Prince Harry will find it hard to ‘assert any constitutional role in the UK’, experts say

Prince Harry will find it hard to ‘assert any constitutional role’ in Britain after his eviction from Frogmore Cottage because of his unpopularity, royal experts say.

As Harry and Meghan Markle finally vacated the property, it was also claimed that King Charles III should end the Duke’s ‘constitutional relationship with Britain’ now.

The Duke and Duchess of Sussex were asked to move any remaining possessions out of their Grade II-listed five-bedroom cottage close to Windsor Castle in January.

The King kicked them out of Frogmore, which they gave a £2.4million makeover but only used for six months, just days after Harry criticised his family in his book Spare.

The cottage, which was refurbished by the couple and is a Crown Estate property, was their last remaining foothold in the UK, and the couple now live in California.

Their departure comes as some of Britain’s top constitutional experts cast doubts on reports that Harry’s eviction will also confirm his demotion as a Counsellor of State.

But they also pointed out that Harry would not actually act in the role because he no longer undertakes public duties as a working member of the Royal Family.

Royal commentator Richard Fitzwilliam told MailOnline today: ‘Harry and Meghan have finally vacated Frogmore Cottage, which they had moved into in 2019.

Harry and Meghan have officially vacated Frogmore Cottage near Windsor Castle (file image)

‘They were senior working members of the royal family for a remarkably short time. When they settled in California where they are raising their children, Frogmore remained their base in Britain.

‘However if you go rogue and turn on an institution, as they did on the monarchy, there is a price to be paid.

‘I doubt the Sussexes care about their abysmal popularity ratings in Britain. Harry is at war with much of the press and they have hardly any supporters here.

‘Yet in the future, with events not appearing to favour their brand at the moment, they may regret their attacks on the royal family. There appears currently to be no hope of reconciliation.

‘There does appear to be a serious question mark over whether, beyond attacking the royals and revealing intimate texts and photographs, the Sussexes can offer anything really substantial.

‘It is easy to say, as Meghan once did ‘I can say anything’. This attitude may lead to them regretting their behaviour as it may not be long before they have nothing left to say.’

Royal expert Tom Bower also told MailOnline: ‘Harry’s constitutional position would only become an important issue if he returns to Britain.

‘By then he would be so unpopular – both with his brother and the public – that it is hard to imagine that even with King Charles’s support, he could assert any constitutional role, or that anyone would even ask him to fulfil his duties.

‘But this latest issue does resurrect the question of the King’s unwillingness to remove the Sussex’s titles and his mistake to confer titles on their children.’

Mr Bower, who released the book ‘Revenge: Meghan, Harry and the war between the Windsors’ a year ago, added: ‘To end the speculation and interest in the Sussexes, and the damage to the Royal Family they are causing, the King should formally terminate his son’s constitutional relationship with Britain.

‘That would undermine the Sussexes’ money-making mischief, exploiting their royal status.’

A Counsellor of State is effectively a stand-in for Charles, should the King be temporarily unable to carry out his duties if he is ill or abroad.

It had been claimed that Harry would lose the role, because it requires him to be ‘domiciled’ in the UK – and the Sussexes no longer have a British residence.

However, experts told MailOnline today that Harry can still be legally domiciled in the UK as a ‘domicile of origin’, even if he now has residence in the US at his £12million mansion in Montecito, California.

Professor Robert Hazell, an expert in constitution and government at University College London, told MailOnline: ‘One cannot act as a Counsellor of State if not domiciled in the UK.

‘Counsellors of State deputise for the monarch when he is absent abroad, or temporarily unavailable, eg having a hospital operation.

‘Think of them as players on the reserve bench. There is no reason why Harry should not remain on the reserve bench, because one day he may return to the UK.

King Charles III, pictured outside St George’s Chapel at Windsor Castle on Thursday last week

Harry and Meghan seen inside their Frogmore Cottage kitchen in their Netflix documentary

‘And domicile is not the same as residence. It is possible that Harry is still legally domiciled in the UK, if he has not emigrated for good.’

Counsellors of State are royals to whom the monarch can delegate royal functions, and they are appointed from among the sovereign’s spouse and the next four adults in succession aged at least 21.

In the event that Charles could not undertake his official duties as sovereign on a temporary basis, two or more Counsellors of State would be appointed by Letters Patent to act in his place.

The Royal Family website lists the current Counsellors of State as Queen Camilla, Prince William, Prince Harry, Prince Andrew and Princess Beatrice.

Last November, the King also sent a message to Parliament requesting an increase in the number of Counsellors of State who can act on his behalf.

He requested that the role could also be taken by his siblings, Princess Anne and Prince Edward, who both previously had the title before being overtaken in the line of succession.

Dr Craig Prescott, an expert in UK constitutional law and politics at Bangor University, said: ‘As things stand, if there’s a need for a Regent, i.e. due to the ‘total incapacity of the monarch’ – for example, the King suffered a debilitating stroke – then that would be Prince William, as the first in the line of succession, domiciled in the UK, of full age.

‘Similarly, as regards Counsellors of State, if Prince Harry retains his domicile, then he will continue to be included in future appointments as he’s qualified, but simply won’t act, as it will be two out of Prince William, Princess Anne and/or Prince Edward.

‘Prince Harry is like Prince Andrew and Princess Beatrice who are included in the appointments, but they won’t act as they don’t undertake public duties.

The couple are pictured in Frogmore Cottage in their Netflix documentary released last year

‘If Prince Harry is no longer domiciled in the UK, then Prince Harry will not be included in future appointments as he is not qualified as he’s no longer domiciled – and, until Prince George becomes 18, Princess Eugenie would be included.

‘The test of domicile is complex. But ultimately this is all a distinction without a difference as Princess Eugenie would not be expected to act either, as she doesn’t conduct public duties.’

He added: ‘Until Harry loses his domicile, he remains a Counsellor of State.’

Buckingham Palace confirmed this week that Harry and Meghan had finally vacated Frogmore Cottage.

At the annual Sovereign Grant account briefing on royal finances, Sir Michael Stevens, Keeper of the Privy Purse, said: ‘We can confirm that the Duke and Duchess of Sussex have vacated Frogmore Cottage.

‘We will not be going into any detail on those arrangements here.

‘Safe to say that, as has previously been stated, the duke and duchess have paid for the expenditure incurred by the Sovereign Grant in relation to the renovation of Frogmore Cottage, thus leaving the Crown with a greatly enhanced asset.’

Harry was last in the UK earlier this month when he gave evidence at the High Court over his alleged hacking claim against Mirror Group Newspapers (MGN), before that he had returned briefly for his father the King’s Coronation on May 6.

Harry and Meghan moved to North America in 2020 after stepping down from the working monarchy. Grade-II listed Frogmore was a gift to the couple from Harry’s grandmother, the late Queen.

In 2019, royal accounts showed Meghan and Harry paid £2.4million to cover the refurbishment and rental of Frogmore Cottage, on the Home Park Estate, a property they have only used a handful of times since relocating to the US.

A palace official said there was nothing to add in relation to who would live in the cottage in the future. ‘I have nothing to add,’ the official said. ‘Any future occupancy will be determined and communicated in next year’s report.’

The Palace refused to be drawn on whether the King’s disgraced brother the Duke of York would be leaving his Royal Lodge home in Windsor Great Park. It has been reported that Andrew had been offered Frogmore Cottage instead.

Sir Michael said: ‘We will not be discussing any details of the duke’s private lease arrangements here today.’