Challenge the Oath
A legal requirement to swear an oath of allegiance to the Queen is discriminatory and unjust. By forcing people to take oaths they do not truly believe we devalue and undermine their importance. We believe there should be a choice of oath for republicans. This is a political and legal challenge to make that choice a reality.
What the oaths say

There are numerous variations on the oath of allegiance. Here are some of the more prominent oaths.

Parliament

MPs are required by law to swear an oath or make an affirmation on taking their seats in Parliament, at the start of each new parliament, and after the death of the monarch. Those that refuse to take the oath or make the affirmation are barred from participating in parliamentary proceedings. MPs may not receive their salary or allowances until after they have taken the oath / affirmation.

Text:

"I...swear by Almighty God that I will be faithful and bear true allegiance to Her Majesty Queen Elizabeth, her heirs and successors, according to law. So help me God". [Promissory Oaths Act 1868]

There are 2 alternative options, but the requirement to pledge allegiance to the monarch remains:

"I...do swear that I will be faithful..."

MPs who object to swearing an oath are permitted to make a "solemn affirmation" [Oaths Act 1978]

"I...do solemnly, sincerely and truly declare and affirm that I will be faithful and bear true allegiance to Her Majesty Queen Elizabeth, her heirs and successors, according to law".

The requirement to take the oath / affirmation is also enshrined in the Code of Conduct for MPs:

II. Public Duty

By virtue of the oath, or affirmation, of allegiance, taken by all Members when they are elected to the House, members have a duty to be faithful and bear true allegiance to her Majesty the Queen, her heirs and successors, according to law. [The Code of Conduct together with the guide to the rules relating to the conduct of Members, HC 688 1995/96]

UK Devolved Legislatures

The same form of the oath as that used at Westminster is adopted for the Scottish Parliament and the Welsh Assembly, but not for the Northern Ireland Assembly, which has a pledge of office.

Scottish Parliament

A person returned to the Scottish Parliament cannot take part in any proceedings until he or she has taken the oath of allegiance or made a solemn declaration [Scotland Act 1998 84(1) (2)].

Text:

"I...do wear that I will be faithful and bear true allegiance to Her Majesty Queen Elizabeth, Her Heirs and Successors, according to Law. So help me God".

The affirmation states:

"I...do solemnly, sincerely and truly declare and affirm that I will be faithful and bear true allegiance to Her Majesty Queen Elizabeth, Her Heirs and Successors, according to Law".

Members can opt to repeat their oath / affirmation in a second language.

National Assembly for Wales

A person returned to the Welsh Assembly cannot take part in any proceedings until he or she has taken the oath of allegiance or made a solemn declaration [Government of Wales Act 2006, s. 23]

"Oath or affirmation of allegiance (1) An Assembly member must take the oath of allegiance in the form set out in section 2 of the Promissory Oaths Act 1868 (c. 72) (or make the corresponding affirmation) as soon as is reasonably practicable after being returned as an Assembly member (whether for the first time or subsequently)"

Northern Ireland Assembly

Members of the Northern Ireland Assembly (MLAs) do not have to swear an oath of allegiance to the Crown.

MLAs are only required to sign the Assembly's roll of membership. Additionally, on account of the region's unique history, they are required to designate identity (Nationalist, Unionist or Other).

NI Ministers are required to take a pledge of office, as provided for in the Northern Ireland Act 1998 (Schedule 4). Ministers can be removed from office if the responsibilities of the pledge are not met

Text:

Pledge of Office

1.4 Under the Belfast Agreement and under sections 16, 18 and 19 of the Act, it is a condition of appointment that Ministers of the Northern Ireland Assembly, including the First Minister and the deputy First Minister and junior Ministers, affirm the terms of the following Pledge of Office.
(a) to discharge in good faith all the duties of office;
(b) commitment to non-violence and exclusively peaceful and democratic means;
(c) to serve all the people of Northern Ireland equally, and to act in accordance with the general obligations on government to promote equality and prevent discrimination;
(ca) to promote the interests of the whole community represented in the the Northern Ireland Assembly towards the goal of a shared future;
(cb) to participate fully in the Executive Committee, the North-South Ministerial Council and the British-Irish Council;
(cc) to observe the joint nature of the offices of First Minister and deputy First Minister;
(cd) to uphold the rule of law based as it is on the fundamental principles of fairness, impartiality and democratic accountability, including support for policing and the courts as set out in paragraph 6 of the St Andrews Agreement;
(d) to participate with colleagues in the preparation of a programme for government;
(e) to operate within the framework of that programme when agreed within the Executive Committee and endorsed by the Assembly;
(f) to support, and to act in accordance with, all decisions of the Executive Committee and Assembly;
(g) to comply with the Ministerial Code of Conduct.

Paragraph six of the St Andrews Agreement says:

"We believe that the essential elements of support for law and order include endorsing fully the Police Service of Northern Ireland and the criminal justice system, actively encouraging everyone in the community to co-operate fully with the PSNI in tackling crime in all areas and actively supporting all the policing and criminal justice institutions, including the Policing Board."

Monarchy Oath

New Sovereigns must make an accession declaration on the death of their predecessor:

"I...do solemnly and sincerely in the presence of God profess, testify and declare that I am a faithful Protestant, and that I will, according to the true intent of the enactments which secure the Protestant succession to the Throne of my Realm, uphold and maintain the said enactments to the best of my powers according to law".

Judicial Oath

On being sworn in judges take two oaths/affirmations: the oath of allegiance and the judicial oath, collectively referred to as the judicial oath.

1st Text:

"I... do swear by Almighty God that I will be faithful and bear true allegiance to Her Majesty Queen Elizabeth the Second, her heirs and successors, according to law. So help me God."

2nd Text:

"I...do swear by Almighty God that I will well and truly serve our Sovereign Lady Queen Elizabeth the Second in the office of..., and I will do right to all manner of people after the laws and usages of this realm, without fear or favour, affection or ill will. So help me God.

Judges of the Hindu, Jewish, Muslim and Sikh religions can omit the words "I swear by Almighty God" and replace it with an acceptable alternative.

Magistrates swear the following oath:

"I, ... swear that I will well and truly serve our Sovereign Lady Queen Elizabeth the Second, in the office of Justice of the Peace and I will do right to all manner of people after the laws and usages of the Realm without fear or favour, affection or ill will."

** Amendments to the judicial oath have been made for Northern Ireland by the Justice (Northern Ireland) Act 2002 s.19 following a review of the criminal justice system:

Oath -

"I ...do swear that I will well and faithfully serve in the office of... and that I will do right to all manner of people without fear or favour, affection or ill-will according to the laws and usages of this realm."

Affirmation and declaration -

"I ............... do solemnly and sincerely and truly affirm and declare that I will well and faithfully serve in the office of ............... and that I will do right to all manner of people without fear or favour, affection or ill-will according to the laws and usages of this realm."

Privy Counsellor Oath

On appointment a new Privy Counsellor takes the oath of allegiance, or affirms loyalty:

"You do swear by Almighty God to be a true and faithful Servant unto The Queen's Majesty as one of Her Majesty's Privy Council. You will not know or understand of any manner of thing to be attempted, done or spoken against Her Majesty's Person, Honour, Crown or Dignity Royal, but you will let and withstand the same to the uttermost of your power, and either cause it to be revealed to Her Majesty Herself, or to such of Her Privy Council as shall advertise Her Majesty of the same. You will in all things to be moved, treated and debated in Conscience; and will keep secret all matters committed and revealed unto you, or that shall be treated of secretly in Council. And if any of the said Treaties or Counsels shall touch any of the Counsellors you will not reveal it unto him but will keep the same until such time as, by the consent of Her Majesty or of the Council, Publication shall be made thereof. You will to your uttermost bear Faith and Allegiance to the Queen's Majesty; and will assist and defend all civil and temporal Jurisdictions, Pre-eminences, and Authorities, granted to Her Majesty and annexed to the Crown by Acts of Parliament, or otherwise, against all Foreign Princes, Persons, Prelates, States, or Potentates. And generally in all things you will do as a faithful and true Servant ought to do to Her Majesty. SO HELP YOU GOD"

Armed Forces (excluding royal navy)

Enlisting members of the armed forces are required to pledge allegiance to the monarch as Head of the Armed forces via an oath / affirmation.

The military text is as follows:

"I ..... swear by Almighty God that I will be faithful and bear true allegiance to Her Majesty Queen Elizabeth the Second, Her Heirs and Successors, and that I will, as in duty bound, honestly and faithfully defend Her Majesty, Her Heirs and Successors, in Person, Crown and Dignity against all enemies, and will observe and obey all orders of Her Majesty, Her Heirs and Successors, and of the generals and officers set over me. So help me God."
[Army Act 1955]

Police Officers

Police in England and Wales:

"I . . . . . of . . . . . do solemnly and sincerely declare and affirm that I will well and truly serve the Queen in the office of constable, with fairness, integrity, diligence and impartiality, upholding fundamental human rights and according equal respect to all people; and that I will, to the best of my power, cause the peace to be kept and preserved and prevent all offences against people and property; and that while I continue to hold the said office I will, to the best of my skill and knowledge, discharge all the duties thereof faithfully according to law." [Police Reform Act 2002]

Police in Scotland:

"I hereby do solemnly and sincerely and truly declare and affirm that I will faithfully discharge the duties of the office of constable" [Police (Scotland) Regulations 2004]

Police in Northern Ireland:

The police in Northern Ireland do NOT swear an oath to the monarch. This is as a result of changes recommended by the Patten Commission:

The oath until September 2001:

"I...swear by Almighty God that I will well and truly serve our Sovereign Lady the Queen in the office of (rank) without favour of affection, malice or ill-will; that I will to the best of my power cause the peace to be kept and preserved and that I will prevent to the best of my power all offences against the same; and that, while I shall continue to hold the said office, I will faithfully, according to law, to the best of my skill and knowledge, discharge all the duties of the said office and all such duties as may be attached to said office by law and that I do not now belong to and that I will not, while I shall hold the said office, belong to any association, society, or confederacy formed for or engaged in any seditious purpose, or any purpose tending to disturb the public peace, or in any way disloyal to our Sovereign Lady the Queen and that I will not, while I shall hold the said office, engage or take part in the furthering of any such purpose, or take or administer, or assist or be present at or consent to the administering of, any oath or engagement binding myself or any other person to engage in any such purpose."

The oath from September 2001:

"I...hereby do solemnly and sincerely and truly declare and affirm that I will faithfully discharge the duties of the office of constable, and that in so doing I will act with fairness, integrity, diligence and impartiality, uphold fundamental human rights and accord equal respect to all individuals and to their traditions and beliefs." [Police (Northern Ireland)Act 2000 s.38]

New British Citizens

Oath and pledge is required:

Oath:

"I...swear by Almighty God that, on becoming a British citizen, I will be faithful and bear true allegiance to Her Majesty Queen Elizabeth the Second, Her Heirs and Successors according to law."

Pledge:

"I will give my loyalty to the United Kingdom and respect its rights and freedoms. I will uphold its democratic values. I will observe its laws faithfully and fulfil my duties and obligations as a British citizen."

[Nationality, Immigration and Asylum Act 2002]

Clergy of the Church of England

"I...do swear that I will be faithful and bear true allegiance to Her Majesty Queen Elizabeth II, her heirs and successors, according to law: So help me God"."

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