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Government ministers consider law to remove Andrew Mountbatten-Windsor from succession after arrest

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Government ministers consider law to remove Andrew Mountbatten-Windsor from succession after arrest

The UK government is considering legislation to remove Andrew Mountbatten-Windsor, formerly Prince Andrew, from the royal line of succession following his arrest on suspicion of misconduct in public office linked to his past association with the late financier Jeffrey Epstein, according to Al Jazeera.

The move, which ministers are understood to be weighing ahead of any drafting work, would be pursued after the conclusion of a police investigation into allegations that Andrew, while serving as a UK trade envoy, improperly shared confidential official information with Epstein. Andrew remains eighth in line to the throne despite having been stripped of royal duties and titles last year.

Andrew was arrested on 19 February at Wood Farm on the Sandringham estate and detained for about 11 hours before being released under investigation, British media including Sky News reported. Police have not announced any charging decision.

The prospect of Parliament intervening in the succession has intensified political pressure on the government as the criminal inquiry develops and scrutiny returns to Andrew’s longstanding ties with Epstein, who died in prison in the United States in 2019 while awaiting trial on sex trafficking charges. Andrew has previously faced sustained controversy over the relationship and in 2022 reached a civil settlement with Virginia Giuffre in the United States without admitting liability.

Allegations underlying the current investigation relate to Andrew’s time as the UK’s Special Representative for International Trade and Investment between 2001 and 2011. The Guardian reported that investigators are examining material said to include emails disclosed in US justice department releases connected to Epstein, and that the suspected misconduct concerns alleged forwarding of confidential trade-related reports and briefings.

Thames Valley Police is leading the investigation. Officers have carried out searches at properties in Norfolk and Windsor and have been contacting former close protection officers as part of their inquiries, Al Jazeera reported. Police have said the investigation must protect “integrity and objectivity”, according to the Guardian.

Prime Minister Keir Starmer’s government has indicated it is prepared to consider changing succession law once the investigation has concluded, Al Jazeera reported. Any attempt to remove an individual from the line of succession would require an Act of Parliament and, because the monarch is shared across multiple countries, consultation and approval by the other Commonwealth realms that recognise the King as head of state. The Guardian reported that this would involve agreement across 14 realms and would ultimately require royal assent.

Buckingham Palace has signalled it would not oppose such legislation, according to the Guardian. The King has also publicly backed due process, Al Jazeera reported, as the Palace seeks to contain political fallout while distancing the institution from Andrew, who has not carried out public royal duties for years.

The development comes amid strong public sentiment in favour of formal removal. A YouGov poll conducted after Andrew’s arrest found 82 per cent of respondents supported taking him out of the succession line, Al Jazeera reported, adding to cross-party calls for action. Separately, Ipsos polling last year found broad support for stripping Andrew of titles and widespread unfavourable views of him.

Constitutional experts say changing the succession is legally complex and politically sensitive, with few modern precedents outside the 1936 abdication of Edward VIII. However, the political appetite for reform has been sharpened by the anomaly that Andrew, despite no longer being a working royal, remains a counsellor of state in law, a role that can allow designated royals to perform certain official duties on the monarch’s behalf when required. The Guardian has described the status as a constitutional awkwardness that could prompt wider reform.

Andrew has denied wrongdoing, Sky News reported. No court proceedings have been scheduled and the Crown Prosecution Service has not announced whether it is considering charges. Under UK practice, those released under investigation may face further questioning while police continue to gather evidence.

Any legislation is likely to be closely tied to the pace and outcome of the investigation, with ministers wary of being seen to prejudge due process while facing demands to protect the reputation of the monarchy and reinforce standards around public office. Transparency International UK has described misconduct in public office as one of the most serious offences in English law, reserved for wilful abuse of public trust, according to its public statement following the arrest.

For now, government and Palace sources have stressed that discussions remain preliminary. The next key milestones are expected to be investigative updates from police and any indication of timing from prosecutors on a charging decision, alongside early soundings with Commonwealth governments if ministers decide to pursue changes to succession law.

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