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The Independent View

The King and the PM are right – no one should be above the law

Editorial: The royal family has acted with conviction, but King Charles and Prince William will need to do more to pressure Andrew Mountbatten-Windsor to cooperate with the American Congressional investigation into Epstein

Police seen outside Royal Lodge in Windsor and Sandringham after Andrew Mountbatten-Windsor arrested

Seismic” is a word that is easily overused, but it seems entirely appropriate in the case of the arrest of the former Prince Andrew and its consequences for the British monarchy.

Whatever Andrew Mountbatten-Windsor may have done – and the accusations are very serious – he is by now too peripheral a figure to bring down the dynasty. But equally, the monarchy cannot occupy its position based on divine right or class-based deference. It must earn its position by being useful.

The conduct of one individual ought not to affect the viability of the UK’s constitutional monarchy, but the family is linked to it, and public opinion can be capricious.

Even before this latest dramatic turn of events, serious questions were rightly being raised once again about the royal family’s finances, their tax affairs, and the size of “the Firm”, including the roles of the more marginal individual members. The Andrew affair, as we may well call it, is an unwelcome challenge to the system's propriety and transparency. The King and the Prince of Wales, in particular, will need to make changes in order to reassure the public that such behaviour will never be tolerated again. If that aspect is not taken care of, the institution will remain destabilised.

The blow to the prestige of the House of Windsor from the Epstein scandal is clearly grievous, as it has been for some years. The infamous BBC Newsnight interview in 2019 with the then Prince Andrew was a turning point for him and his family; his excuses, his unlikely claims, and his strange justification that he was, if anything, too honourable, only made matters worse. The saga is not over. All concerned must be conscious that there may be much worse to come, as the shocks from the millions of Epstein files continue to reverberate through the British body politic.

It is difficult to see any close precedent for these events in the modern age. British royalty is such an ancient fixture that it has seen pretty much everything: beheadings and other executions, forced and voluntary abdications, coups, murders, incarceration of inconvenient relatives, a king rendered deranged by some indeterminate disease, a few outrageous libertines, and routine eccentric behaviour.

The monarchy even had to be restored after an unhappy experiment with a republic in the 17th century. It seems to be an inevitable feature of British life, despite its tribulations.

Andrew Mountbatten-Windsor was arrested on Thursday on suspicion of misconduct in public office
Andrew Mountbatten-Windsor was arrested on Thursday on suspicion of misconduct in public office (PA)

The closest precedent to the events of the present day, in terms of the scale and depth of public concern, was the aftermath of the death of Diana, Princess of Wales, in 1997 – something that the then Prince of Wales, now the King, will remember very well. It was at that time that any notion of the Windsors as a model of family life to be looked up to was decisively shredded.

Also in 1997, Queen Elizabeth reflected that a hereditary monarchy could only exist in the modern era with the “support and consent of the people”. That should never be taken for granted. The monarchy has a constitutional role, and the family bolsters that through its charitable work and public appearances. That is a formula that should not be abused by way of entitlement or extravagance.

Some immediate issues have already been addressed. The former Prince Andrew is being treated like anyone else accused of a crime – nobody should be above the law, as the prime minister has said.

The King was given no special notice of his brother’s impending arrest, and has followed the correct constitutional line, promising to support the “full, fair and proper process”. He has removed all of his brother’s remaining titles and honours, and his royal status – though it took too long – to better quarantine the institution from collateral damage. He has, in short, put duty before family, and has proved ruthless in doing so.

Every occupant of the British throne faces fresh challenges, and each must rise to them as they judge best, and on the advice of their prime ministers and those closest to them. King Charles and Prince William will need to do more to pressure Mr Mountbatten-Windsor to cooperate with the US congressional investigation into Jeffrey Epstein, and to give a full account to the British police looking into the movement of individuals into the UK on Epstein’s private jet. A more convincing statement of apology to the victims must also be put forward.

Misconduct in public office is a serious offence, but there could be even more gruesome problems to deal with in the coming months. Nothing can be done about that, but the King can make clear his distress about what’s gone on, keep his brother far away from the royal family’s work, and implement the reforms the public desires as soon as possible. If these tasks are accomplished, then he might leave the institution in sounder condition than it was in when he inherited it, little more than three tumultuous years ago.

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