Buckingham Palace sought assurances from the Welsh government that King Charles III would not be criminally liable under a new agriculture law, according to documents released under the Freedom of Information Act (FoI). The palace contacted Welsh government lawyers last year, asking for confirmation that ministers would "take into account conventions" regarding prosecuting the Crown when drafting regulations for the Agriculture Wales Act.
The Guardian reported that a palace official had "demanded assurances" that the King could not be prosecuted under the new law. However, a royal source denied that any pressure was applied, stating that the palace was simply checking that correct procedure was being followed.
Under a long-standing UK convention, the monarch cannot be prosecuted, as all criminal prosecutions are brought in the name of the Crown. The Welsh government confirmed the exemption in a letter to the palace dated June 6, 2023, stating that "when making regulations... the Welsh ministers will keep in mind the exclusion by convention of the Crown in respect of criminal enforcement and powers of entry."
An email disclosed by the FoI response revealed that government minister Mick Antoniw, acting as counsel general, was "not happy with the exclusion" but "recognizes the ongoing convention and therefore confirms clearance." The Welsh government later stated that "the immunity of the monarch from prosecution is a long-established principle."
Buckingham Palace explained that under pre-existing Welsh law, "it is not possible for Welsh subordinate legislation to make the Sovereign criminally liable, not least as it would be constitutionally inappropriate to prosecute a monarch in whose name the Crown Prosecution Service and courts would act." The palace spokesperson added that "at no point were any objections raised by the Welsh government, either formally or informally, in relation to this process."
The controversy has drawn criticism from some quarters, with Plaid Cymru MP Liz Saville Roberts calling the exemption an "anachronism that had no place in Welsh democracy." She told GB News, "Reports that royal courtiers privately put pressure on the Welsh government to ensure that King Charles could not be prosecuted for rural crimes under a new law are concerning."
The Agriculture Wales Act, passed last year, exempts the King from rules relating to "the marketing agricultural products, the disposal of carcasses and the disclosure of information to the Welsh state," according to The Guardian.
The palace's request for assurances is part of a centuries-old parliamentary mechanism that requires ministers to send draft legislation to the monarch, allowing royal lawyers to check if it could affect the sovereign's personal interests, public duties, or private property.
A Buckingham Palace spokesperson emphasized that "King's Consent is a parliamentary process and His Majesty has granted consent on each occasion it has been requested by Government." They added that the assurance was sought "as a matter of legal correctness" and that it was "wholly incorrect to suggest this was in any way pressuring the Welsh government."
