Church of Scotland (Lord High Commissioner) Bill

(Limited Text - Ministerial Extracts only)

Read Full debate
2nd reading
Tuesday 4th March 2025

(1 month, 1 week ago)

Commons Chamber
Church of Scotland (Lord High Commissioner) Act 2024-26 Read Hansard Text Watch Debate

This text is a record of ministerial contributions to a debate held as part of the Church of Scotland (Lord High Commissioner) Act 2024-26 passage through Parliament.

In 1993, the House of Lords Pepper vs. Hart decision provided that statements made by Government Ministers may be taken as illustrative of legislative intent as to the interpretation of law.

This extract highlights statements made by Government Ministers along with contextual remarks by other members. The full debate can be read here

This information is provided by Parallel Parliament and does not comprise part of the offical record

Pat McFadden Portrait The Chancellor of the Duchy of Lancaster (Pat McFadden)
- View Speech - Hansard - - - Excerpts

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
- Hansard - - - Excerpts

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.

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Douglas Alexander Portrait The Minister of State, Cabinet Office (Mr Douglas Alexander)
- View Speech - Hansard - - - Excerpts

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

(Limited Text - Ministerial Extracts only)

Read Full debate
Committee of the whole House
Tuesday 4th March 2025

(1 month, 1 week ago)

Commons Chamber
Church of Scotland (Lord High Commissioner) Act 2024-26 Read Hansard Text Watch Debate

This text is a record of ministerial contributions to a debate held as part of the Church of Scotland (Lord High Commissioner) Act 2024-26 passage through Parliament.

In 1993, the House of Lords Pepper vs. Hart decision provided that statements made by Government Ministers may be taken as illustrative of legislative intent as to the interpretation of law.

This extract highlights statements made by Government Ministers along with contextual remarks by other members. The full debate can be read here

This information is provided by Parallel Parliament and does not comprise part of the offical record

Douglas Alexander Portrait The Minister of State, Cabinet Office (Mr Douglas Alexander)
- View Speech - Hansard - - - Excerpts

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
- Hansard - - - Excerpts

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.

Pat McFadden Portrait The Chancellor of the Duchy of Lancaster (Pat McFadden)
- View Speech - Hansard - - - Excerpts

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.

Church of Scotland (Lord High Commissioner) Bill

(Limited Text - Ministerial Extracts only)

Read Full debate
2nd reading
Wednesday 19th March 2025

(4 weeks ago)

Lords Chamber
Church of Scotland (Lord High Commissioner) Act 2024-26 Read Hansard Text Watch Debate

This text is a record of ministerial contributions to a debate held as part of the Church of Scotland (Lord High Commissioner) Act 2024-26 passage through Parliament.

In 1993, the House of Lords Pepper vs. Hart decision provided that statements made by Government Ministers may be taken as illustrative of legislative intent as to the interpretation of law.

This extract highlights statements made by Government Ministers along with contextual remarks by other members. The full debate can be read here

This information is provided by Parallel Parliament and does not comprise part of the offical record

Moved by
Baroness Smith of Basildon Portrait Baroness Smith of Basildon
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That the Bill be now read a second time.

Baroness Smith of Basildon Portrait The Lord Privy Seal (Baroness Smith of Basildon) (Lab)
- Hansard - - - Excerpts

My Lords, the Church of Scotland (Lord High Commissioner) Bill is a short but important piece of legislation that removes a legal barrier preventing Roman Catholics holding the office of the Lord High Commissioner to the General Assembly of the Church of Scotland. This historic legal restriction applies specifically to Roman Catholics and not to people of different or no religious faith.

For noble Lords who may not yet be acquainted with the role of the Lord High Commissioner—although I suspect from looking around the Chamber that most noble Lords know more than I do, even though my mother is Scottish and Church of Scotland—I shall try to shed light on the position. I note that the noble and learned Lord, Lord Hope of Craighead, who will speak later today, held that office between 2015 and 2016, being appointed by Her late Majesty Queen Elizabeth II. I hope he will bear with me while I provide a brief explanation, and I look forward to his contribution.

The Lord High Commissioner is the sovereign’s personal representative to the General Assembly of the Church of Scotland. The General Assembly is the governing body of the Church of Scotland. It meets each May in Edinburgh, to hear reports, make laws and set the agenda for the Church of Scotland. The Lord High Commissioner is appointed as an observer to attend proceedings and to inform His Majesty the King personally about the business of the assembly. The Lord High Commissioner also undertakes important ceremonial duties, including addressing the General Assembly at its opening and closing sessions and attending the daily business on the sovereign’s behalf. The Lord High Commissioner undertakes official visits in Scotland, as well as hosting engagements at the Palace of Holyroodhouse.

Historic legislation currently prevents the appointment of Roman Catholics to this role. The Claim of Right 1689 sets out restrictions against Roman Catholics being appointed to public offices in Scotland, which include the Lord High Commissioner. The Roman Catholic Relief Act 1829 removed many legal restrictions on Roman Catholics. Crucially, however, it explicitly did not remove the restrictions against Roman Catholics holding the post of Lord High Commissioner. Therefore, there remains a legal barrier that prevents Roman Catholics undertaking this role. This Bill is concise and narrowly focused, and will deliver a straightforward but important change by enabling Roman Catholics to undertake the post of Lord High Commissioner.

The immediate impact of the passing of this Bill will be to facilitate the appointment of Lady Elish Angiolini, who is a Roman Catholic, as Lord High Commissioner for 2025. Lady Elish’s distinguished career encompasses law, justice and academia. In 2011, she was honoured as a Dame Commander of the Order of the British Empire for her outstanding contributions to the administration of justice. Since 2012, she has served as principal of St Hugh’s College, Oxford, and she was appointed pro-vice-chancellor of the University of Oxford in 2017. In 2022, Her late Majesty the Queen appointed her to the Most Ancient and Most Noble Order of the Thistle, and she participated in the Coronation in 2023. Should this Bill pass, she will make history as the first Roman Catholic to be appointed Lord High Commissioner.

Lady Elish’s appointment would be a historic gesture of unity, good will and collaboration between the Church of Scotland and the Catholic Church in Scotland, following the St Margaret declaration signed in 2022, as well as a continuing declaration of friendship between the two Churches. This combined effort between the two denominations is a welcome demonstration of how people from different religions and backgrounds in our society can unite to emphasise the values and issues that unite us all and can acknowledge our differences with respect and dignity. I note that the appointment of Lady Elish to the role of Lord High Commissioner has been warmly welcomed, including in the other place when this Bill was debated, taking note of her distinguished career and personal achievements.

The legislation is before the House today on an accelerated timetable, which is necessary to ensure that Lady Elish’s appointment can be made ahead of the General Assembly in May. Subject to Royal Assent, the formalities of the appointment will begin. This process will include a formal commission for the office, accompanied by a royal warrant.

I can reassure the House that the UK Government have worked closely with key stakeholders in the development of this legislation. While the Bill concerns a reserved matter, my right honourable friend the Chancellor of the Duchy of Lancaster spoke to the First Minister of Scotland and representatives of the Church of Scotland in advance of bringing forward this legislation. We thank them for their constructive and collaborative approach to this issue. The Government also engaged with the Catholic Church to ensure that it was kept informed ahead of the introduction of the legislation. My right honourable friend the Chancellor of the Duchy of Lancaster also discussed the matter with Lady Elish directly and we have absolutely no doubt that she will be an excellent Lord High Commissioner.

I will briefly summarise this two-clause Bill. 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. Clause 2 sets out the territorial extent of the Bill and the commencement of the Bill, including that it will commence on Royal Assent.

To conclude, this Bill has a welcome aim and delivers a concise, albeit narrow, objective. I hope the Bill will receive support from all sides of the House. In that spirit, I commend it to the House. I beg to move.

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Baroness Smith of Basildon Portrait Baroness Smith of Basildon (Lab)
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My Lords, it has been an absolute pleasure to be part of today’s debate and to listen to the contributions made. It may have been one of the easiest debates I have taken part in, such is the unanimity and warmth around the House. Lady Elish will know from the comments that have been made about her the support she has from across Parliament —it was the same in the other place—in the position that this legislation will enable her to take up.

What I have found so impressive about this debate has been not just how passionate many noble Lords have been about the issue but the way in which the humanity and humour has come through, as well as some history lessons. As a mere Englishwoman, there is a lot that I have to learn. I declare that I am half Scottish.

The noble Lord, Lord Kirkhope, said that he hesitated before standing up to contribute. I think that English voices are welcome, as this is something that affects us all. Some of the stories and accounts that we have heard today show just how important, symbolic and valued this legislation is. I am really pleased to hear such strong support for the measures in the Bill, and that we can make progress towards removing a historic, and in many ways shameful, legal barrier.

I will respond to some of the comments that were made in the debate. The noble Lord, Lord True, was the first to make clear his strong support for this measure. He made the point that we should celebrate our unity but respect our differences; the two are not exclusive in any way at all. We have brought this legislation forward because of the practical and immediate effect that it will have, but noble Lords are right that there are a few—not many, now—historic restrictions. We will look into those, and, when I can report back to your Lordships’ House, I will do so. It is right that we do not want to be in this position again.

I thank the noble and learned Lord, Lord Wallace of Tankerness, for declaring his interest. It was very helpful to the House, as was his knowledge of Lady Elish. It was with some relief, as I listened to him and the noble and learned Lord, Lord Hope, to learn that I had not got it badly wrong, given the experience they have both had. They both spoke of the progress that has been made.

The noble and learned Lord, Lord Hope of Craighead, obviously enjoyed his time in this role. It was a delightful speech—the memory of the fountain will remain with me always. He has explained to Lady Elish what will come and what is to be lost. The trappings of office are short-lived in many ways, but his description of the duties of the office was very helpful to the whole House. The voice of the right reverend Prelate the Bishop of London was welcome in this context, as well.

The noble Earl, Lord Dundee, made a strong case for co-operation between religions and across the board, including in your Lordships’ House. He spoke from the Law Society brief about the Lord Chancellor’s role and asked why it was not included here. I reassure him on that point that the Lord Chancellor’s relief Act was made obsolete by the 1974 legislation. I understand the desire to tidy up legislation, but the 1974 legislation had the practical effect of ensuring that there is no bar on Catholics taking on the role of Lord Chancellor. I hope that reassures him on that particular point.

The speeches of the noble Baronesses, Lady Alexander of Cleveden, Lady Goldie and Lady Kennedy of The Shaws, all showed, in powerful and passionate ways, the progress that has been made in society, but also how far we still have to go.

As a child growing up, I was not aware of the same kind of sectarianism as other noble Baronesses. I saw a taste of it as a Northern Ireland Minister and it was quite illuminating for me. My noble friend Lord Browne and I served for a number of years together in the Northern Ireland Office. I remember talking to a group of schoolchildren where the Catholic boys’ school and the Protestant girls’ school had come together. They were doing events together and meeting; it was great. But when I asked the boys whether they would they date a girl from the other school, a couple of the Catholic lads said to me, “Oh no, we couldn’t”. That was some years ago now, but it just showed me how ingrained some of these things are, how hard we have to work and how we should never, ever take progress for granted as we make it but should always to fight to make further progress. I thank all those who spoke on that particular point.

Religious hate crime is something that we can never tolerate, should never try to explain and should always do everything we can to deal with. On religious discrimination, for my noble friend Lady Kennedy of The Shaws and the noble Baroness, Lady Goldie, to have grown up feeling puzzled or frightened is completely unacceptable. We would not want any child to be feeling that way ever again.

I thank my noble friend Lady Kennedy of The Shaws for reminding us about Lord Mackay of Clashfern. I remember hearing him speak about this. This was a man of enormous ability, compassion, humanity and values. I think it was a great sadness to him that in a church that he had been a member of for so long he was no longer able to worship because he, rightly, wanted to show his respect to friends who were Catholics by going to their funeral. It remained a sadness to him. Given his values and his humanity, just think what he would think of this Bill today. I think he would be enormously proud of it.

There is probably little more I can say, because the speeches we have heard today have spoken for themselves. It has been an absolute privilege to engage in this debate. I think the point my noble friend Lord Browne made was that here we have an Irish Catholic woman taking on this role by sheer strength of her abilities and aptitude, and that has been welcomed. My noble friend Lord Browne also made a comment about how the King has opened up to different faiths. It just took me back to the Coronation, where four Members of your Lordship’s House representing four faiths had quite a central role, and what that said about the country we have become and the country we want to be.

It has been a privilege to engage in this debate. We have other stages to go through, but it is an honour for me to move that this Bill be now read a second time.

Bill read a second time and committed to a Committee of the Whole House.

Church of Scotland (Lord High Commissioner) Bill

(Limited Text - Ministerial Extracts only)

Read Full debate
Order of Commitment discharged & 3rd reading
Monday 24th March 2025

(3 weeks, 2 days ago)

Lords Chamber
Church of Scotland (Lord High Commissioner) Act 2024-26 Read Hansard Text Watch Debate

This text is a record of ministerial contributions to a debate held as part of the Church of Scotland (Lord High Commissioner) Act 2024-26 passage through Parliament.

In 1993, the House of Lords Pepper vs. Hart decision provided that statements made by Government Ministers may be taken as illustrative of legislative intent as to the interpretation of law.

This extract highlights statements made by Government Ministers along with contextual remarks by other members. The full debate can be read here

This information is provided by Parallel Parliament and does not comprise part of the offical record

Moved by
Baroness Smith of Basildon Portrait Baroness Smith of Basildon
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That the order of commitment be discharged.

Baroness Smith of Basildon Portrait The Lord Privy Seal (Baroness Smith of Basildon) (Lab)
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My Lords, I understand that no amendments have been set down to this Bill and that no noble Lord has indicated a wish to move a manuscript amendment or to speak in Committee. Unless, therefore, any noble Lord objects, I beg to move that the order of commitment be discharged.

Motion agreed.
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Moved by
Baroness Smith of Basildon Portrait Baroness Smith of Basildon
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That the Bill be now read a third time.

Baroness Smith of Basildon Portrait The Lord Privy Seal (Baroness Smith of Basildon) (Lab)
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My Lords, I have it in command from His Majesty the King to acquaint the House that His Majesty, having been informed of the purport of the Church of Scotland (Lord High Commissioner) Bill, has consented to place his prerogatives and interests, so far as they are affected by the Bill, at the disposal of Parliament for the purposes of the Bill.

Motion agreed.
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Moved by
Baroness Smith of Basildon Portrait Baroness Smith of Basildon
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That the Bill do now pass.

Baroness Smith of Basildon Portrait Baroness Smith of Basildon (Lab)
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My Lords, I thank all noble Lords who spoke during the Second Reading debate. It was one of the most positive debates I have ever taken part in in this place. Since the Bill has attracted no amendment and was debated only last week, I will not take up too much of the House’s time today. As I said in the debate, the Bill has a simple aim. It is designed to remove a legal barrier that prevents Roman Catholics holding the office of Lord High Commissioner. The upcoming appointment of Lady Elish Angiolini as the first Roman Catholic Lord High Commissioner would have been blocked by historic legislation if it were not for this Bill. Her appointment is a strong gesture of good faith, co-operation and togetherness between the Church of Scotland and the Catholic Church in Scotland, building on the St Margaret declaration signed in Dunfermline Abbey in 2022.

At Second Reading we heard many powerful speeches from across the whole House, and the impact of those comments really go beyond this Bill. Your Lordships spoke powerfully about the symbolic significance this appointment will demonstrate, not just to two different denominations of Christianity but across society. The values of tolerance, respect and dignity were the running theme of last week’s debate—values symbolised by this appointment. Lady Elish is an accomplished public servant. Your Lordships and Members of the other place have spoken highly of her career and achievements and have warmly welcomed her to her role, and I wholeheartedly agree. There is only one obstacle that prevents her taking up the role, and that is an archaic legal restriction. By passing this Bill removing the restriction, the House can give its support to Lady Elish with our best wishes for her tenure as Lord High Commissioner.

Finally, I express my thanks to all those who have been involved in preparing and passing this Bill. In particular, I thank the Scottish Government, the Church of Scotland and Lady Elish herself. I thank the usual channels and Members on the Front Bench opposite for supporting and facilitating the accelerated timetable for the Bill. I also thank the Bill team from the Cabinet Office and the constitution division for their work in bringing the legislation forward. It is a practical step to remove a relic of a past age that has no place in today’s society. In that spirit, I beg to move.

Lord True Portrait Lord True (Con)
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My Lords, I thank the Minister for the way she has piloted the Bill. I confirm what she said: the unanimity in the House at Second Reading was moving. There was very broad and deep support for the Bill and for this enlightened appointment by His Majesty the King. This House bears great good will towards Lady Elish as she takes on this appointment. We on this side thank the Minister and all those involved behind the scenes in preparing the Bill, and we wish it godspeed.

Lord Wallace of Tankerness Portrait Lord Wallace of Tankerness (LD)
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My Lords, I also thank the Leader of the House, and I echo what the noble Lord, Lord True, said about the debate we had last week. It was quite remarkable, for two reasons. First, there was a historic stain that we wanted to remove. Secondly, we had confidence in the ability of Lady Elish to fulfil the role proposed for her.

I also give thanks to those in the Bill team; I would not say it has been done at breakneck speed, but it had to be done very quickly to meet the deadline of the General Assembly in May. I know that the work done by the Chancellor of the Duchy of Lancaster has been very much appreciated, so I add my thanks—not least to the noble Baroness—that we have managed to get this legislation through. I look forward to seeing Lady Elish at the General Assembly on 17 May.

Baroness Smith of Basildon Portrait Baroness Smith of Basildon (Lab)
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My Lords, I do not think there is much I can add to that. I think the House welcomes the breakout of agreement and co-operation in the House. Long may it last.

Bill passed.