down. ==Functions==

The sovereign may make 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 forms of either primary or secondary legislation, depending on the power they are made under. Orders made under prerogative powers, such as the power to grant royal assent to legislation, are a form of primary legislation, while orders made under statutory powers are a form of secondary legislation. Orders of Council, distinct from Orders in Council, are issued by members of the Privy Council without requiring the approval of the sovereign. Like Orders in Council, they can be made under statutory powers or royal prerogative. The Privy Council therefore deals with a wide range of matters, which also includes university and livery company statutes, churchyards, coinage and the dates of bank holidays. but following the Higher Education and Research Act 2017 these powers have been transferred to the Office for Students for educational institutions in England. Notable orders Before the Constitutional Reform and Governance Act 2010 the UK Civil Service was governed and managed using powers within the royal prerogative. These powers were usually delegated to ministers by Orders in Council. Using these powers, Margaret Thatcher controversially determined to ban GCHQ staff from joining trade unions. In another case dealing with civil service, the Civil Service (Amendment) Order in Council 1997 permitted the Prime Minister to grant up to three political or 'special advisers' management authority over some civil servants. In the 1960s, the Privy Council made an order to evict an estimated 1,200 to 2,000 inhabitants of the 55-island Chagos Archipelago in the Indian Ocean, in preparation for the establishment of a joint United States–United Kingdom military base on the largest island in the archipelago, Diego Garcia. In 2000, the High Court of Justice ruled that the inhabitants had a right to return to the archipelago. In 2004, the Privy Council, during the tenure of Jack Straw as Lord Chancellor (and thus head of the Privy Council) overturned the ruling. In 2006, the High Court of Justice found the Privy Council's decision to be unlawful. Justice Kentridge stated that there was no known precedent "for the lawful use of prerogative powers to remove or exclude an entire population of British subjects from their homes and place of birth", and the Court of Appeal were persuaded by this argument upholding his decision when it came up to them. However, in 2007 the Law Lords of the Appellate Committee of the House of Lords, itself part of the Privy Council as the Judiciary Committee, found the first instance decision to be flawed and overturned the appeal court by 3–2, thereby upholding the validity of the Order in Council. On 22 May 2025, the Prime Minister of the United Kingdom, Keir Starmer, signed a formal agreement on the transfer of sovereignty of the Chagos Islands to Mauritius. ==Committees==

The Privy Council have the following committees: Baronetage Committee The Baronetage Committee was established by a 1910 Order in Council, during Edward VII's reign, to scrutinise all succession claims (and thus reject doubtful ones) to be placed on the Roll of Baronets. Judicial Committee The Judicial Committee serves as the final court of appeal for the Crown Dependencies, the British Overseas Territories, some Commonwealth countries, military sovereign base areas and a few institutions in the United Kingdom. This committee usually consists of members of the Supreme Court of the United Kingdom and senior judges of the Commonwealth of Nations who are Privy Counsellors. Within the United Kingdom, the Judicial Committee also hears very occasional appeals from a number of ancient and ecclesiastical courts. These include the Court of Admiralty of the Cinque Ports, Prize Courts, the High Court of Chivalry, the Disciplinary Committee of the Royal College of Veterinary Surgeons, appeals against schemes of the Church Commissioners, and appeals under certain Acts of Parliament (e.g., the House of Commons Disqualification Act 1975). The Judicial Committee had direct jurisdiction in cases relating to the Scotland Act 1998, the Government of Wales Act 1998 and the Northern Ireland Act 1998, but this was transferred to the new Supreme Court of the United Kingdom in 2009. The Crown-in-Council was formerly the supreme appellate (final) court for the entire British Empire, but many Commonwealth countries have in the last half century abolished the right to such appeals. The Judicial Committee nevertheless continues to hear appeals from several Commonwealth countries, as well as from British Overseas Territories, Sovereign Base Areas and Crown Dependencies such as the Pitcairn Islands. Other committees In addition to the standing committees, ad hoc committees are notionally set up to consider and report on petitions for royal charters of Incorporation and to approve changes to the bye-laws of bodies created by royal charter. Committees of privy counsellors are occasionally established to examine specific issues. Such committees are independent of the Privy Council Office and therefore do not report directly to the lord president of the council. Examples of such committees include: • the Butler Committee – operation of the intelligence services in the runup to military intervention in Iraq; • the Chilcot Committee – for the Chilcot Inquiry on the use of intercept materials; and • the Gibson Committee of enquiry set up in 2010 – to consider whether the UK security services were complicit in torture of detainees. Former committees Historical, but now defunct committees include: • Lord President's Committee • Court of Star Chamber == Membership ==

Composition by Thomas Rowlandson titled Privy Council of a King (1815); enthroned is George IV, then Prince Regent. The Sovereign, when acting on the Council's advice, is known as the King-in-Council or Queen-in-Council, depending on the sex of the reigning monarch. The members of the Council are collectively known as ''The Lords of His 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 Cabinet member and normally, either the Leader of the House of Lords or of 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 correctly be used to refer to a member of the Council. The former, however, is preferred by the Privy Council Office, emphasising English usage of the term Counsellor as "one who gives counsel", as opposed to "one who is a member of a council". A Privy Counsellor is traditionally said to be "sworn of" the Council after being received by the sovereign. The sovereign may appoint any person as a Privy Counsellor, but in practice, appointments are made only on the advice of His Majesty's Government. The majority of appointees are senior politicians, including ministers of the Crown, the leader of the main opposition party, the leader of the third-largest party in the House of Commons, the heads of the devolved governments, and senior politicians from Commonwealth countries. Besides these, the Council includes a small number of members of the Royal Family, some senior British and Commonwealth judges, some senior clergy, and a small number of senior civil servants. There is no statutory limit to the membership of the Privy Council. Members have no automatic right to attend all Privy Council meetings, and only some are summoned regularly to meetings (in practice at the Prime Minister's discretion). The Church of England's three senior bishops – the Archbishop of Canterbury, the Archbishop of York – become privy counsellors upon appointment. Senior members of the Royal Family may also be appointed, but this is confined to the Monarch's consort, heir apparent, and heir apparent's spouse. as are the Lord Chamberlain, the Speaker of the House of Commons, and the Lord Speaker. Justices of the Supreme Court of the United Kingdom, judges of the Court of Appeal of England and Wales, senior judges of the Inner House of the Court of Session (Scotland's highest law court) and the Lord Chief Justice of Northern Ireland also join the Privy Council ex officio. The balance of Privy Counsellors is largely made up of politicians. The Prime Minister, Cabinet ministers and the Leader of HM Opposition are traditionally sworn into the Privy Council upon appointment. some senior ministers outside Cabinet, and on occasion other respected senior parliamentarians are appointed privy counsellors. Because Privy Counsellors are bound by oath to keep matters discussed at Council meetings secret, the appointment of the leaders of opposition parties as privy counsellors allows the Government to share confidential information with them "on Privy Council terms". Members from other Commonwealth realms Although the Privy Council is primarily a British institution, officials from some other Commonwealth realms are also appointed. However, appointments of New Zealand members have since been discontinued. The prime minister, the speaker, the governor-general and the chief justice are still accorded the style Right Honourable, but without membership of the Council. Until the late 20th century, the prime ministers and chief justices of Canada and Australia were also appointed privy counsellors. Canada also has its own Privy Council, the King's Privy Council for Canada (see below). Prime ministers of some other Commonwealth countries that retain the King as their sovereign continue to be sworn of the Council. The quorum, according to the Privy Council Office, is three, though some statutes provide for other quorums (for example, section 35 of the Opticians Act 1989 provides for a lower quorum of two). The Sovereign attends the meeting, though their place may be taken by two or more Counsellors of State. Under the Regency Acts 1937 to 1953 and the Counsellors of State Act 2022, Counsellors of State may be chosen from among the sovereign's spouse, the four individuals next in the line of succession who are over 21 years of age (18 for the first in line), Prince Edward and Princess Anne. Few Privy Counsellors are required to attend regularly. The settled practice is that day-to-day meetings of the Council are attended by four Privy Counsellors, usually the relevant minister to the matter(s) pertaining. Under Britain's modern conventions of parliamentary government and constitutional monarchy, every Order-in-Council is drafted by a government department and has already been approved by the minister responsible – thus actions taken by the King-in-Council are formalities required for validation of each measure. in the reign of Queen Victoria); or when there is a Demise of the Crown, either by the death or abdication of the Monarch. The statutes regulating the establishment of a regency in the case of minority or incapacity of the sovereign also require any regents to swear their oaths before the Privy Council. In the case of a Demise of the Crown, the Privy Council – together with the Lords Spiritual, the Lords Temporal, the Lord Mayor of the City of London and Court of Aldermen of the City of London as well as representatives of Commonwealth realms – makes a proclamation declaring the accession of the new Sovereign and receives an oath from the new Monarch relating to the security of the Church of Scotland, as required by law. It is also customary for the new Sovereign to make an allocution to the Privy Council on that occasion, and this Sovereign's Speech is formally published in The London Gazette. Any such Special Assembly of the Privy Council, convened to proclaim the accession of a new Sovereign and witness the Monarch's statutory oath, is known as an Accession Council. The last such meeting was held on 10 September 2022 following the death of Elizabeth II and the accession of Charles III. Term of office Membership is conferred for life. Formerly, the death of a monarch ("demise of the Crown") brought an immediate dissolution of the council, as all Crown appointments automatically lapsed. By the 18th century, it was enacted that the council would not be dissolved until up to six months after the demise of the Crown. By convention, however, the sovereign would reappoint all members of the council after its dissolution. In practice, therefore, membership continued without a break. The sovereign, however, may remove an individual from the Privy Council. Former MP Elliot Morley was expelled on 8 June 2011, following his conviction on charges of false accounting in connection with the British parliamentary expenses scandal. Before this, the last individual to be expelled from the Council was Sir Edgar Speyer, Bt., who was removed on 13 December 1921 for collaborating with the enemy German Empire, during the First World War. Following the significant revelations regarding a long-standing association with the American financier and sex offender Jeffrey Epstein and the subsequent announcement of a police investigation by the Metropolitan Police into their communications, The Lord Mandelson was expelled from the Privy council on 10 March 2026. Individuals can choose to resign, sometimes to avoid expulsion. Three members voluntarily left the Privy Council in the 20th century: John Profumo, John Stonehouse, and Jonathan Aitken, who resigned in 1997 following allegations of perjury. So far, four Privy Counsellors have resigned in the 21st century, three in the same year. On 4 February 2013, Chris Huhne announced that he would voluntarily leave the Privy Council after pleading guilty to perverting the course of justice. Lord Prescott stood down on 6 July 2013, in protest against delays in the introduction of press regulation, expecting others to follow. Denis MacShane resigned on 9 October 2013, before an Old Bailey hearing at which he pleaded guilty of false accounting and was subsequently imprisoned. In April 2022, former Prime Minister of Jamaica P. J. Patterson resigned to make the case for Jamaica to become a republic. Rights and privileges The Privy Council as a whole is termed "The Most Honourable" whilst its members individually, the Privy Counsellors, are entitled to be styled "The Right Honourable". Nonetheless, some nobles automatically have higher styles: non-royal Dukes are styled "His Grace" and "The Most Noble", and Marquesses as "The Most Honourable". Modern custom as recommended by ''Debrett's'' is to use the post-nominal letters "PC" in a social style of address for peers who are Privy Counsellors. For commoners, "The Right Honourable" is sufficient identification of their status as a Privy Counsellor and they do not use the post-nominal letters "PC". The Ministry of Justice revises the practice of this convention from time to time. Each Privy Counsellor has the right of personal access to the sovereign. Peers were considered to enjoy this 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. Only Privy Counsellors can signify Royal Consent to the examination of a Bill affecting the rights of the Crown. Privy Counsellors have the right to sit on the steps of the Sovereign's Throne in the Chamber of the House of Lords during debates, a privilege which was shared with heirs apparent of those hereditary peers who were to become members of the House of Lords before Labour's partial Reform of the Lords in 1999, diocesan bishops of the Church of England yet to be Lords Spiritual, retired bishops who formerly sat in the House of Lords, the Dean of Westminster, Peers of Ireland, the Clerk of the Crown in Chancery, and the Gentleman Usher of the Black Rod. While Privy Counsellors have the right to sit on the steps of the Sovereign's Throne they do so only as observers and are not allowed to participate in any of the workings of the House of Lords. Nowadays this privilege is rarely exercised. A notable recent instance of the exercising of this privilege was used by the Prime Minister, Theresa May, and David Lidington, who watched the opening of the debate of the European Union (Notification of Withdrawal) Bill 2017 in the House of Lords. Privy Counsellors are accorded a formal rank of precedence, if not already having a higher one. At the beginning of each new Parliament, and at the discretion of the Speaker, those members of the House of Commons who are Privy Counsellors usually take the oath of allegiance before all other members except the Speaker and the Father of the House (who is the member of the House who has the longest continuous service). Should a Privy Counsellor rise to speak in the House of Commons at the same time as another Honourable Member, the Speaker usually gives priority to the "Right Honourable" Member. This parliamentary custom, however, was discouraged under New Labour after 1998, despite the government not being supposed to exert influence over the Speaker. Oath and initiation rite . Illustration by George Cruikshank from William Harrison Ainsworth's novel Guy Fawkes. The oath of the king's council (later the Privy Council) was first formulated in the early thirteenth century. This oath went through a series of revisions, but the modern form of the oath was essentially settled in 1571. It was regarded by some members of the Privy Council as criminal, and possibly treasonous, to disclose the oath administered to privy counsellors as they take office. However, the oath was officially made public by the Blair Government in a written parliamentary answer in 1998, as follows. It had also previously been read out in full in the House of Lords during debate by Lord Rankeillour on 21 December 1932, and has been openly printed in full in widely published books during the 19th and 20th centuries. Privy counsellors can choose to affirm their allegiance in similar terms, should they prefer not to take a religious oath. At the induction ceremony, the order of precedence places Anglicans (being those of the established church) before others. The initiation ceremony for newly appointed privy counsellors is held in private, and typically requires kneeling on a stool before the Sovereign and then kissing hands. According to The Royal Encyclopaedia: "The new Privy Counsellor or Minister will extend his or her right hand, palm upwards, and, taking the Queen's hand lightly, will kiss it with no more than a touch of the lips." ==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, i.e. Parliament) and the Magnum Concilium (Great Council, i.e. the assembly of all the peers of the realm). All are still in existence, or at least have never been formally abolished, but the Magnum Concilium has not been summoned since 1640 and was considered defunct even then. Several other privy councils have advised the sovereign. England and Scotland once had separate privy councils (the Privy Council of England and Privy Council of Scotland). The Acts of Union 1707 united the two countries into the Kingdom of Great Britain and in 1708 the Parliament of Great Britain abolished the Privy Council of Scotland and the Privy Council of England. Thereafter there was one Privy Council of Great Britain sitting in London. Ireland, on the other hand, continued to have a separate Privy Council even after the Act of Union 1800. The last appointments to the Privy Council of Ireland were made in 1922, when the greater part of Ireland separated from the United Kingdom as an independent Dominion. It was succeeded by the Privy Council of Northern Ireland, which became dormant after the suspension of the Parliament of Northern Ireland in 1972. Canada has had its own Privy Council — the King's Privy Council for Canada — since 1867. While the Canadian Privy Council is specifically "for Canada", the Privy Council discussed above is not "for the United Kingdom"; to clarify the ambiguity where necessary, the latter was historically referred to as the Imperial Privy Council. Equivalent organs of state in other Commonwealth realms, such as Australia and New Zealand, are called Executive Councils. ==See also==