Explanatory Memorandum
(Circulated by authority of the Assistant Minister to the Prime Minister, the Honourable Patrick Gorman MP)STATEMENT OF COMPATIBILITY WITH HUMAN RIGHTS
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
Crown References Amendment Bill 2023
1. This Bill is compatible with the human rights and freedoms recognised or declared in the international instruments listed in Section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
Overview of the Bill
2. Following the accession of His Majesty King Charles III, the Crown References Amendment Bill 2023 (the Bill) would make minor amendments to various Commonwealth Acts to update references to Her Majesty Queen Elizabeth II.
3. The purpose of such amendments would be to provide flexibility to the application and operation of existing and future legislation, in the event of the accession of a new Sovereign.
4. The Bill proposes to amend various legislative references to "Her Majesty" and "the Queen", and some outdated references "the King", and replace these words with "the Sovereign".
5. Furthermore, the Bill proposes to insert a new defined term, being "Senior Counsel" in the Acts Interpretation Act 1901 to include "King's Counsel" and "Queen's Counsel". The purpose of this amendment is to remove any confusion where Commonwealth Acts and instruments make reference to "Queen's Counsel", "King's Counsel" or "Senior Counsel".
Human rights implications
6. This Bill does not engage any of the applicable rights or freedoms.
7. The amendments in Schedule 1 are machinery and minor in nature and do not affect the rights or obligations of any person.
8. The provisions in the Bill relate only to the Sovereign and their title, and that of their heirs and successors, in Commonwealth legislation. It does not otherwise functionally affect any of the legislation it amends.
9. However, the Bill proposes adopting a gender neutral term for the Sovereign and allows for pronouns used to refer to the Sovereign to reflect those of the Sovereign of the day. These amendments are in keeping with principles which recognise gender equality.
Conclusion
10. This Bill is compatible with human rights as it does not raise any human rights issues.