King Charles's would play 'constitutional role' if Andrew Mountbatten-Windsor removed from line of succession

In the exclusive interview, Mr Fitzwilliams said the King’s position is defined by constitutional convention, with changes to succession ultimately driven by Parliament and Government advice.

He said: “If that is the wish of Parliament, the King will be so advised, because that’s his constitutional role.”

Mr Fitzwilliams also pointed to the last major reform of succession law as a guide to the complexity involved.

The Succession to the Crown Act received Royal Assent in 2013 and was introduced to end male preference primogeniture for those born after October 2011, but the changes were not commenced until March 2015, after coordination across the Commonwealth realms.

He said: “They did this 13 years ago in 2013, and that was for gender equality. It took some months because it had to go around all the Commonwealth realms.”

Any fresh change to the succession would similarly require engagement beyond Westminster. Ministers are considering new legislation, noting the need for consultation and agreement with other Commonwealth realms.

On February 23, it was announced that Australia's Prime Minister Anthony Albanese wrote to Sir Keir Starmer to tell him he would back any UK Government plan to remove Mr Mountbatten-Windsor from the line of succession to the throne.

Mr Fitzwilliams argued that while altering the line of succession would be significant, the monarchy has historically placed weight on symbolic steps in moments of crisis.

He said: “It’s actually, technically something they wouldn’t do unless they felt they had to. But all the titles are symbolically important.”

Andrew was stripped of his honorary military roles and royal patronages in January 2022, and Buckingham Palace said he would no longer use the HRH style in an official capacity.

More recently, the King initiated a formal process in October 2025 to remove Andrew’s style, titles and honours, which included his remaining titles and honours, including the Order of the Garter.

Referring to those steps, Mr Fitzwilliams said: “That’s why, of course, he was stripped of the prince title, the dukedoms, the garter was removed, and why the Queen, of course, took away his honorary military links. Symbolism is very important.”

He added that any parliamentary move would need to be handled carefully.

Under the system in England and Wales, police investigations are referred to the Crown Prosecution Service when investigators are ready to submit a case file for a charging decision.

Mr Fitzwilliams added: “I think they’ll do it, but it must, of course, be done in such a way as not to prejudice any court case. They will not do it while the police are still investigating.

“When the police cease investigating, they will hand to the Prosecution Service; that might lead to a trial. If that’s the case, I don’t know at what stage this would actually be done in a way so as not to prejudice any case.”

Ministers have signalled they do not want to take further steps while an investigation remains live.

The Government has not ruled out legislation but says police must be allowed to complete their work first.

Mr Mountbatten-Windsor was arrested by Thames Valley Police on his 66th birthday on suspicion of misconduct in public office.

The inquiry relates to allegations that, while serving as the UK’s special representative for international trade and investment, he shared confidential Government material with Jeffrey Epstein.

He was questioned under caution and later released pending further investigation as searches were carried out at Royal Lodge and his new home on the Sandringham estate.

Andrew Mountbatten-Windsor has strenuously denied all wrongdoing.