Will a little Potter magic end potty rule of succession?
The subject has already seen JK Rowling scorned by her millennial fans. But that has not dissuaded West Country aristocrat Sir Michael Ferguson Davie from striding into the transgender debate in a manner which may have fellow noblemen nervously clutching their coronets — and other baubles.
‘With gender change there are implications for the succession of hereditary titles,’ says Sir Michael, 76, whose baronetcy, which can only pass down the male line, dates from 1847. ‘If an eldest child, born a female, declares herself now to be male, will that child then take precedence over a younger sibling who was born a male?’
Sir Michael is using the current debate as a rallying cry to end the law of primogeniture. ‘ It is surely time to amend the rules of primogeniture for the succession of peerages and baronetcies,’ he adds. Sir Michael suffered the heartbreak of losing his only son — and only child — more than 30 years ago.
his plea is echoed by the 9th earl of Arran, 81, who has two daughters but no son. Describing the system of primogeniture — by which titles and estates are inherited by sons, or other male heirs, in preference over daughters — as ‘outdated and embarrassing’, he tells me it should be speedily brought to an end.
‘It shouldn’t matter what sex you are in 2020,’ he explains, adding that inheriting a title currently is ‘done only on DNA’.
Charlotte Carew Pole, who heads the pressure group Daughters’ Rights, confirms that point. ‘Under the 2004 Gender Recognition Act, the eldest daughter could have a gender re-assignment certificate, and could legally be allowed to call herself “Mr”, but she would still, for the purpose of titles, be a woman — and so would not take precedence over her younger brother or whoever the male heir might be.’
The earl of Shrewsbury, the premier earl of england, tells me: ‘Daughters’ Rights have presented a Bill to end male primogeniture, and to very simply allow the first born, regardless of sex, to inherit. I fully support that initiative.’