The government is considering new legislation that would remove Andrew Mountbatten-Windsor from the line of royal succession, a move that would permanently bar him from becoming the monarch.
Defence Minister Luke Pollard said the proposal was the “right thing to do,” regardless of the outcome of the ongoing police investigation.
Andrew, the King’s brother, is currently eighth in line to the throne, despite having been stripped of his royal titles, including “prince,” last October following sustained pressure over his links to paedophile financier Jeffrey Epstein.
On Thursday evening, Andrew was released under investigation 11 hours after being arrested on suspicion of misconduct in public office. He has consistently and strenuously denied any wrongdoing.
Speaking on BBC Radio 4’s Any Questions programme, Pollard confirmed the government had “absolutely” been working with Buckingham Palace on plans to prevent the former prince from “potentially being a heartbeat away from the throne”.
He added that this was “something that I hope will enjoy cross-party support, but it’s right that that is something that only happens when the police investigation concludes”.
On Friday, unmarked police cars and vans were seen arriving and departing from Royal Lodge, the 30-room Windsor property where Andrew lived for many years.
At one point, more than 20 vehicles were visible at the site, although it is unclear whether all were linked to the investigation. Thames Valley Police, which carried out the arrest, is expected to continue searches at the property until Monday.
The proposed legislation follows signals of support from several MPs, including those from the Liberal Democrats and the SNP.
Some Labour parliamentarians critical of the monarchy said they were less convinced the change was necessary, noting how unlikely it was that the former Duke of York would ever ascend the throne.
In October, Downing Street said it had no plans to alter the line of succession. However, following recent developments, historian David Olusoga said there was now “a desperate desire within government and within the palace to draw a firewall… between this crisis and the wider monarchy”.
Buckingham Palace has not publicly commented on the government’s plans.
Any change would require an act of Parliament, approval by both MPs and peers, and royal assent from the King. It would also need the consent of the 14 Commonwealth countries where Charles III is head of state, including Canada, Australia, Jamaica and New Zealand.
The line of succession was last amended by Parliament in 2013, when the Succession to the Crown Act reinstated individuals previously excluded for marrying a Catholic. The most recent removal by act of Parliament occurred in 1936, when Edward VIII and his descendants were excluded following his abdication.
Liberal Democrat leader Sir Ed Davey said police should be “allowed to get on with their job, acting without fear or favour”. He added: “But clearly this is an issue that Parliament is going to have to consider when the time is right, naturally the monarchy will want to make sure he can never become King.”
The SNP would back such legislation if required, according to the party’s Westminster leader Stephen Flynn. Labour MP Rachael Maskell, who represents York Central, has also expressed support.
“I would support legislation to remove Andrew from the line of succession and to remove from the counsellor of state,” she said.
Counsellors of state can act on behalf of a monarch who is ill or abroad, although in practice only working royals are expected to carry out such duties. According to the House of Commons Library, removing Mountbatten-Windsor from the line of succession would also strip him of that role.
Andrew stepped back from public duties in 2019 after a backlash over a BBC Newsnight interview concerning his relationship with Epstein. Conservative Party leader Kemi Badenoch said “all of us in public life need to give space” for the police investigation to proceed.
