Church of Scotland (Lord High Commissioner) Bill

2nd reading
Tuesday 4th March 2025

(2 days, 9 hours ago)

Commons Chamber
Church of Scotland (Lord High Commissioner) Bill 2024-26 Read Hansard Text Watch Debate Read Debate Ministerial Extracts
Second Reading
16:15
Pat McFadden Portrait The Chancellor of the Duchy of Lancaster (Pat McFadden)
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I beg to move, That the Bill be now read a Second time.

I am pleased to open the debate on this Bill, which I hope will have the House’s support. It is a simple, straightforward and clear piece of legislation that seeks to do one simple thing: it will remove a legal barrier that prevents Catholics from holding the office of the Lord High Commissioner to the General Assembly of the Church of Scotland. This historic legal restriction applies only to Catholics; it does not apply to people of other faiths or indeed of no religious faith.

For those hon. Members who are not familiar with the role of Lord High Commissioner—if there are any—perhaps it is beneficial for me to set out some context. The Lord High Commissioner is the sovereign’s personal representative to the General Assembly of the Church of Scotland. They are appointed as an observer to attend proceedings on behalf of His Majesty the King. The General Assembly is the governing body of the Church of Scotland that meets each May in Edinburgh to hear reports, make laws and set the agenda for the Church for the coming year. The ceremonial duties of the Lord High Commissioner include addressing the Assembly at its opening and closing sessions as well as attending the daily business on the sovereign’s behalf. In addition, the Lord High Commissioner undertakes official visits in Scotland as well as hosting engagements at the Palace of Holyroodhouse.

Historical legislation currently prevents the appointment of Catholics to the role: specifically, the Claim of Right Act 1689 set out restrictions against Catholics being appointed to public offices in Scotland, including the role of Lord High Commissioner. Most of that was changed by the Roman Catholic Relief Act 1829, which removed many aspects of religious discrimination towards Catholics. However, it did not explicitly remove the restriction against Catholics holding the office of Lord High Commissioner. That means that a legislative restriction exists to this day against someone of the Catholic faith being appointed to this office. Until now, the issue did not arise because no Catholic was ever appointed to the role, but that position changed in December with the announcement of the appointment of Lady Elish Angiolini. The Bill will allow Lady Elish to take up the role.

There is similarity to the approach adopted in the Lord Chancellor (Tenure of Office and Discharge of Ecclesiastical Functions) Act 1974, which removed restrictions on Catholics taking up the role of Lord Chancellor. The Bill is short—as hon. Members can see—and narrowly focused. It will deliver a small but important modernisation to allow Catholics to undertake the role of Lord High Commissioner.

John Lamont Portrait John Lamont (Berwickshire, Roxburgh and Selkirk) (Con)
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I should declare an interest as a member of the Church of Scotland and an elder of the Kirk. I very much support the Bill, but the Minister will be aware that the Law Society of Scotland has suggested that it would have preferred consultation before the Bill was introduced. Does he have any reflections on that? I think that its particular concern was about wider religious discrimination on the statute book that could have also been dealt with as part of this process.

Pat McFadden Portrait Pat McFadden
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I am grateful to the hon. Gentleman for his support for the Bill. I will come on to the timetable that, by necessity, we have had to adopt.

Legislation of this kind is not always preceded by a consultation. Some hon. Members may remember our late friend David Cairns, whose position in this House was facilitated by legislation removing barriers on ordained priests being elected to the House. As I understand it, that particular piece of legislation did not have a consultation before it either.

I turn to Lady Elish Angiolini, whose appointment as the Lord High Commissioner for this year will be facilitated by the passage of the Bill, if it proceeds. Lady Elish has a distinguished background in law, justice and academia. She was appointed Dame Commander of the Order of the British Empire for services to the administration of justice in 2011. In 2022, she was appointed by Her late Majesty the Queen to the Most Ancient and Most Noble Order of the Thistle, and in that role she participated in the coronation in 2023. Lady Elish has also been principal of St Hugh’s College, Oxford since 2012 and was made a pro-vice chancellor of the University of Oxford in 2017.

The announcement Lady Elish’s appointment as Lord High Commissioner has been widely welcomed in Scotland. The appointment would make her the first Catholic to undertake the role of Lord High Commissioner and would be a significant symbol of unity, good will and collaboration between the Church of Scotland and the Catholic Church in Scotland. It builds on the spirit of the St Margaret declaration, signed at Dunfermline abbey in 2022. That was a historic declaration of friendship between the Church of Scotland and the Catholic Church in Scotland, and the legislation before the House builds on the spirit of that.

The hon. Member for Berwickshire, Roxburgh and Selkirk (John Lamont) referred to the circumstances and the timetable. I say to the House that the Bill is on an accelerated timetable, which is necessary to ensure that Lady Elish’s appointment can be finalised ahead of the General Assembly in May. We hope to have all the parliamentary stages completed by the end of next month when, subject to Royal Assent, the formalities of the appointment can begin. That process will include a formal commission for the office, accompanied by a royal warrant, and the speedy passage of the Bill is to allow the formalities necessary to enable Lady Elish to act as Lord High Commissioner and address the General Assembly at its opening and closing sessions in May.

Were the appointment not able to proceed, that would be a setback to recent progress and an outcome that I do not believe anyone wants. I therefore hope that the Bill can proceed today with the support of all parties in the House. While the Bill relates to the reserved matter of the Crown, I have spoken to the First Minister of Scotland and to representatives of both the Church of Scotland and the Catholic Church in Scotland about the Bill and the desire to facilitate the appointment of Lady Elish. I thank them all for their constructive and collaborative approach. I have also had the pleasure of discussing the matter with Lady Elish directly, and I have no doubt that she will be an excellent Lord High Commissioner.

Moving on to the Bill itself, there are two clauses. Clause 1 makes provision to allow a person of the Roman Catholic faith to hold the office of the Lord High Commissioner to the General Assembly of the Church of Scotland, and clause 2 sets out the territorial extent of the Bill and its commencement, including that the Bill will commence on Royal Assent. It is a small step to remove a religious barrier. Without it, neither Lady Elish nor any other Catholic could take up the appointment by the sovereign. The Bill changes that and ensures that the announced appointment can go ahead. It is short and simple, but still in its own way an important Bill. I hope it will receive a broad welcome, and I commend it to the House.

Judith Cummins Portrait Madam Deputy Speaker (Judith Cummins)
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I call the shadow Minister.

16:24
Andrew Bowie Portrait Andrew Bowie (West Aberdeenshire and Kincardine) (Con)
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It is a pleasure to rise to speak in this debate. In fact, it is a genuine pleasure to be speaking, as a member of the Church of Scotland, on an historically significant piece of legislation. It could be argued that this is the latest piece of the work that was begun with the passing of the very legislation that it seeks in part to repeal—the Roman Catholic Relief Act 1829—to ensure full equality for Catholics in our public realm.

I grew up not quite a son of the manse—it was three doors down—but very much in and around the kirk, and in eight years as a Member of this place, this is the first debate on any issue regarding the governance or affairs of the Church of Scotland that I can remember. Given that it relates to one of the two established Churches of our United Kingdom, that is on the one hand surprising, especially when compared with the hours we spend debating governance and issues pertaining to the Anglican Church. But then, its privileged status as the established Church in Scotland—underpinned by the Acts of Union and the Protestant Religion and Presbyterian Church Act 1707—means that since 1921, when the Articles Declaratory of the Constitution of the Church of Scotland formed part of the Church of Scotland Act 1921, it has not required any UK or Scottish parliamentary oversight regarding church worship, governance, constitution, membership or office bearers. This makes today an even more significant moment in the history of the Church and the nation, so infrequently are matters of the Kirk discussed on the Floor of either of Scotland’s two Parliaments.

Our relationship between Church and state in the United Kingdom is a brilliantly fashioned piece of British pragmatism—or possibly a fudge, as some might describe it. Only in Great Britain could we have a Head of state who, while being Supreme Governor of one established Church, the Anglican Church of England, is also an ordinary member of a completely separate Presbyterian Church, the Church of Scotland. But we do, and no questions are asked. It is a piece of ecclesiastical deftness that would be inconceivable in any other country. However, I think we would all agree that it was carried out with ease by the late Queen Elizabeth, who demonstrated her commitment to, interest in and knowledge of both Churches throughout her reign—an interest, passion and dedication now matched by our King.

Today, we see another brilliant piece of British pragmatism in what we are about to legislate for. To many in the outside world, the appointment of the brilliant Dame Elish Angiolini to one of the most significant roles in Scottish public life will rightly be seen as a well-deserved honour for one as successful as she has been in her field and in Scottish and British public life. When we think about it, however, it remains quite incredible that a practising Roman Catholic will represent our Protestant monarch, whose very first act as King, in accordance with the Act of Succession, was to take an oath to

“inviolably maintain and preserve the Settlement of the true Protestant Religion as established by the Laws made in Scotland in prosecution of the Claim of Right and particularly by an Act intituled ‘An Act for securing the Protestant Religion and Presbyterian Church Government’”.

Rightly, no questions will be asked about her appointment.

There may in fact be some who question the appointment, but I think it speaks well to us as a nation—our two nations—that we are so relaxed about such an appointment today. It speaks to just how much Scotland has changed. I wonder if the Scotland of my grandfathers’ time—both of whom were born in Glasgow in the 1920s and both of whom went on to be Kirk elders—would have been as relaxed about such an appointment. Bear in mind that the Church of Scotland was formed out of the blood and fire of the Scottish reformation, with John Knox in his revolutionary zeal creating the only truly national Calvinist church. It dominated public life for centuries: for better, especially in the realm of public education; and for worse, given that for too long it excluded all other forms of Christianity and adherence to anything but the Kirk’s form of Christianity from most positions of influence in public life in Scotland. The songs still sung at certain football grounds between fans of certain rival teams speak to a more difficult time in the history of Scotland and indeed the Churches in Scotland—one that, sadly, has not totally been consigned to the history books.

Scottish public life was until incredibly recently dominated by the Kirk. Its General Assembly was covered in the same way as the sitting of a Scottish Parliament—at that point not in existence—would have been. Its membership when I was born in the mid-1980s sat at around 1 million people, and its presence touched the lives of a great many more. It had daily five-minute slots on Scottish television, with “Late Call” being parodied so well by the late great Rikki Fulton, as well as the Boys’ Brigade and the Women’s Guild. So many people had so much interaction with the Church, but Scotland has changed, and in many ways for the better.

In many ways, however, the changes in Scotland have presented challenges for the Church. Church membership, which was just shy of 1 million when I was born, sits now at just over 200,000. The General Assembly, which for many years sat as the one national forum in Scotland at which issues of importance to people across Scotland could be aired in public and debated, was covered as a sitting of a Parliament would be. Since the creation of the Scottish Parliament, it has not engaged the same media interest as it did in the years preceding 1999. The decline in numbers entering the ministry and the reduction in footfall in church buildings across the country have led to difficult—at times, heartbreaking—decisions being taken to sell buildings and reduce the Church estate.

Yet there are huge positives as well. In recent decades, we have seen the Kirk move with the people of Scotland and modernise. It allowed women to be ordained back in 1968, some 24 years before the Church of England did likewise, and that led to huge growth in the number of women in leadership roles in the Church. The Church has had multiple female Moderators of the General Assembly, the first being Alison Elliot in 2004. In 2015, the Church allowed congregations to appoint ministers who were in same-sex marriages or civil partnerships. That was followed by it officially approving those marriages, and it allowed ministers to conduct them in 2022. Whether it is through traditional church services, outreach in communities across Scotland and Europe, the Guild, CrossReach, or missionary work across the world, the Church of Scotland continues to touch and guide our national life in many ways.

Religion in Britain is a funny thing. On the one hand, we famously “don’t do God.” On the other, we have prayers before every meeting of our national Parliament. On the one hand, unlike other countries, we treat our religion as private. On the other, bishops of one of our established Churches sit in one of our legislatures, and our Head of State is the supreme governor of one of our two established Churches. What we are doing today will baffle most of those watching our proceedings, not least those who do not know that there are two established Churches in the United Kingdom, but it is important, and it has the official Opposition’s full support. It is a significant gesture of good will and unity between two of Scotland’s largest Churches, and builds on the St Margaret declaration of friendship between the Catholic Church in Scotland and the Church of Scotland in 2022. It is yet another display of fantastic British pragmatism, and the sensibleness that has underpinned how Churches and the state have interacted over centuries.

It only remains for me, on behalf of His Majesty’s official Opposition, to wish the new Lord High Commissioner well in her role; to thank the outgoing Moderator of the Church, Dr Shaw Paterson, for his service over this year; to wish the Moderator Designate, Rev. Rosemary Frew, well as she takes up the role; and to wish all those attending the upcoming General Assembly wisdom and patience as they deliberate on matters that mean so much to the national life of Scotland.

16:31
Alison Taylor Portrait Alison Taylor (Paisley and Renfrewshire North) (Lab)
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Like so many in my constituency and across Scotland, I have a lifelong association with the Church of Scotland. For so many of us in Scotland, the stories of our families are intertwined with local Church of Scotland parishes, not just through attendance at church on a Sunday, but through our marking of important life events. That link is evidenced in so many ordinary aspects of community life—at local badminton club meetings in the church hall, and at summer fêtes, jumble sales and coffee mornings.

The Church belongs to all our communities. It assists the elderly and frail in the community, supports young mothers, runs youth clubs, and makes commitments to international aid. My great aunt was an organist in the church in Bishopton, and in Paisley in my constituency. My two children were baptised in the Church of Scotland in Paisley, and my husband and I were married in Drumclog memorial kirk in the constituency of my hon. Friend the Member for East Kilbride and Strathaven (Joani Reid).

My sense of belonging to the Church of Scotland is no barrier to my appreciation of other faiths and other Christian communities. Indeed, the Church of Scotland has demonstrated a sincere commitment to ecumenical dialogue. The Catholic Church has been a willing and active participant in that effort. For more than 40 years, that has led to a shared commitment to people from all faiths and none working together, notably in food banks and many other community support services.

I know that my life is enriched by friendship with people of other faiths; the Church of Scotland has been similarly enriched. Today, for historical reasons that may seem odd to those following the debate, there is a legislative restriction on a person of the Roman Catholic faith being appointed Lord High Commissioner by the sovereign to act as an observer on the sovereign’s behalf. Such restrictions do not apply to people of others faiths, or indeed to those of no faith.

A change in the legislation is long overdue. I am pleased to support the Government in removing this unnecessary and unwelcome impediment to a Roman Catholic serving as the representative of His Majesty the King at the upcoming General Assembly of the Church of Scotland.

Nusrat Ghani Portrait Madam Deputy Speaker (Ms Nusrat Ghani)
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I call the Liberal Democrat spokesperson.

16:34
Christine Jardine Portrait Christine Jardine (Edinburgh West) (LD)
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It is a delight to follow the hon. Member for Paisley and Renfrewshire North (Alison Taylor). In the almost eight years that I have been here, I do not think I have ever looked forward to a debate this much, or taken this much pleasure from one, not just because there is no real party divide to worry about, but because it feels as if the Church of Scotland—of which I was, but am no longer, a member—is finally standing up for the sort of Scotland that we all want to see and work towards.

I am no longer a member of the Church, but I was for many years, and my late husband was an elder in the Kirk, not so very far from the constituency of the hon. Member for West Aberdeenshire and Kincardine (Andrew Bowie). The Church is still a huge part of community life in Scotland. The fact that it has taken this long to overturn the injustice of the Roman Catholic Relief Act 1829—a piece of discrimination against Roman Catholics—is something that we should bear in mind, and we should promise never to allow this to happen again. Although it is important that we get this legislation through quickly, so that we can appoint Lady Elish Angiolini, I hope that we address the wider discrimination left in Scottish society.

This is an important day. Lady Elish has been a role model for so many young women in Scotland. She was the first female Solicitor General, Lord Advocate and Lord Clerk Register, and, as the Minister mentioned, she has been the principal of St Hugh’s College, Oxford, since 2012. The fact that she will be the first Roman Catholic to hold the post of Lord High Commissioner is significant, and further enhances her position as a role model. Everyone I have spoken to from the Church is delighted that she will be in position. We Liberal Democrats completely support the Bill, and hope that it goes through quickly.

16:36
Patricia Ferguson Portrait Patricia Ferguson (Glasgow West) (Lab)
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The fact that in 2025 we can say that no Roman Catholic has ever held the post of Lord High Commissioner seems slightly absurd. There are, of course, other positions in this nation that a Catholic has never occupied and, as matters stand, can never occupy. It is good that we can break down one of those barriers today and reflect the extremely friendly relationship between the Catholic Church in Scotland and the Church of Scotland—and indeed, through the interfaith council, the Church’s relationship with other faiths, too. The change is also a mark of the high regard in which people of good will hold Lady Elish Angiolini, and of the many qualities that make her a fitting representative of His Majesty.

As we have heard, by convention, the sovereign is not normally present at the General Assembly, as he or she is technically an ordinary member of the Church, not its supreme governor, as he or she is in England. Traditionally, the Lord High Commissioner represents the sovereign, and is an observer appointed under the royal prerogative, so, as we know, there is no need for parliamentary approval of the appointment, or for legislation. As the Lord High Commissioner is a representative to the General Assembly, rather than part of the assembly, it is not necessary for them to be a member of the Church of Scotland, or indeed of any other church. However, the legislation that we are considering is necessary because the holder of the office cannot currently be a Roman Catholic.

The Scottish Claim of Right Act 1689 set out restrictions on Catholics being appointed to public office. Paragraph 19 states:

“That by the law of this Kingdome no papist can be King or Queen of this realme nor bear any office whatsomever therin”.

Those are harsh words, if I may say so. The Roman Catholic Relief Act 1829 was the culmination of a long process, working towards giving Catholics relief from the many restrictions imposed on them in Great Britain and Ireland prior to the Union of 1801. However, although that Act retained some restrictions on Catholics, most of which have since been repealed, some significant ones remain. That is what we wish to amend today.

As the Law Society of Scotland has suggested, it is unfortunate that the Bill cannot also be amended to remove the reference to the Lord High Chancellor from the Roman Catholic Relief Act 1829, so that the 1829 Act can be brought into conformity with the Lord Chancellor (Tenure of Office and Discharge of Ecclesiastical Functions) Act 1974.

There is clearly a long history surrounding the appointment, with the first Lord High Commissioner having been appointed in 1580. In the intervening five centuries, significant people have held the post, including a number of former colleagues of mine, and of the hon. Member for Berwickshire, Roxburgh and Selkirk (John Lamont), and including Lord James Douglas Hamilton, Lord Wallace, Lord Steel and George Reid. Colleagues might have spotted that they have something in common: they were all men. It was not until 1970 that the late Peggy Herbison, a former MP, was appointed the first female Lord High Commissioner. We then had to wait another 24 years, until the appointment of Lady Fraser, for the second. Since then, the Princess Royal has held the post twice, and it would be good to think that, following Lady Elish’s appointment, we might see woman appointed more regularly.

The appointment is expected to be made, we are told, on the basis of the merit and contribution to society of the appointee, and Lady Elish certainly qualifies on both counts. I should declare an interest: I have known Lady Elish since we were both teenagers and members of our respective schools’ debating societies. She was very much better than I was, and even then, it was clear that she was destined for a very significant future. I also served in Government with her when she was appointed by First Minister Jack McConnell as the first female Solicitor General. Elish went on to become the first female Lord Advocate. She held both positions with distinction and was highly regarded during her time in office. Since then, she has served in a number of legal posts, and is currently the principal of St Hugh’s College, Oxford, and Pro-Vice-Chancellor of the University of Oxford. She is also the first woman to hold the position of Lord Clerk of Scotland, another first for a woman. Significantly, she chaired the public inquiry into the abduction, rape and murder of Sarah Everard. We can safely say that Lady Elish is an outstanding candidate for the post of Lord High Commissioner.

As I mentioned in opening, it is regrettable that in 2025 we still have such laws on the statute book, but ironically the relationship between the two Churches is in very good heart. The signing of the St Margaret’s declaration in 2022 by the Moderator and Archbishop Cushley, the representative of the Catholic bishops conference, seeks to build on the common heritage of the two denominations in the Christian tradition. It recognises that divisions are still present, but seeks to mend those divisions and to focus on what the Churches have in common. With the passing of the Bill today and the appointment of Lady Elish to the post of Lord High Commissioner, we take another welcome step on the journey to ecumenicalism.

16:42
Brendan O'Hara Portrait Brendan O’Hara (Argyll, Bute and South Lochaber) (SNP)
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It is a pleasure to follow the hon. Member for Glasgow West (Patricia Ferguson). Of course we welcome the Bill, and the Government can be assured that we will do whatever we can to assist its progress through the House, but as we have heard from many hon. Members, the fact that in 2025 the United Kingdom is still having to introduce legislation to remove anti-Catholic legislation from the statute book is pretty embarrassing. That people of the Roman Catholic faith are still explicitly legally barred from holding the position of Lord High Commissioner of the Church of Scotland—a post that can be held by people of all other faiths and those with no religious belief—is nonsense.

I do not blame the Government or the Minister one iota. I am quite sure that they were as surprised as anybody when, after having appointed Lady Elish Angiolini to the office of Lord High Commissioner, one of their lawyers appeared, blowing the cobwebs off the 1829 Act, to reveal the flaw in their plan. That does not take away from the fact that it is ridiculous that two centuries after the Act was passed, the Government are still having to introduce these narrowly focused Bills to correct historical wrongs as and when they appear.

While I can understand that the Government were caught on the hop with regard to this particular appointment, I share the frustrations of the hon. Member for Berwickshire, Roxburgh and Selkirk (John Lamont), who wondered whether it would not be better to bundle all this legislation together and remove all existing anti-Catholic discrimination, rather than just doing it piecemeal as and when circumstances arise. That may well not have been possible on this occasion, given the time constraints of Lady Elish’s appointment, and so the Government are having to get around the problem in this fashion, but I hope that we never again find ourselves in this situation and that the Government will find time to bring forward legislation that, once and for all, removes all traces of anti-Catholic discrimination from UK law.

Were the Minister to approach his boss with such a proposal, I suspect that he would receive a fair hearing. As far back as 2002, an aspiring young barrister—now the Prime Minister—writing in The Guardian, described the UK’s remaining anti-Catholic laws as “deeply offensive” and an offence to multicultural Britain. Should such a Bill be introduced, I would like to think that it would pass through this House quickly and without too much opposition.

It is important to point out that this situation has nothing whatsoever to do with the Church of Scotland, which, to its enormous credit, has viewed the appointment of Lady Elish to the post of Lord High Commissioner as completely uncontroversial. The Rev. Fiona Smith, principal clerk of the General Assembly of the Church of Scotland, has said:

“We are honoured that His Majesty has appointed Lady Elish Angiolini as Lord High Commissioner…We very much look forward to welcoming her to the General Assembly.”

As others have mentioned, that is a remarkable transformation, because not so long ago the idea of a Catholic female, particularly one of Irish descent, being the sovereign’s official representative in the Church of Scotland would have been unthinkable to many in this Kirk.

Although I do not think that the Minister was there personally, I am sure he will remember that it was only in 1923 that the infamous report entitled “The Menace of the Irish Race to our Scottish Nationality” was presented to the General Assembly, so the appointment of a Catholic woman as Lord High Commissioner being welcomed by the Church of Scotland is a wonderful example of how far Scotland as a nation has travelled in recent decades.

As the Minister has said, and as others have repeated, it should come as no surprise to any of us that if there was a trail to blaze, Elish Angiolini was the person who was going to blaze it. Born Elish Frances McPhilomy in Glasgow and educated at Notre Dame high school and the University of Strathclyde, she became one of Scotland’s most prominent lawyers, serving as Solicitor General, as we have heard, before becoming Lord Advocate. She served under both Labour and SNP Governments at Holyrood between 2006 and 2011, before being appointed to St Hugh’s College the following year.

Lady Elish remained prominent in public life; as we have heard, she chaired several Government inquiries into deaths in police custody and the investigation and prosecution of rape. In 2020 she published a report on her review of the handling of complaints against Police Scotland, before becoming chair of the board of trustees at Reprieve, a charity made up of lawyers, investigators and campaigners fighting for justice for people facing human rights abuses, often at the hands of powerful Governments.

As if to cement her trailblazing reputation, in October 2023 Lady Elish became the first woman to be sworn in as the new Lord Clerk Register of Scotland—one of the oldest remaining great offices of state, with origins going back to the 13th century. Given the circumstances, I do not think that there could be a more appropriate appointment to the role of Lord High Commissioner of the Church of Scotland than that of Elish Angiolini, but, as I have said, it is deeply regrettable that because of her religious beliefs, we have had to pass a Bill in this House to allow it to happen.

Finally, given that this Bill is welcome but long overdue, I am delighted to inform the Government that should Lady Elish decide not to take up the role for any reason whatsoever, from this day on I, too, am available for selection.

16:49
John Grady Portrait John Grady (Glasgow East) (Lab)
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The hon. Member for Argyll, Bute and South Lochaber (Brendan O’Hara) has provided a most eloquent job application.

I was very pleased to read of the upcoming appointment of Lady Elish Angiolini. Not only would Lady Elish be the first Roman Catholic to hold the office of Lord High Commissioner, but she is incredibly well qualified—speaking as a recovering Scots lawyer, someone who has held the posts of Lord Advocate and Solicitor General with such accomplishment is clearly incredibly well qualified for the role. She is an example, as are some Members of this House, of the excellent education you can get from state schools in Glasgow.

The current law means that, at present, a Roman Catholic cannot be Lord High Commissioner. The Bill removes the legal impediments to that, and therefore I fully support it. Lady Elish Angiolini is a practising Roman Catholic, and much work has been done to build closer links between the Catholic Church in Scotland and the Church of Scotland, including the St Margaret declaration signed in 2022. However, as importantly—if not more importantly—much work has taken place between local Catholic and Church of Scotland congregations. I have seen much of that work in Glasgow at first hand, pretty much every Sunday, and it is an absolute joy to behold.

More widely, Lady Elish’s appointment is another very good example of the progress made between the two Churches. She has said the following of her appointment, which is something quite profound that we in this House should pause and reflect on:

“It is really important that people of all religions and faiths come together. The world is a scary place these days and it is important that people of all faiths meet, share, and promote peace and harmony. This is a good example of that.”

I could not agree more.

I say that this Bill is important, because it is a demonstration of people of different religions and faiths coming together in Scotland and putting aside their differences. In Glasgow, in Scotland and across our family of nations, people of different faiths, and of no faith, work very well together for the good of our communities. In Glasgow, we see many examples of that. We have one of the oldest Muslim populations in Scotland, which gives greatly to people in Glasgow; we have a vibrant Sikh population, which dedicates itself to the service of the poorest in Glasgow; and the annual Holocaust memorial lecture at the University of Glasgow brings large and diverse audiences, including many of our Jewish brothers and sisters, to reflect on the terror of the Holocaust. People in Glasgow and in Scotland work hard to understand each other, and religious diversity is a source of joy, energy, strength and beauty in Glasgow’s 850th year. The appointment of Lady Elish is a profound moment in this year.

All this speaks to the words of the St Margaret declaration:

“what we hold in common is often greater than what divides us.”

In these times, as Lady Elish suggests, it is important that we redouble our efforts for dialogue and understanding between people of faiths, as well as people of no faith. At this moment, we should also celebrate the real progress we have made in that regard across our family of nations. This Bill is one very good example, and I for one am proud to live in a family of nations that has had a Muslim First Minister and a Hindu Prime Minister. I am proud to see this Bill make progress through this House.

16:52
Douglas Alexander Portrait The Minister of State, Cabinet Office (Mr Douglas Alexander)
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It is a genuine pleasure to close this important debate. I should begin, as others have done, by declaring an interest, in that I myself am a member of the Church of Scotland. I give my thanks to hon. Members on both sides of the House for their thoughtful, measured and constructive contributions, in addition to their substantive support for this worthwhile piece of legislation.

As we have heard from my right hon. Friend the Chancellor of the Duchy of Lancaster, this important Bill will facilitate the appointment of Lady Elish Angiolini as the first Roman Catholic to hold the historic office of Lord High Commissioner. The Bill will put an end to the statutory constraint that prevents someone from being appointed to that position solely on the basis of their religion. In this debate, we have heard a number of views and contributions from hon. Members, to which I will now turn.

First, I thank the shadow Secretary of State for Scotland, the hon. Member for West Aberdeenshire and Kincardine (Andrew Bowie), for both his substantive support and the spirit of his speech to the House today. When it comes to the ecclesiastical deftness of which he spoke, the appropriate acknowledgment of the Kirk’s place in our national life is surely more tablet than fudge—by which I mean tablet, rather than The Tablet, the esteemed Catholic newspaper. In all seriousness, the powerful case he made for ecumenical understanding in modern Scotland was well judged and surely commands support across the House. As he stated, thankfully Scotland has changed. As a fellow communicant member, he spoke with knowledge, understanding and empathy of the Kirk’s continuing work and witness, guiding our national life.

My hon. Friend the Member for Paisley and Renfrewshire North (Alison Taylor) spoke movingly of the huge contribution made by the Church of Scotland, not just in the now renamed Clyde presbytery, but in local parishes right across our nation. I can personally attest to that. My grandfather, the Rev. Douglas Alexander, was a parish minister in Eaglesham in East Renfrewshire, and my father—also the Rev. Douglas Alexander—was, as my hon. Friend knows, a parish minister in Bishopton. She spoke of her family ties there, and I am proud to say that Bishopton is now in her constituency. My father served in that parish for almost 30 years. It is right to recognise the huge contribution of the Kirk to the life and work of communities right across our nation, and I am happy to do so from this Dispatch Box today.

The hon. Member for Edinburgh West (Christine Jardine) brought a zest and enthusiasm to this debate that I had not fully anticipated, but it seems merited in the light of the contributions we have heard. As the Liberal Democrat spokesman for Scotland, she described this Bill accurately as an action standing up for the Scotland that we all want to see. That is a sentiment with which we would all surely agree. She also spoke generously and accurately about Lady Elish Angiolini’s genuinely pioneering role in our national life. That is a sentiment with which we would concur on this side of the House.

My hon. Friend the Member for Glasgow West (Patricia Ferguson) brings to this House her experience of serving in the Scottish Parliament and Scottish Cabinet. That experience was reflected in her remarks in this Chamber this afternoon, where she spoke with warmth and insight—in part born from a similar schooling at Notre Dame—about the suitability of Lady Elish Angiolini for the high office of Lord High Commissioner. I thank my hon. Friend for sharing those insights, and I concur with her view that Lady Elish is indeed very well qualified for the role.

My hon. Friend the Member for Glasgow West made an observation about why this Bill does not remove the reference to the Lord High Commissioner from the Roman Catholic Relief Act 1829. I can offer her the assurance that that was made obsolete by the 1974 Act. While I can understand the desire for legislative tidying-up, the scope of this Bill is necessarily limited to the role of the Lord High Commissioner, and the position is clear: following this Bill, there will be no restriction on a Catholic holding either role.

The hon. Member for Argyll, Bute and South Lochaber (Brendan O’Hara) offered his support and that of this party for the Bill, and we are grateful for that. Cross-party support in this House is a powerful symbol of our shared commitment to cross-denomination and cross-faith understanding in modern Scotland. He rightly recognised the time constraints under which we are necessarily operating today to ensure that Lady Elish Angiolini can take up this office in time for the gathering of the Kirk’s General Assembly in the spring. Despite smuggling into his speech a late and, I have to say, rather unexpected job application, he rightly recognised Lady Elish’s cross-party credentials as a genuine trailblazer in Scottish national life.

My hon. Friend the Member for Glasgow East (John Grady) described with characteristic eloquence how, to quote him, people in Glasgow

“work hard to understand each other, and religious diversity is a source of joy, energy, strength and beauty in Glasgow’s 850th year.”

In that, he is correct. I should perhaps declare another interest, in that Glasgow is the city of my birth, but it is right to recognise that after an at times troubled history of sectarian and religious intolerance, today people make Glasgow, and those people are comprised of all faiths and none. I thank my hon. Friend for his powerful advocacy for dialogue and understanding, which brought to mind Jo Cox, lately of this House. I thank him for his understanding and contribution to the debate today. His speech was very much in keeping with the spirit of the St Margaret declaration.

The debate has indicated that there is support for this legislation across the House. I look forward to hearing further from hon. Members in the remaining stages of the Bill, due to follow shortly. With the support of the House, I commend this Bill to the House.

Question put and agreed to.

Bill accordingly read a Second time; to stand committed to a Committee of the whole House (Order, this day).

Church of Scotland (Lord High Commissioner) Bill

Committee of the whole House
Tuesday 4th March 2025

(2 days, 9 hours ago)

Commons Chamber
Church of Scotland (Lord High Commissioner) Bill 2024-26 Read Hansard Text Read Debate Ministerial Extracts
Considered in Committee (Order, this day)
[Ms Nusrat Ghani in the Chair]
Clause 1
Holding of office of Lord High Commissioner by Roman Catholic
Nusrat Ghani Portrait The Chairman of Ways and Means (Ms Nusrat Ghani)
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I remind Members that in Committee they should not address the Chair as “Madam Deputy Speaker”. I ask them please to use our names; alternatively, “Madam Chair” or “Madam Chairman” is acceptable.

Question proposed, That the clause stand part of the Bill.

Nusrat Ghani Portrait The Chairman
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With this it will be convenient to consider clause 2.

17:00
Douglas Alexander Portrait The Minister of State, Cabinet Office (Mr Douglas Alexander)
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It is a pleasure to serve under your chairmanship, Ms Ghani.

I hope that I will not detain the Committee for long in dealing with the two clauses. The purpose of clause 1 is to make provision to allow a person of the Roman Catholic faith to hold the office of Lord High Commissioner to the General Assembly of the Church of Scotland. The Lord Chancellor (Tenure of Office and Discharge of Ecclesiastical Functions) Act 1974 removed restrictions on individuals taking up the office of Lord Chancellor, and, similarly, the Bill removes the restriction on the Lord High Commissioner from the Roman Catholic Relief Act 1829. Clause 2 sets out the extent, commencement and short title of the Bill: it extends to England and Wales, Scotland and Northern Ireland. It will come into force on Royal Assent, which will ensure that the upcoming appointment of Lady Angiolini as the Lord High Commissioner goes ahead in the run-up to the General Assembly in May.

It is clear that the Bill commands a broad consensus, and I am grateful to colleagues for their approach to it. I look forward to the rest of the debate today, and to seeing the Bill on the statute book soon.

Nusrat Ghani Portrait The Chairman
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I call the shadow Minister.

Andrew Bowie Portrait Andrew Bowie (West Aberdeenshire and Kincardine) (Con)
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I, too, will not detain the Committee for long, having already expressed the full support of His Majesty’s official Opposition for the Bill, and it will come as no surprise that we are not proposing any amendments in Committee. I do, however, have two questions for the Minister. When does he expect the Bill to go to the House of Lords, and can he assure the Committee and, indeed, the Church of Scotland that everything possible will be done to secure its swift passage to Royal Assent so that it is passed in time for the upcoming General Assembly of the Church of Scotland?

Douglas Alexander Portrait Mr Alexander
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I can assure the hon. Gentleman that we want progress to be expeditious. I shall be happy to write to him once we know the exact date on which it will be introduced in the House of Lords, contingent on support in this Chamber today, but I can assure him that, as the Chancellor of the Duchy of Lancaster made clear, we have been engaging in regular dialogue with the Church of Scotland and the other relevant offices, and we have every confidence, on the basis of the support we have seen today and will hopefully see in the other place, that we will be able to provide a timetable ensuring that Lady Angiolini is able to take up her position by the time of the General Assembly in May.

Question put and agreed to.

Clause 1 accordingly ordered to stand part of the Bill.

Clause 2 ordered to stand part of the Bill.

The Deputy Speaker resumed the Chair.

Bill reported, without amendment.

Third Reading

King’s consent signified.

17:04
Pat McFadden Portrait The Chancellor of the Duchy of Lancaster (Pat McFadden)
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I beg to move, That the Bill be now read the Third time.

Given the mood in the House, I do not intend to detain people for long. By now we know the purpose of the Bill: to allow Catholics to be appointed to the role of Lord High Commissioner to the General Assembly of the Church of Scotland. That is the Bill in a nutshell. Today’s debates have demonstrated that there is wide support for the Bill across the House.

I thank the Church of Scotland, the Catholic Church and the Scottish Government for their engagement and collaboration in the development of the legislation. I also thank all those who spoke in our debates, including the hon. Member for West Aberdeenshire and Kincardine (Andrew Bowie), my hon. Friend the Member for Paisley and Renfrewshire North (Alison Taylor), the hon. Member for Edinburgh West (Christine Jardine), my hon. Friend the Member for Glasgow West (Patricia Ferguson), the hon. Member for Argyll, Bute and South Lochaber (Brendan O’Hara), my hon. Friend the Member for Glasgow East (John Grady) and my right hon. Friend the Minister of State for the Cabinet Office. I am grateful to all of them.

As we have said, at the signing of the St Margaret’s declaration at Dunfermline abbey in 2022, both the Catholic Church and the Church of Scotland declared that what they hold in common is far greater than what divides them, and that they would commit to continue working towards greater unity. I hope that this Bill, in its small way, will continue in that spirit.

The hon. Member for Argyll, Bute and South Lochaber referred to 1923 and asked if I was there. I was not there, but in the same year W. B. Yeats wrote that “peace comes dropping slow”. Maybe equality sometimes comes dropping slow too, but today we have taken a small and important step, and I commend the Bill to the House.

Nusrat Ghani Portrait Madam Deputy Speaker
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I call the shadow Minister.

17:06
Andrew Bowie Portrait Andrew Bowie
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I would like to record the thanks of the Opposition to those who have made possible this Bill, which will hopefully soon become an Act, and to Members from across the House for their contributions. I am grateful for the engagement with the Church of Scotland, the Catholic Church and Lady Elish herself.

I think we can all agree that the Bill is a positive step and speaks well to the type of country that Scotland is today, which was certainly not the case 100 years ago. I express yet again my best wishes to the new Lord High Commissioner to the General Assembly, and to all those attending its deliberations in its upcoming meeting in May.

Question put and agreed to.

Bill accordingly read the Third time and passed.