The Privy Council

The Privy Council dates back to Norman times and is one of the oldest parts of Government.

These days, however, the Privy Council is simply the mechanism through which agreement is reached on those items of Government business which, for historical or other reasons, fall to Ministers as Privy Counsellors rather than as Departmental Ministers.

Privy Council business falls into two main categories:

• Prerogative business – where there is no legislation allocating the responsibility to a particular Minister, the Privy Council provides a mechanism for Ministerial advice to The King, since constitutionally The King acts only on such advice. This business includes the affairs of Chartered bodies; most other historical prerogative powers have been taken over by Parliament, and the Privy Council is not involved for example in declarations of war or the prerogative of mercy.
• Statutory business – where an Act of Parliament has given order making powers to either the The King in Council (Orders in Council) or the Privy Council (Orders of Council).

The Privy Council also has an important part to play in respect of certain statutory regulatory bodies covering a number of professions including health, and in the world of higher education.

This role involves such matters as the appointment of lay members to these bodies and the approval of rules. The Judicial Committee also has a role in relation to certain appeals against disciplinary procedures. The allocation of responsibility for these matters to the Privy Council rather than to individual departments, builds in wider cross-Government participation.

Information and guidance documents on various aspects of Privy Council business can be found below.

The Privy Council goes back to the earliest days of the Monarchy, when it comprised those appointed by the King or Queen to advise on matters of state.

As the constitution developed into today’s constitutional monarchy, under which The Sovereign acts on the advice of Ministers, so the Privy Council adapted. Its day to day business is transacted by those of His Majesty’s Ministers who are Privy Counsellors.

The Privy Council still meets regularly, on average once a month, but, as with the Cabinet, most of its business is transacted in discussion and correspondence; and the Privy Council Office provides a secretariat for these discussions.

Councils are held by The King and are attended by Ministers and the Clerk of the Council. At each meeting the Council will seek His Majesty’s formal approval to a number of Orders which have already been discussed and approved by Ministers.

Meetings are reported in the Court Circular and the Orders made at each Council are in the public domain; with each Order bearing the date and place of the Council at which it was made. There is therefore nothing at all “secret” about Privy Council meetings.

The myth that the Privy Council is a secretive body springs from the wording of the Privy Council Oath, the wording of which can be read below. The Oath (or Solemn Affirmation for those who do not wish to take an Oath) is still administered, and is still binding; but it is only in very special circumstances nowadays that matters will come to a Privy Counsellor on “Privy Council terms”. These will mostly concern matters of the national interest where it is important for senior members of Opposition parties to have access to Government information.