No change to remaining prerogative powers

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The remaining Royal prerogative powers are unlikely to be abolished or reformed, according to the Ministry of Justice.

In a report issued on Thursday, the ministry said that the continued existence of the powers has "no significant negative effects" and in many cases is "positively useful".

It added that the government "has concluded that it is unnecessary, and would be inappropriate, to propose further major reform at present".

The review concluded that legislation to reform them "could itself give rise to new risks: of unnecessary incursions into civil liberties on the one hand, or of dangerously weakening the state's ability to respond to unforeseen circumstances on the other".

Gordon Brown's 'Governance of Britain' programme initiated reform of some of the prerogative powers which have attracted most attention and criticism in recent years.

The prime minister backed moves to increase parliamentary oversight or control in relation to treaties, war powers, senior appointments and the management of the civil service.

And discussions aimed at allowing MPs to decide whether Parliament should be dissolved and recalled are under way.

The MoJ said these developments "have taken place against a background of continuing incremental reform brought about by legislation such as the Civil Contingencies Act 2004 and the Inquiries Act 2005 and by other processes such as the BBC charter review".

Justice secretary Jack Straw has also said that he will "explore alternative options" for dealing with the exercise of the royal prerogative in relation to applications for free pardons.

The MoJ report also provides the first ever consolidated list of prerogative powers.

"The changes now in train will deal with the most serious concerns about the remaining manifestations of the executive prerogative powers," the report concluded.

"The government has concluded that it is unnecessary, and would be inappropriate, to propose further major reform at present.

"Our constitution has developed organically over many centuries and change should not be proposed for change's sake.

"Without ruling out further changes aimed at increasing parliamentary oversight of the prerogative powers exercised by ministers, the government believes that any further reforms in this area should be considered on a case-by-case basis, in the light of changing circumstances."

Originally the Royal prerogative powers would have been exercised by the monarch.

However, over time a distinction was drawn between the monarch acting in his or her individual capacity and the powers possessed by the monarch as an embodiment of the state.

As governance became more complex, power was devolved from the monarch and exercised by his or her advisers.

In modern times government ministers exercise the bulk of the prerogative powers, either in their own right or through the advice they provide to the Queen which she is constitutionally bound to follow.

The principal executive powers cover the deployment of the armed forces, making treaties, issuing passports, acquiring and ceding territory, conducting diplomacy and organising the civil service.

Powers exercised by the government through ministerial recommendations to the monarch cover the granting of honours or decorations, awarding peerages, granting mercy and appointing ministers.