Scottish government memo details secret changes sought by the Queen

The Guardian has obtained a Scottish government memo that reveals that “it is almost certain” draft legislation has been altered to secure the approval of the monarch under a procedure called Queen’s Consent.

The memo also confirms that her lawyers may discuss the details of bills with the Scottish government and admits “it is almost certain some bills were changed before introduction to address concerns about Crown Consent”, which means that even MSPs would not be aware that legislation had been amended for this purpose.

The admission comes in the wake of reports in the newspaper revealing how the Queen has used her privileged access to influence ministers to amend UK legislation for the benefit of her private interests or in ways that reflect he opinions between the late 1960s and 2021.

Critics of Queen’s Consent say it allows the monarch to secure legal changes to safeguard her assets without the public finding out.

The official memo states: “It is also almost certain that some bills were changed before introduction in order to address concerns about Crown Consent, however these will not have been ‘amended’ in parliamentary terms and so would not be included in such a list.”

The memo notes that government lawyers contacted the Queen’s Scottish solicitor when they believed her consent would be needed “to discuss the implications of the relevant provision”. “There may also be policy discussions with representatives of the Queen,” the memo states.

Alex Cole-Hamilton, leader of the Scottish Lib Dems, said: “These documents suggest that there has been meddling in the process even before government legislation was first shown to Parliament,” he said.

“It appears as if, with the willing compliance of Scottish ministers, the crown has maintained a back channel to sneak amendments into legislation in such a way as to leave no way for the public or their parliamentary representatives to ever know that changes had been requested or made.

“This is an astonishing overturning of the widely held principle that the monarch does not legislate for her own benefit.”

The Scottish government said it was legally obliged to apply Crown Consent under the Scotland Act and that MSPs were free to ask about the process when it was used.

“While the Scottish government welcomes transparency in relation to this process, it is important that the government protects the necessary private space ministers and officials require to explore issues and develop policy,” it said.

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