Church Appointments (Repeal of Discriminatory Provision) Bill: Allocation of Time

Allocation of time motion
Wednesday 21st October 2026

(3 weeks, 1 day ago)

Commons Chamber
Read Full debate Church Appointments (Repeal of Discriminatory Provision) Bill 2026-27 Read Hansard Text
Ordered,
That the following provisions shall apply to the proceedings on the Church Appointments (Repeal of Discriminatory Provision) Bill:
Timetable
(1) (a) Proceedings on Second Reading and in Committee of the whole House, any proceedings on Consideration and proceedings on Third Reading shall be taken at today’s sitting in accordance with this Order.
(b) Proceedings on Second Reading shall (so far as not previously concluded) be brought to a conclusion two hours after the commencement of proceedings on the Motion for this Order.
(c) Proceedings in Committee of the whole House, any proceedings on Consideration and proceedings on Third Reading shall (so far as not previously concluded) be brought to a conclusion three hours after the commencement of proceedings on the Motion for this Order.
Timing of proceedings and Questions to be put
(2) When the Bill has been read a second time:
(a) it shall, despite Standing Order No. 63 (Committal of bills not subject to a programme order), stand committed to a Committee of the whole House without any Question being put;
(b) the Speaker shall leave the Chair whether or not notice of an Instruction has been given.
(3) (a) On the conclusion of proceedings in Committee of the whole House, the Chair shall report the Bill to the House without putting any Question.
(b) If the Bill is reported with amendments, the House shall proceed to consider the Bill as amended without any Question being put.
(4) For the purpose of bringing any proceedings to a conclusion in accordance with paragraph (1), the Chair or Speaker shall forthwith put the following Questions in the same order as they would fall to be put if this Order did not apply:
(a) any Question already proposed from the Chair;
(b) any Question necessary to bring to a decision a Question so proposed;
(c) the Question on any amendment moved or Motion made by a Minister of the Crown;
(d) the Question on any amendment, new Clause or new Schedule selected by the Chair or Speaker for separate decision;
(e) any other Question necessary for the disposal of the business to be concluded;
and shall not put any other questions, other than the question on any motion described in paragraph (15)(a) of this Order.
(5) On a Motion so made for a new Clause or a new Schedule, the Chair or Speaker shall put only the Question that the Clause or Schedule be added to the Bill.
(6) If two or more Questions would fall to be put under paragraph (4)(c) on successive amendments moved or Motions made by a Minister of the Crown, the Chair or Speaker shall instead put a single Question in relation to those amendments or Motions.
(7) If two or more Questions would fall to be put under paragraph (4)(e) in relation to successive provisions of the Bill, the Chair shall instead put a single Question in relation to those provisions, except that the Question shall be put separately on any Clause of or Schedule to the Bill which a Minister of the Crown has signified an intention to leave out.
Consideration of Lords Amendments
(8) (a) Any Lords Amendments to the Bill may be considered forthwith without any Question being put; and any proceedings interrupted for that purpose shall be suspended accordingly.
(b) Proceedings on consideration of Lords Amendments shall (so far as not previously concluded) be brought to a conclusion one hour after their commencement; and any proceedings suspended under sub-paragraph (a) shall thereupon be resumed.
(9) Paragraphs (2) to (7) of Standing Order No. 83F (Programme orders: conclusion of proceedings on consideration of Lords amendments) apply for the purposes of bringing any proceedings to a conclusion in accordance with paragraph (8) of this Order.
Subsequent stages
(10) (a) Any further Message from the Lords on the Bill may be considered forthwith without any Question being put; and any proceedings interrupted for that purpose shall be suspended accordingly.
(b) Proceedings on any further Message from the Lords shall (so far as not previously concluded) be brought to a conclusion one hour after their commencement; and any proceedings suspended under sub-paragraph (a) shall thereupon be resumed.
(11) Paragraphs (2) to (5) of Standing Order No. 83G (Programme orders: conclusion of proceedings on further messages from the Lords) apply for the purposes of bringing any proceedings to a conclusion in accordance with paragraph (10) of this Order.
Reasons Committee
(12) Paragraphs (2) to (6) of Standing Order No. 83H (Programme orders: reasons committee) apply in relation to any committee to be appointed to draw up reasons after proceedings have been brought to a conclusion in accordance with this Order.
Miscellaneous
(13) Standing Order No. 15(1) (Exempted business) shall apply to proceedings on the Bill.
(14) Standing Order No. 82 (Business Committee) shall not apply in relation to any proceedings to which this Order applies.
(15) (a) No Motion shall be made, except by a Minister of the Crown, to alter the order in which any proceedings on the Bill are taken, to recommit the Bill or to vary or supplement the provisions of this Order.
(b) No notice shall be required of such a Motion.
(c) Such a Motion may be considered forthwith without any Question being put; and any proceedings interrupted for that purpose shall be suspended accordingly.
(d) The Question on such a Motion shall be put forthwith; and any proceedings suspended under sub-paragraph (c) shall thereupon be resumed.
(e) Standing Order No. 15(1) (Exempted business) shall apply to proceedings on such a Motion.
(16) (a) No dilatory Motion shall be made in relation to proceedings to which this Order applies except by a Minister of the Crown.
(b) The Question on any such Motion shall be put forthwith.
(17) (a) The start of any debate under Standing Order No. 24 (Emergency debates) to be held on a day on which the Bill has been set down to be taken as an Order of the Day shall be postponed until the conclusion of any proceedings on that day to which this Order applies.—(Hamish Falconer.)

Church Appointments (Repeal of Discriminatory Provision) Bill

2nd reading
Wednesday 21st October 2026

(3 weeks, 1 day ago)

Commons Chamber
Read Full debate Church Appointments (Repeal of Discriminatory Provision) Bill 2026-27 Read Hansard Text Read Debate Ministerial Extracts
Second Reading
15:29
Edward Leigh Portrait Sir Edward Leigh (Gainsborough) (Con)
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On a point of order, Ms Cummins. I have a question about the possible hybridity of this Bill. A hybrid Bill is when a Government Bill—a public Bill—is used to affect only one person. As we see in paragraph 13 of the explanatory notes,

“The Prime Minister professes the Roman Catholic faith. He is therefore prevented from fulfilling his constitutional role”—

exactly. The Bill is therefore specifically referring to one person.

I know that in answer, Madam Deputy Speaker, you might say that this will also benefit Catholics and Jews in the future, but we have to deal with the situation as we find it now. We cannot deal with hypothetical issues. It is rather as if we had a Bill to address a condition that has affected only one person in the past 500 years. Of course, we have not had a Catholic Prime Minister for 500 years. Indeed, there was not a Prime Minister who was Catholic 500 years ago; there was not even a Prime Minister 500 years ago. The chance is therefore vanishingly small that in the immediate future, this Bill will be activated.

Of course, I never try to cause trouble, Madam Deputy Speaker, and I am not asking for an answer now, but I think it is a moot point that you might ask your Clerks to investigate.

Judith Cummins Portrait Madam Deputy Speaker (Judith Cummins)
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I thank the right hon. Gentleman for his point of order, and he can have his answer now. The Bill removes a disqualification from two categories of persons as set out in clause 1. The number of people who currently fall into those categories for the purposes of the Bill is not relevant to the test of hybridity. I am sure that the Clerk of Legislation will be happy to discuss the matter further with the right hon. Gentleman.

I call the Minister.

15:31
Hamish Falconer Portrait The Minister for Intergovernmental Relations and European Relations (Mr Hamish Falconer)
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I beg to move, That the Bill be now read a Second time.

It is a pleasure to open today’s debate on this straightforward yet important piece of legislation, which I hope will command broad support across the House. The purpose of this Bill is to remove historical legal barriers that prevent a Prime Minister who professes either the Roman Catholic or Jewish faith from advising the sovereign on Church appointments or a Minister from making appointments in their own right.

For the benefit of the House, it may be helpful to briefly set out the constitutional and historical context. Since the formal establishment of the Church of England in the 16th century, archbishops and bishops have been appointed by the sovereign as Supreme Governor. Over time, they came to do so on the advice of Ministers, and now the Prime Minister, as the sovereign’s principal adviser, provides advice on these and other Church appointments that the sovereign makes. In practice, the Prime Minister does not choose between candidates, but rather provides formal advice on candidates following a selection process. Separately, certain Ministers—for instance, the Lord Chancellor—have, by virtue of their office, rights to act as a patron in parish-level Church appointments directly without the involvement of the sovereign. Again, this is following a selection process.

To understand why these restrictions remain on our statute book today, it is helpful to look briefly at the 19th century, when Parliament passed the Roman Catholic Relief Act 1829 and the Jews Relief Act 1858. After the reformation, many people believed that religious unity under the Church of England and Church of Scotland was essential to maintain the peace. Gradual progress was then made to remove restrictions on worship outside of the established Churches and expand the role of non-Anglicans in political life.

Deirdre Costigan Portrait Deirdre Costigan (Ealing Southall) (Lab)
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I am grateful to the Minister for giving way. It was the great Daniel O’Connell—elected Member of Parliament for County Clare in Ireland in 1828 but unable to take up his seat because he would not swear the Oath of Supremacy—who famously achieved Catholic emancipation through that 1829 Catholic relief Act. O’Connell was known as “The Liberator”, and Gladstone called him

“the greatest popular leader whom the world has ever seen”,

and yet to this day, there is no statue or portrait to O’Connell in this House. Does the Minister agree that today, 197 years on, the legacy of Daniel O’Connell, the Liberator, will finally be complete with full equality in elected office for both Catholics and Jews?

Hamish Falconer Portrait Mr Falconer
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My hon. Friend makes a powerful intervention. She is right that the effect of this Bill will be to remove the last remaining discriminations against Catholics and Jews on the statute book. It is a historic moment, and I am very glad of it.

Edward Leigh Portrait Sir Edward Leigh
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Surely it will remain on the statute book that a member of the royal family cannot marry a Roman Catholic and inherit the Crown?

Hamish Falconer Portrait Mr Falconer
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My hon. Friend the Member for Ealing Southall (Deirdre Costigan) was making a point about the active role of Roman Catholics in public life, including in this place. I suspect that the Father of the House and I are not going to agree totally on this Bill, but as constituency neighbours I want to say that he does, as a professing Catholic, play a very active role both in this House and elsewhere. This Bill would take all force away from the Roman Catholic Relief Act 1829 and mean that none of its provisions have any force. That is slightly different from the question of the line of succession. For the purposes of this House and normal political activity in this country, the Bill will remove all restrictions.

Deirdre Costigan Portrait Deirdre Costigan
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Would the Minister agree that this Bill is about removing discrimination in elected office and not about inherited office?

Hamish Falconer Portrait Mr Falconer
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My hon. Friend is pithier than I am. Yes, this is about elected office. I will make a little progress, if right hon. and hon. Members do not mind.

Let me take you back to the reformation, Madam Deputy Speaker. As my hon. Friend the Member for Ealing Southall said, until the mid-19th century, there were considerably more restrictions on Catholics and Jews, including an effective prohibition on becoming a Member of Parliament. The Roman Catholic Relief Act 1829 and the Jews Relief Act 1858 removed many but not all of these legal barriers to Roman Catholic and Jewish participation in public life. This included permitting people of those faiths to become MPs and to serve in various civil and military offices, but the legislation retained certain exceptions, which this Bill seeks to address.

Under section 18 of the 1829 Act and section 4 of the 1858 Act, individuals professing the Catholic or Jewish faiths are restricted from giving advice to the sovereign in relation to Church appointments. The penalty for breaching these restrictions is being prevented from holding a civil or military office under the Crown, which includes serving as Prime Minister.

Until now there has never been a Prime Minister professing either the Roman Catholic or Jewish faith while in office. Following the appointment of my right hon. Friend the Member for Makerfield (Andy Burnham) as Prime Minister in July, these 19th-century legal restrictions are now having a practical effect for the first time. To ensure that Church appointments can continue smoothly, the Prime Minister has temporarily transferred his responsibilities for advising the sovereign on Church appointments to the Lord Chancellor. But it would not be right to continue these arrangements indefinitely. I am sure that the whole House will agree with me that, in the 21st century, one’s faith should not be a barrier to carrying out any of the duties of high office.

Removing these restrictions from the statute book is the right thing to do. Moreover, it is important to uphold one of our core constitutional principles that the Prime Minister is the sovereign’s principal adviser and should be able to advise on Church appointments just like his predecessors.

This Bill resolves a live, practical issue and removes an outdated restriction that has no place in our modern parliamentary democracy. With hon. Members’ support, I hope that it will not detain the House for long.

I understand that some Members might raise questions about why non-Anglican Prime Ministers or Ministers should be able to advise the sovereign on appointments to a Church whose faith or denomination they do not share. However, the Government firmly reject that view. The legal restrictions that we are seeking to repeal only apply to individuals professing the Roman Catholic or Jewish faiths. They do not apply to people of other faiths, other Christian denominations or no faith at all. That is why former Prime Ministers Rishi Sunak, a professed Hindu, and Sir Keir Starmer, a professed atheist, as well as many other non-Anglican Prime Ministers in the 20th century were able to advise the sovereign on Church appointments without risking disbarment from office.

While the Church of England is the established Church, one of our country’s great strengths is that it is made up of people of different faiths and backgrounds, who should all enjoy equal treatment under our laws. To suggest that a Minister must personally share the faith of the established Church in order to convey its advice would be to misunderstand the constitutional role of the Crown’s principal adviser.

As a modern parliamentary democracy and constitutional monarchy, the King is the Head of State and acts on the advice of his Ministers, who are accountable to the electorate and to this place. It is therefore right that the Prime Minister, regardless of his religious beliefs, is able to advise the King on Church appointments.

Danny Kruger Portrait Danny Kruger (East Wiltshire) (Reform)
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I support the principle of the Bill and obviously will not oppose it. May I ask the Minister to unpack the point he just made about the role of the Prime Minister in conveying the advice of the Church on appointments? That is exactly how it works at the moment. As the Minister said, the Prime Minister is the principal adviser to the sovereign, and ultimately it is the sovereign who has authority to make episcopal appointments. Does he agree that the Prime Minister has a function to play in the advice given to the sovereign, or does he think this is purely a procedural matter in which the Prime Minister is simply transmitting advice that he receives from the Church hierarchy?

Hamish Falconer Portrait Mr Falconer
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The point I was seeking to cover is that it is an important constitutional principle that the Prime Minister is the principal adviser to the sovereign, including in his role as the head of the established Church. Clearly, in practice—I think this is well known to the House—the Prime Minister does not take an active role in selecting members of the clergy, but that does not mean that it is wise to continue with this discrimination, in particular against Catholics and Jews.

Clause 1 makes provision to repeal sections 17 and 18 of the Roman Catholic Relief Act 1829 and to repeal the Jews Relief Act 1858 in its entirety, lifting all statutory restrictions on Ministers advising on or making Church appointments. Crucially, the Bill treats and removes restrictions on Roman Catholic and Jewish individuals in exactly the same way, ensuring complete parity and equal treatment between both faiths.

The clause also removes outdated restrictions on making Church appointments, referring to rights of patronage such as those held by the Lord Chancellor to directly nominate vicars to parish benefices. While those provisions have been partially repealed and are generally no longer of any practical effect, completely repealing them removes any lingering legal uncertainty.

Clause 2 sets out the UK-wide territorial extent and provides for commencement immediately on Royal Assent.

Members may recall that last year we passed a similar piece of legislation: the Church of Scotland (Lord High Commissioner) Act 2025. The Government’s approach is both principled and pragmatic. We address archaic, centuries-old statutory restrictions such as these as and when they have a live practical impact on public life. Last year, we acted to facilitate the historic appointment of Lady Angiolini—a practising Catholic—to the office of Lord High Commissioner to the General Assembly of the Church of Scotland. We are bringing forward this Bill now because these 19th-century provisions are having an impact on ministerial advice for the first time.

No doubt, there may be questions about whether we will need a third Bill to address further historical religious restrictions. Let me reassure hon. Members that, with the passage of this Bill, the job is complete. Following this legislation, I assure the House that there will be no remaining religious restrictions affecting Ministers and other individuals appointed by the Crown, and we are confident that no further such action will ever be required.

There we are: a short, simple and straightforward Bill. While it will take up only a few lines of our statute book, this legislation corrects an archaic historical wrong and ensures that our constitutional arrangements reflect a modern, equal society where no Prime Minister, regardless of his religious beliefs, is restricted from being able to advise the sovereign. I hope that the Bill will receive support from all sides. In that spirit, I commend it to the House.

Caroline Nokes Portrait Madam Deputy Speaker (Caroline Nokes)
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I will now announce the result of today’s deferred Divisions.

On the draft Railways (Interoperability in Northern Ireland) (Convention on International Carriage by Rail) (Amendment) Regulations 2026, the Ayes were 345 and the Noes were 108, so the Ayes have it.

On the draft Code of Practice on Access and Unfair Practices During the Recognition and Derecognition Process, the Ayes were 295 and the Noes were 111, so the Ayes have it.

On the draft Withdrawal Agreement (Windsor Framework and Governance) (Amendment) Regulations 2026, the Ayes were 345 and the Noes were 108, so the Ayes have it.

[The Division lists are published at the end of today’s debates.]

Before we move on, just a note to the Minister: I am sure that he meant to refer to the right hon. Member for Richmond and Northallerton. I call the shadow Minister.

15:45
Mike Wood Portrait Mike Wood (Kingswinford and South Staffordshire) (Con)
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Let me be clear from the outset that His Majesty’s official Opposition welcome the Government’s recognition that this anomaly needs correcting, and we will not oppose the Bill. We fully support the principle that no Prime Minister should be legally prevented from discharging all their constitutional duties because of their faith.

The restrictions in the Roman Catholic Relief Act 1829 and the Jews Relief Act 1858 are, as the Minister said, plainly outdated and have no place in a modern democratic society. The idea that someone should be prevented from exercising the full responsibilities of the office of Prime Minister simply because of their religious belief is clearly not fit for the 21st century. Indeed, it is remarkable that almost two centuries after those Acts were passed, provisions remain on our statute book that distinguish between those who are permitted to advise the sovereign on Church appointments and those who are not, purely on the grounds of their faith.

When one looks at the provisions that the Bill repeals, both their severity and their inconsistency are striking. The law as it stands prevents persons of the Roman Catholic and Jewish faiths from being involved, directly or indirectly, in advising the Crown on appointments in the Church of England or the Church of Scotland. Moreover, the punishments written into those laws are severe. Under the Roman Catholic Relief Act, a Catholic advising the sovereign on a Church appointment is

“deemed guilty of a high misdemeanor, and disabled for ever from holding any office, civil or military, under the Crown.”

The Jews Relief Act contains a similar threat.

As the existing laws discriminate against Jewish people and Roman Catholics only, they have created the glaring inconsistency that the Minister referred to: my right hon. Friend the Member for Richmond and Northallerton (Rishi Sunak), the former Prime Minister, a practising Hindu, and his successor Keir Starmer, an atheist, were not legally prevented from advising on Church of England appointments, as the current Prime Minister, who is a Catholic, has been. At a time when we rightly celebrate religious freedom, tolerance and equality before the law, it cannot be right that the holder of the highest political office in our country should face a legislative bar if they are Roman Catholic or Jewish.

Though we agree with the Prime Minister that these laws are an “archaic anomaly”, as shadow Minister I cannot let the occasion pass without a gentle reminder of the Government’s rather sudden conversion to treating the Bill as an urgent priority. On 5 March last year, the Lord Privy Seal wrote to Members of the other House, stating that the Government were considering how to address historical restrictions on Roman Catholics and Jews advising the Crown on appointments in the Anglican Church, but when asked about progress in parliamentary questions last autumn, the then Minister for the Cabinet Office, the right hon. Member for Torfaen (Nick Thomas-Symonds), said that though the Government would keep the matter under review,

“given other pressing issues, this is not a current priority.”

It is hard not to notice that removing this statutory bar remained “not a current priority” for the Cabinet Office right up until a Roman Catholic Prime Minister took office.

As my right hon. Friend the Member for Gainsborough (Sir Edward Leigh) observed last week, some people looking at the challenges facing the country today may well feel that there are more important things for the Government to do, although when he rose to make his point of order at the start of this debate, I wondered whether he was going to declare an interest—an ambition for No. 10 that might be affected by this legislation. However, the Bill is rightly before us today, and on this issue, as on any issue of constitutional change, it is important that the Government proceed with clarity and care.

In the interests of scrutinising the legislation constructively, could the Minister clarify three points for the House? First, can he confirm that the Bill is strictly and narrowly focused on removing these discriminatory restrictions, and that there are no unintended knock-on effects elsewhere in statute? Secondly, after becoming Prime Minister, the right hon. Member for Makerfield (Andy Burnham) transferred responsibility for Church appointments to the Lord Chancellor to ensure that such appointments could continue. Can the Minister confirm that this arrangement is temporary, and will remain in place only until this legislation has received Royal Assent and come into force? Thirdly, can the Minister reassure the House that this legislation will not alter the wider constitutional relationship between the Crown, the Government and the established Church?

Finally, while we support removing the statutory bar, we also believe that it is important to maintain sensible constitutional practice, so it is the Opposition’s clear recommendation that it would be sensible for Prime Ministers who do not consider themselves to be part of the congregation of the Church of England to delegate the active decision-making on appointments to others, as recent prime Ministers have done, while retaining their formal constitutional role in advising the monarch. His Majesty’s official Opposition look forward to scrutinising the Bill in Committee and in its later stages, but we will support its Second Reading.

15:51
Sam Carling Portrait Sam Carling (North West Cambridgeshire) (Lab)
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I first want to put on record my strong support for this Bill, which removes discriminatory provisions preventing people of the Roman Catholic or Jewish faith from advising the monarch on certain Crown appointments. The Bill is based on the rightful principle that everyone in society, regardless of what faith they follow, or of whether they follow a faith at all, should be treated equally in public life. It is unconscionable that anyone of a certain religion, be they Prime Minister or otherwise, should face legislation that gives them inferior treatment—or, on the flip side, preferential treatment—to those of different faiths, or of no faith at all.

Once we have accepted this principle, however, it is clear that there are other areas where work needs to be done to remove differences in treatment in our society based on religion, and I would welcome a broader Bill from the Government on these topics. Census data from 2011 and 2021 showed that we are now an exceptionally religiously diverse country, largely due to the rise in those who report having no religion—they are up 8.5 million to 22.5 million overall, or over a third of the population of England and Wales.

I am a secularist, and while I am not religious, many religious people are secularists, too. I believe that politicians with a faith should be free to speak from the perspective that that faith gives them, but that no faith should be privileged. This Bill firmly aligns with that secularist principle. In my view, the logic of the Bill forces us to ask some other questions about religion in public life. Why, for example, do we have guaranteed seats for clergy of a certain faith in the House of Lords? While I have no doubt that many of them are knowledgeable and dutiful in their work—and I know many personally—I do not believe that their religious position should warrant a seat in Parliament. I ask the House how that can be seen any differently from the discriminatory provisions that the Bill rightfully seeks to repeal.

That is not unlike certain other things that happen. In collective worship in state-funded schools, children may be forced into religious practices, such as class prayers or singing Christian hymns in the morning, regardless of their faith. That is a matter of law at present. The need to challenge religious discrimination in the public sphere is, I would argue, another subject that arises naturally once we accept the principles of the Bill, so I want to make a couple of brief points on that subject.

I want to make it clear that secularist principles are not opposed to religion in any way. I believe, as I am sure we all do, in the freedom to have whatever faith, or lack thereof, one might choose—in freedom of religion, but also freedom from religion. For that principle to be fully realised, however, we need a level playing field. This Bill is based on an idea, and I would welcome further discussion of what logically follows from that in public life as a whole.

Caroline Nokes Portrait Madam Deputy Speaker (Caroline Nokes)
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I call the Liberal Democrat spokesperson.

15:59
Lisa Smart Portrait Lisa Smart (Hazel Grove) (LD)
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Liberal Democrats have long advocated for modernisation and improvement across the Houses of Parliament. We continue to support legislation that modernises, and hope to see many more moves towards ensuring that Westminster is representative of the country as a whole.

For almost 200 years, the law has said that a Roman Catholic Minister, or later a Jewish Minister, may not advise the monarch on appointments in the Church of England or the Church of Scotland. Those restrictions never applied to people of other faiths or no faith at all. They were aimed squarely at two communities and are rooted in the anti-Catholicism and antisemitism of the age in which they were written. The Prime Minister has called this an “antiquated and archaic anomaly”, and of course he is right to do so. It cannot be acceptable in 2026 that someone who holds the confidence of this House should be barred from part of their job because of their faith. We are told that Church House is content with the change, and the National Secular Society has said that the ban is

“increasingly difficult to justify in a modern liberal democracy”.

It is rare to find that much agreement on a question involving Church and state, and the Government are right to make this change in the law.

Liberal Democrats believe in freedom of belief. Everyone should be able to practise their faith, or none, without fear of discrimination or state interference. That principle should apply at the very top of public life as much as anywhere else. Removing this bar sends a message that the highest offices in our country are open to people of every background. But I note that this is the very first Bill brought under this Prime Minister. It is a sensible fix to a problem he faces personally, but there are more widespread problems with how our democracy works—problems that affect every one of our constituents—and they still await action.

Take the other place. Liberal Democrats have long called for a House of Lords with a democratic mandate—

Caroline Nokes Portrait Madam Deputy Speaker (Caroline Nokes)
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Order. I urge the hon. Lady to stay within the scope of the Bill. The previous speaker, the hon. Member for North West Cambridgeshire (Sam Carling), escaped me leaping to my feet by carefully tying his comments to the provisions of the Bill; I trust she will do likewise.

Lisa Smart Portrait Lisa Smart
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I am always grateful to you, Madam Deputy Speaker, for guidance on what is in and out of scope, and I am always pleased when we are able to talk about modernisation, as this Bill does. I encourage the Government to go further, faster—an encouragement that the Liberal Democrats always give when they are on their feet talking about political and constitutional reform.

On prime ministerial advice and appointments, which I hope you will agree, Madam Deputy Speaker, is very much in scope, these appointments often ingrain patronage and reinforce elitism, which causes many people to lose faith in politics. We would encourage the Government to get to considering proposals such as the Burns report, which looked at cutting the House of Lords to 600 peers. We think the Government could do far more, but that is perhaps for another debate on another day. None of the changes that we Liberal Democrats would encourage, whether it is putting the ministerial code into law or ensuring a fairer voting system, are terribly complicated. All they do is restore trust in politics.

We support the Bill. Discrimination on grounds of faith has no place in our law, and I am glad to see the change come in today, but I hope the Minister will very much treat this as a starting point, rather than the limit of his ambitions for political and constitutional reform. If the Government are serious about modernising our institutions, they should go further, faster, and the Lib Dems will keep pressing them to do exactly that.

15:58
Jonathan Davies Portrait Jonathan Davies (Mid Derbyshire) (Lab)
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As an Anglican, there is a little bit of me that would always like to see an Anglican as Prime Minister, but I recognise that that is not always desirable or possible. In fact, despite the historical measures relating to Catholic emancipation that we have discussed today, of course Roman Catholicism never did go away. Catholics practised their faith in private, often in fear of their life. The secret of the success of the Church of England is that it is the original broad church. Even within the Anglican communion, there are people who hold a whole variety of views, and allowing our Prime Minister, a Roman Catholic, to perform his constitutional function of advising the monarchy is very much in keeping with that tradition.

A week last Sunday, I attended the High Sheriff’s legal service at Derby cathedral. It was for Dr Syed Yusuf Iftikhar, an NHS consultant who came from Pakistan and served for over 40 years in the NHS. It brought together people from different faith communities, and was led by the Dean of Derby, the Very Rev. Peter Robinson, but we had representatives from the Muslim, Sikh and Hindu faiths. That is the Church of England at its best, particularly at a time when we see division in our society. We have talked about antisemitism today, but recently we have unfortunately seen racist aspects to our political parties here. The Church of England has an excellent role to play in bringing communities together, and many of us will see that on Remembrance Sunday next month.

Danny Kruger Portrait Danny Kruger
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The hon. Gentleman is making an important speech. Does he agree with me that the value of this Bill is that it could strengthen the Church of England and reconnect it with the political community of which it is properly a part? Does he agree with me that, as I said when I intervened on the Minister, it is not right to leave the appointment of bishops purely to the bureaucrats at Church House and committees there, and that it is a proper subject for politics? We have heard the suggestion that this is a second-order priority, and I recognise that there are more pressing concerns for the country, but this stuff matters—Gladstone thought the most important part of his job as Prime Minister was appointing bishops. My concern about the debate so far is that the Bill has been interpreted as some great step of progressive modernisation that clearly ends with the exclusion of Christianity from political life altogether. Does he agree that what we actually we need to do is strengthen the role of the Church of England in the political community and remind the Prime Minister of this very important part of his or her job?

Jonathan Davies Portrait Jonathan Davies
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Yes, I agree with the hon. Gentleman that the Church of England is strengthened by bringing in more voices. It often does that already through the use of ecumenical canons in some cathedrals. The Bill is a step forward that will ensure that the Church brings in those perspectives, which will strengthen its hand in the future and bring our communities together in the way that it does so well.

I thank the Minister for bringing this legislation to the House. It is an important step forward. I wish the Prime Minister well—from an Anglican to a Catholic—as he takes forward the important constitutional role of advising the monarch on the future leaders of the Church of England.

16:00
Edward Leigh Portrait Sir Edward Leigh (Gainsborough) (Con)
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Before I begin my speech, I had better declare an interest, because I know it is not widely known that I am a Roman Catholic. I do not oppose the Bill. The discrimination that we suffered for centuries was absolutely horrible. It was not discrimination as we understand it in the modern world—my direct ancestor, the blessed Richard Leigh, was hung, drawn and quartered simply for denying that Elizabeth I should be the head of the Church in England. Obviously, I welcome anything that ends discrimination.

However, I hope the Minister will forgive me if I make a few points to try to find out why he is moving this Bill now. Obviously, it is because we have a Catholic Prime Minister, but as the Opposition spokesman said, there has been little enthusiasm for such legislation until now. If we are to have such a Bill, particularly when there are many other pressing matters, it should achieve something, but this Bill will change absolutely nothing.

Although in theory one name is pushed across the Prime Minister’s desk, when Gordon Brown was Prime Minister he effectively ended the veto. The last time the veto was exercised was by Tony Blair, shortly after the 1997 election when he objected to two candidates to be Bishop of Liverpool. John Major exercised his power on one occasion, I think. As hon. Members might expect, Mrs Thatcher viewed the process with immense enthusiasm and exercised her power rather more regularly. If we are to have a Bill, it has to achieve something, but frankly this power of the Prime Minister has fallen into abeyance.

That did not occur in the past. As we have heard, in the 19th century Prime Ministers viewed this part of their job as having great importance—we have heard about Gladstone—but it was worse than that. It was not that they were simply trying to appoint the best people to the job; they viewed their role as entirely political. Those of us who love Trollope will know the novel “Barchester Towers”. The central plot is that the Government change and the candidate—I forget now whether he was a Whig or a Tory—is promptly prevented from taking up a bishopric.

Viscount Palmerston packed the bishops’ Bench with low-church evangelicals. Given that there were 26 bishops in the House of Lords and therefore they had important political power, successive Prime Ministers deliberately packed the episcopal Bench with their appointments, which caused some upset. To heed the lessons of 19th century history—a fascinating subject—[Interruption.] Ah, I see the hon. Member for East Wiltshire (Danny Kruger) wishes to intervene.

Danny Kruger Portrait Danny Kruger
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I am sorry to jump up again, but I want to challenge the right hon. Gentleman. That was no doubt the case in the 19th century, but if he reads the brilliant book by Mark Vickers called “God In Number 10”, which is a history of 20th century Prime Ministers from Balfour to Blair, he will see that it is an opposite story. The book is a remarkable account of how very different Prime Ministers all took their responsibilities seriously, as the right hon. Gentleman said, right up to John Major. They honoured the fact that different dioceses had different traditions, and they tried to ensure that there was ecumenical balance in the Church of England. I do not think it is beyond a Prime Minister of any party to take their job seriously, think about the right balance of the Church of England and maintain the broad church. What we do not want bureaucrats in the Church of England appointing each other, which is what we have at the moment—that is why they are all left wing. Surely the right hon. Gentleman would acknowledge that we need a genuinely broad church that includes people from different political traditions.

Edward Leigh Portrait Sir Edward Leigh
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That is a very interesting point of view from our Reform colleague. It is interesting to think that at some future date the hon. Member for Clacton (Nigel Farage) might appoint bishops, but we will see—it may or may not happen.

Jonathan Davies Portrait Jonathan Davies
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I hope that we will be appointing Anglican bishops and not bishops of the Russian Orthodox Church if the hon. Member for Clacton (Nigel Farage) becomes Prime Minister.

Edward Leigh Portrait Sir Edward Leigh
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My wife is a member of the Russian Orthodox Church. [Laughter.]

The Oxford movement of the 1830s was established precisely because faithful Anglicans grew disturbed that a secularised, reformed Parliament that included non-Anglicans held absolute power over the doctrine and leadership of the Church of England. Indeed, the House of Commons historically had an enormous interest in the matter—there were huge debates in the 1920s over the nature of the prayer book, and these Benches were packed with people who were interested. What a pity that these wonderful debates do not attract similar attention. In his many reflections on the relationship between Church and state, Cardinal Newman, who was central to the Oxford movement during his time as an Anglican earlier in life, feared that the state would reduce the Church to nothing more than a Department of Government.

Jim Shannon Portrait Jim Shannon (Strangford) (DUP)
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We are now 200 years on from that time, and legislation is coming forward for Church appointments. Given what the House is trying to achieve through this Bill, we must reflect the changes in today’s society and its cultural and religious make-up. The fact is that the United Kingdom of Great Britain and Northern Ireland has changed greatly. That being the case, what the House is trying to achieve today is to be welcomed.

Edward Leigh Portrait Sir Edward Leigh
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We of course have to reflect changes in society.

I have made the point that this measure will make no practical difference, so I wonder why it is really necessary. My other point is that it would be extremely unwise and would dig up past controversies if any Catholic Prime Minister were to appoint an Anglican bishop. I hear what the hon. Member for East Wiltshire (Danny Kruger) says, but I do not think it makes sense for somebody who is an atheist, like Keir Starmer, or a Hindu or a Catholic to appoint an Anglican bishop. I just cannot see the logic in that. Frankly, the practice has been discontinued, and it will not happen again.

Jonathan Davies Portrait Jonathan Davies
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The important thing for the Father of the House to remember is that the Anglican Church is not like the Roman Catholic Church; we would not send a Protestant representative to the conclave to pick a pope. We are talking about the state Church of this country, which is answerable to Parliament, and the Prime Minister, as the most senior member of the Government, therefore has a role to play in advising the monarch. At the moment we have a situation in which a Hindu, such as the right hon. Member for Richmond and Northallerton (Rishi Sunak), could advise the monarch, but a Roman Catholic could not. That is why we need to move this legislation forward.

Edward Leigh Portrait Sir Edward Leigh
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By the way, I just want to make the point that I love the Anglican Church. I love the fact that we have an established Church. I think it is wonderful that in our country we proclaim the value of religion and that bishops sit in the House of Lords—although I have to say to most of them seem to spout rather woke rubbish most of the time.

Caroline Nokes Portrait Madam Deputy Speaker (Caroline Nokes)
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Order. I admire the right hon. Member enormously, but I might have to give him the same warning about staying in scope this afternoon.

Edward Leigh Portrait Sir Edward Leigh
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I think that—

Mike Kane Portrait Mike Kane (Wythenshawe and Sale East) (Lab)
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Will the Father of the House give way?

Mike Kane Portrait Mike Kane
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The poor Anglican bishops. The old joke is that they have only two good days in their whole career: their consecration day and their retirement day. The Father of the House mentioned one of the great converts to the Church of Rome in the 19th century, Cardinal Newman. We also had Cardinal Manning in the 19th century, whereas the 20th century produced for us Widdecombe and Gummer. I was wondering what his opinion of that was.

I think the whole House should join me in congratulating the Father of the House on becoming a knight of the Pontifical Equestrian Order of Saint Gregory the Great, effectively becoming a papal knight, which is a rarely bestowed honour. [Hon. Members: “Hear, hear.”] I think we are all very proud of him for that. As we gallop towards 200 years since Catholic emancipation in 1829, I note that there is no piece of artwork in this House dedicated to Daniel O’Connell and that campaign. Does the Father of the House agree that we should rectify that in the next three years?

Edward Leigh Portrait Sir Edward Leigh
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I am very grateful to my good friend, the hon. Member for Wythenshawe and Sale East (Mike Kane), for that intervention. Actually, I see him on my fridge every night, from when we were introduced to Benedict XVI—there we were in the row. Every time I open my fridge, I see the hon. Gentleman. He is an ornament of this House.

I am coming to the end of my speech, but I want to make one final point. I have asked whether it is actually wise for a Catholic, a Jew or a Hindu to appoint an Anglican bishop, or to have any say, but there is a wider debate about whether—although we believe in the established Church, and the Prime Minister in effect is not involved—there is any reason why the Prime Minister should be involved. I am afraid I have to tell the hon. Member for East Wiltshire that although I agree that in any other organisation, people rise through committees, it is all quite dull and there are safe options, the intrusion or lack of intrusion of the Prime Minister makes no difference. If we were going to have an entirely logical Bill, surely we would remove this power of the Prime Minister altogether—although it is never exercised, so the Bill is not going to achieve anything—and pass the role of final arbiter to the Archbishop of Canterbury, for instance. The hon. Member for East Wiltshire will not agree with me, but that would be entirely logical. I just do not see the logic in having a politician appoint the head of a Church nowadays, not that they ever do it. I apologise for my comments, but I hope that they give a different perspective on this Bill.

16:12
Martin Vickers Portrait Martin Vickers (Brigg and Immingham) (Con)
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It is a pleasure to follow the Father of the House, my right hon. Friend the Member for Gainsborough (Sir Edward Leigh), although I fear I might not be able to provide such an entertaining and historical perspective.

I had intended to speak in this debate as I thought I might be the only Anglican to do so, but the hon. Member for Mid Derbyshire (Jonathan Davies) has beaten me to it. As a member of the established Church, I—unlike my right hon. Friend—agree for once with Reform. I would actually like some political input into appointments to the bishops’ Bench and one or two other Church appointments. I would like to think that whoever we elect as Prime Minister, he or she would take a very serious view of making appointments to an institution that not only has a vast historical perspective, but plays a major part in education, for example. I cannot remember the number, but the Church of England has many schools in virtually every constituency up and down the country, and the bishops can often play a major part in that. [Interruption.] Madam Deputy Speaker, I see that you are reminding me to stay within the scope of the Bill.

Turning to the argument about the appointment of bishops, like the hon. Member for East Wiltshire (Danny Kruger), I think we should return to the system in which the Prime Minister is offered a choice, and the points I have made should be taken into consideration during that process. I know that my right hon. Friend the Father of the House loves the established Church. Indeed, when I was his constituency agent, I used to build in visits to choral evensong in Lincoln as often as I could.

Coming back to the substance of the Bill, I fully support the fact that a Prime Minister of whatever faith should have an input into senior appointments in the Church of England.

Caroline Nokes Portrait Madam Deputy Speaker (Caroline Nokes)
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I call the shadow Minister.

16:15
Ben Spencer Portrait Dr Ben Spencer (Runnymede and Weybridge) (Con)
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This has been one of the most interesting, wide-ranging and perhaps unexpected debates that I have had the pleasure to listen to in this House, with fascinating contributions from the hon. Members for North West Cambridgeshire (Sam Carling) and for Mid Derbyshire (Jonathan Davies), the Father of the House, my right hon. Friend the Member for Gainsborough (Sir Edward Leigh) and my hon. Friend the Member for Brigg and Immingham (Martin Vickers). I thank everyone for their contributions this afternoon.

As we conclude Second Reading, I am pleased to reaffirm our support from the Opposition Benches for the changes before us. The provisions that are being repealed go against our principles of religious freedom, tolerance and equality before the law. To single out Roman Catholics and Jews and prevent them from carrying out the responsibilities of public office solely because of their faith is not a distinction that has any place in modern Britain.

As a Roman Catholic, I find it extraordinary that such a restriction has remained on the statute book for so long, but this is not ultimately about any one faith; it is about the fundamental principle that a person’s religious beliefs should not prevent them from discharging the responsibilities of public office. As an Opposition, we are also clear that constitutional change, however sensible, should be approached carefully. We therefore welcome the narrow scope of the legislation and look forward to confirmation from the Minister regarding the preservation of the wider constitutional relationship between the Crown, the Government and the established Church.

There remains a sensible distinction between the Prime Minister retaining their formal constitutional responsibility for advising the sovereign and, where appropriate, delegating active involvement in the appointments process. That respects equality before the law and the particular constitutional position of the established Church.

We can respect the traditions and institutions that have shaped our country while ensuring that they are updated to remove discriminatory or outdated practices. Two hundred years ago, I would not have been permitted to enter this Chamber or to speak from this Dispatch Box. Progress towards equality has been made throughout our history, and I welcome this latest step. On behalf of His Majesty’s loyal Opposition, I am therefore pleased to support this Bill.

16:17
Mark Ferguson Portrait The Parliamentary Secretary, Cabinet Office (Mark Ferguson)
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It is a pleasure to close what has been a genuinely fascinating debate. I give thanks to hon. and right hon. Members from all parts of the House for their thoughtful contributions, in addition to their support for this worthwhile and historic piece of legislation. As we heard earlier from the Minister of State, my right hon. Friend the Member for Lincoln (Mr Falconer), this important Bill will facilitate the removal of an outdated 19th-century restriction. We have spent a lot of time today talking about history, and who does not enjoy a little conversation about history? I certainly do, and I know the Minister of State would agree. It is enjoyable to be involved in preparing for a debate where someone uses a phrase like “not since the reformation”. It reminds us of the scale and scope of what we do in this place, but we are here to talk about where we are in 2026.

This Bill ensures that any Prime Minister, regardless of their religious beliefs, can advise the sovereign on Church appointments. We have heard in this debate a number of views and contributions from Members across the House. I welcome support for this Bill from across the House, including from the official Opposition and the Liberal Democrats. Religious freedom and tolerance of faith before the law are crucial principles that we must uphold.

In response to why we are bringing forward this legislation at this time, when there are undoubtedly more important issues, I simply say two things: one, the Government are handling this in a pragmatic way, tackling minor constitutional issues as and when they arise. This is an obvious problem with an obvious solution. The legislation is pragmatic, quick and will not detain the House long, despite the enjoyable history lesson that we have had today. Secondly, I am a strong believer that we can walk and chew gum at the same time, and our ambition is a matter of public record: to rewire the state and to deliver the largest re-industrialisation of our nations and regions in at least a generation and the biggest redistribution of power our country has ever seen.

In response to the specific issues raised by the Members of the official Opposition, let me say that this is a narrowly focused Bill without knock-on consequences. The temporary arrangement in respect of the Lord Chancellor will be brought to an end once this Bill has been passed, and there are no wider constitutional changes. I am happy to give a firm commitment in that regard. This is not a wider constitutional change, and the existing arrangements between the Crown, the Government and the established Church will remain.

My hon. Friend the Member for North West Cambridgeshire (Sam Carling) talked about the wider role of religion in public life. It was an interesting contribution, but this is a tightly focused Bill which deals with this issue and this issue alone. My hon. Friend the Member for Mid Derbyshire (Jonathan Davies) also entertained the House, although I should say that I do not express a preference for any particular religion in No. 10, and I say that as a lapsed Methodist, if one can even be such a thing. I am very happy to have a Catholic Prime Minister, although once a Methodist always a Methodist—much like “once a Whip, always a Whip”.

The Father of the House, the right hon. Member for Gainsborough (Sir Edward Leigh), entertained us with a historical tour de force. I am afraid I do not have any historical forebears such as his to call upon, so I will simply say that it is right and proper that the senior adviser to the sovereign, the Prime Minister, should be able to advise the sovereign.

The hon. Member for Brigg and Immingham (Martin Vickers) talked about political input. That is not what we are talking about today, so in a sense we may differ on that point, but it was nonetheless a thoughtful contribution.

The debate has indicated that there is clear support for this legislation on both sides of the House. When I speak to my constituents, whether at Gateshead’s Jewish Kehilla or at Cardinal Hume Catholic School, I want the students there to know that they can play a full role in democratic life, where their faith is no barrier, and I know that that view is shared across the House. I look forward to hearing further from hon. Members during the remaining stages due to follow shortly, and I commend the 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 Appointments (Repeal of Discriminatory Provision) Bill

Committee of the whole House & 3rd reading
Wednesday 21st October 2026

(3 weeks, 1 day ago)

Commons Chamber
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Considered in Committee
[Caroline Nokes in the Chair]
Caroline Nokes Portrait The Second Deputy Chairman of Ways and Means (Caroline Nokes)
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Order. I remind Members that in Committee they should not address the Chair as Mr or Madam Deputy Speaker, but should use our names. Madam Chair, Chair and Madam Chairman are also acceptable.

Clause 1

Repeal of discriminatory provision concerning the making of appointments

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

Nusrat Ghani Portrait The Second Deputy Chairman)
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With this it will be convenient to consider clause 2 stand part.

16:22
Mark Ferguson Portrait The Parliamentary Secretary, Cabinet Office (Mark Ferguson)
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I hope that I will not detain the Committee for long in dealing with the two clauses.

Clause 1 is the only operative clause of the Bill. Its purpose is to remove the restrictions that prevent a person who professes either the Roman Catholic or Jewish faiths from advising the sovereign on Church appointments. It also removes parallel restrictions that prevent a person of those faiths from making Church appointments, when they have a right to do so by virtue of their office. Some office holders appointed by the sovereign, such as the Lord Chancellor, have the right to nominate someone directly to a benefice—for example, the right to nominate the local vicar of a parish. The sovereign has no involvement in those appointments. The clause achieves that by repealing sections 17 and 18 of the Roman Catholic Relief Act 1829 and the Jews Relief Act 1858 in their entirety. It also contains some consequential repeals of Church legislation that cross-referred to some of these provisions. Finally, the clause provides that once it comes into force, no person can be convicted under the provisions in section 18 of the 1829 Act or section 4 of the 1858 Act.

Clause 2 sets out the extent, commencement and short title of the Bill. The Bill extends to the whole United Kingdom, and applies UK-wide. It will come into force on Royal Assent, which will ensure that the Prime Minister can assume his constitutional duty to advise the sovereign on Church appointments without delay.

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

Caroline Nokes Portrait The Second Deputy Chairman
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I call the shadow Minister.

Mike Wood Portrait Mike Wood (Kingswinford and South Staffordshire) (Con)
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I rise briefly on behalf of His Majesty’s official Opposition to confirm our support for clause 1 standing part of the Bill. Clause 1 is the operative heart of this legislation and repeals the remaining provisions to which the Minister referred. In some ways, it feels rather fitting that the Committee is considering this clause on 21 October, Trafalgar Day, because although the nation rightly remembers Lord Nelson today, another great hero of the Napoleonic wars, the Duke of Wellington, who was Prime Minister, together with Sir Robert Peel in this House, drove Catholic emancipation on to the statute book through the Roman Catholic Relief Act 1829.

At the time, the Act was seen as a radically progressive measure. Indeed, such was the strength of feeling that Wellington was only able to overcome the fierce opposition of King George IV and peers in the House of Lords by threatening that his Tory Government would resign and warning the King and their lordships that the incoming Whig Administration would be immeasurably worse. As students of parliamentary history will know, the resulting split in Wellington’s party ushered in a decade and a half of Whig dominance. I am bound to say that I am rather pleased that there is considerably more cross-party consensus on today’s reform.

There is, however, an important historical lesson in how we view the statutes that clause 1 amends. Both the Roman Catholic Relief Act 1829 and the subsequent Jews Relief Act 1858 were seen in their own day as wildly progressive steps forward that tore down centuries-old barriers to public life. The restrictions they left behind on advising the sovereign on Church appointments were the political compromises of the 19th century, but nearly 200 years on, what was introduced as a 19th-century compromise is now an archaic anomaly and unacceptable discrimination.

Over the decades, Parliament has rightly repealed or amended many of the other restrictive measures originally contained in both the 1829 and 1858 Acts, and clause 1 simply finishes that long historical journey. By removing these final statutory prohibitions and their draconian penalties, it ensures that the legal bar on a Roman Catholic or Jewish Prime Minister fulfilling their constitutional duties by advising the monarch on Church appointments is similarly consigned to history. His Majesty’s Opposition therefore support clauses 1 and 2 standing part of this Bill.

Question put and agreed to.

Clause 1 accordingly ordered to stand part of the Bill.

Clause 2 ordered to stand part of the Bill.

Third Reading

King’s consent signified.

16:28
Hamish Falconer Portrait The Minister for Intergovernmental Relations and European Relations (Mr Hamish Falconer)
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I beg to move, That the Bill be now read the Third time.

I will keep my remarks brief. As we have heard, this Bill’s purpose is to lift archaic historical restrictions that prevent an individual of the Roman Catholic or Jewish faith from advising the sovereign on Church appointments, or from making Church appointments where their office gives them the right to directly nominate someone. The Bill will therefore ensure that the current Prime Minister and, indeed, any future Prime Minister who professes either the Roman Catholic or Jewish faith can perform their constitutional responsibility to advise the sovereign on these matters without risking disbarment from public office.

I give heartfelt thanks for the insightful contributions of hon. and right hon. Members, particularly the Father of the House and my constituency neighbour, the right hon. Member for Gainsborough (Sir Edward Leigh). I thank the Opposition for the spirit with which they have approached the Bill. As my hon. Friend the Member for Gateshead Central and Whickham (Mark Ferguson) acknowledged, today’s debates have featured some very thoughtful contributions about the development of our constitutional arrangements.

I am grateful for the support of hon. Members from across the House for the approach that we have taken. I know that the House will agree that although the Bill is modest, it is an important step forward in ensuring that our laws reflect our belief that a Prime Minister’s faith should not restrict their ability to undertake their role. I commend this Bill to the House.

Caroline Nokes Portrait Madam Deputy Speaker (Caroline Nokes)
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I call the shadow Minister.

16:30
Mike Wood Portrait Mike Wood
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As we reach Third Reading, I am pleased to again reaffirm our support for this measure, as we work to ensure that this particular anachronism will soon be consigned to history. Our constitutional arrangements are the product of centuries of history, and we on these Benches believe we should always approach changes to them with appropriate care. Our constitution has evolved considerably since the 19th century, reflecting the changing character of our country and the diversity of the people who serve it, and it is entirely reasonable that our laws should evolve with it.

Respect for our history does not require us to preserve every historical anomaly. There is a clear distinction between respecting our constitutional traditions and allowing outdated 19th-century restrictions to remain on the statute book simply because they have always been there. At the same time, the established Church occupies a distinctive place in our constitutional settlement, and the relationship between Church and state is one that has developed over centuries. In correcting the historical injustice, it is vital that we preserve both our established constitutional arrangement, and the independence and integrity of the Church appointments process.

In practical terms, when appointing bishops and archbishops, the Church of England presents a candidate to the Prime Minister, who then advises the monarch on who to install in that role. For nearly 20 years, the Prime Minister has not had much of a role in the selection of Church of England bishops, and Downing Street’s involvement in the process has become largely a formality. That is why, alongside supporting this Bill with the repeal of these discriminatory criminal provisions, His Majesty’s Opposition has suggested that the clear and respectful convention for the future, following recent precedent, should be that Prime Ministers who are not members of the Church of England should retain their formal constitutional role in advising the sovereign while continuing to delegate any active involvement in the decision-making process to others.

The ability to serve as Prime Minister and to exercise the full responsibilities of that office should depend on the confidence of this House and the ability of the individual concerned, not their religious belief. On that fundamental principle, the whole House can unite today, so we support the Third Reading of this Bill and wish it well as it proceeds to the other place.

Question put and agreed to.

Bill accordingly read the Third time and passed.

Church Appointments (Repeal of Discriminatory Provision) Bill

2nd reading
Tuesday 10th November 2026

(2 days, 23 hours ago)

Lords Chamber
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Second Reading
19:21
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)
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My Lords, it is a privilege to open today’s debate on this short, straightforward but important Bill, which comes to this House following its passage, with cross-party support, in the other place. The purpose of the Bill is simple: it removes historic legal barriers that prevent individuals who profess either the Roman Catholic or Jewish faiths advising the sovereign on certain Church appointments or making such appointments in their own right where their office gives them that function.

It would be helpful to look at the historical context, because I know this House has a deep appreciation for our constitutional history. To understand why the Bill is necessary, we must briefly look back at where it all began. Following the Reformation, it was widely believed that religious unity under the Church of England was essential for maintaining peace and security. As a result, a number of restrictions were imposed on worship outside the Church. Parliament only gradually removed these restrictions, as well as limits on the role of non-Anglicans in public life.

In the 19th century, Parliament passed the Roman Catholic Relief Act 1829 and the Jews Relief Act 1858, removing many of the long-standing restrictions on the participation of Catholic and Jewish people in public life. Those Acts were major steps forward to establish the rights and freedoms of Catholic and Jewish citizens. However, these Acts also retained certain restrictions on some of their rights and freedoms. Those are the provisions with which the Bill is concerned.

During the Bill’s passage in the other place, Members reflected on that longer history of emancipation and reform, invoking great figures such as Daniel O’Connell and recalling the constitutional importance that earlier generations attached to these questions. As William Gladstone recognised in his own efforts to dismantle remaining religious tests in public life later in the 19th century, maintaining statutory discrimination against specific faiths is incompatible with a modern, representative democracy.

Over the past two centuries, successive Parliaments have slowly but surely removed almost all the remaining restrictions imposed on the holders of political office as and when needed. I recall being a Member of the other place when, in 2001, Parliament removed the restriction on Catholic priests to sit and vote in the House of Commons. The late David Cairns then became an MP, having previously been a Catholic priest. Most recently, noble Lords will recall our debate last year, when Parliament passed legislation to ensure that Lady Elish Angiolini could become the first Roman Catholic to hold the office of Lord High Commissioner to the General Assembly of the Church of Scotland. I also confirmed in that debate that further legislation would follow, and a number of noble Lords, including the noble Lord, Lord True, the Leader of the Opposition, welcomed such small, focused Bills to address this issue.

The specific provisions restricting advice on Church appointments remained on the statute book not out of deliberate policy but simply because they had never been tested by reality. It may seem surprising, due to the diversity of our country, that until now we have never had a Prime Minister who professed the Catholic or Jewish faith. Nearly two centuries since those 19th century emancipation Acts were passed, the House is now asked to remove from the statute book provisions that discriminate between faiths in a way that cannot be justified today.

Under Section 18 of the 1829 Act and Section 4 of the 1858 Act, individuals professing the Roman Catholic or Jewish faiths are restricted from advising the sovereign in relation to certain Church appointments. Until this year, those provisions had not had a practical effect on the exercise of prime ministerial functions. Following the appointment in July of a Prime Minister who professes the Roman Catholic faith, they now do.

To ensure that Church appointments could continue without interruption, the Government have put in place temporary administrative arrangements so that the relevant responsibilities are currently exercised by the Lord Chancellor. However, it would not be right or proper to continue these interim arrangements indefinitely. In the 21st century, one’s religious beliefs should not be a barrier to carrying out the full constitutional responsibilities of political office. The Prime Minister is the sovereign’s principal adviser and must be able to advise on all matters.

I am particularly aware, looking to the Lords spiritual—I am pleased to see the right reverend Prelate the Bishop of Manchester in his place—that any legislation touching on the relationship between Church and state requires careful consideration. I therefore want to make it clear that this is a narrow Bill. It does not reopen wider questions about establishment, nor does it alter the constitutional relationship between the Crown, the Government and the Church of England.

The Bill proceeds instead from a simple proposition: that where the Prime Minister has a constitutional role in advising the sovereign, the law should not single out Roman Catholic and Jewish people alone and prevent them undertaking that role. That is especially clear when the law has never prevented Prime Ministers of other faiths, other Christian denominations or no faith providing such advice.

Questions were raised in the other place about the precise nature of the Prime Minister’s role in Church appointments, including the appropriate level of involvement. The Government’s position, as set out in response, is that although, in practice, the Prime Minister does not generally take an active role in selecting clergy, it remains an important constitutional principle that the Prime Minister, as the sovereign’s principal adviser, should be able to advise on these matters without discrimination on grounds of faith.

The Bill achieves this through two short clauses. Clause 1 repeals Sections 17 and 18 of the Roman Catholic Relief Act 1829 and repeals the Jews Relief Act 1858 in its entirety. In doing so, it removes the statutory restrictions on Ministers advising on or making Church appointments. It also removes outdated restrictions relating to rights of patronage exercised by officeholders such as the Lord Chancellor. Crucially, it removes the restrictions affecting Roman Catholics and Jews in the same way, ensuring parity and equal treatment. Clause 2 deals with the extent, commencement and short title. The Bill extends across the United Kingdom and will come into force on Royal Assent.

Finally, as I mentioned, last year we passed the Church of Scotland (Lord High Commissioner) Act to resolve a similar historical anomaly. With the passage of the Bill before us, I assure the House that the job is complete. There will be no remaining statutory religious restrictions affecting Ministers and other individuals appointed by the Crown, and we are entirely confident that no further action of this kind will be required.

This is a simple, straightforward and short Bill. Although it will take up only a few lines on our statute book, it will remove an outdated, archaic and unacceptable restriction. It will ensure that our constitutional arrangements reflect a modern, equal society where no Prime Minister, now or in the future, is restricted from advising the sovereign simply because of their faith. I hope the Bill will receive support from all sides of the House. I beg to move.

19:29
Baroness Bottomley of Nettlestone Portrait Baroness Bottomley of Nettlestone (Con)
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I am pleased to support the Bill and am especially pleased that it has the support of the Church of England, although I wait to hear from the right reverend Prelate—perhaps I will be corrected. Rightly, it has attracted support from across the political spectrum.

My involvement in the Church of England and its organisations has been various. In the 1990s, while the Prime Minister, John Major, handled the archbishop appointments, I was the Secretary of State handling the bishops’ and other appointments because the Home Secretary, Michael Howard—now my noble friend Lord Howard—was Jewish. I was brought in to handle those. Indeed, that included presenting my respected friend, the noble and right reverend Lord, Lord Chartres, to Queen Elizabeth on his appointment as Bishop of London. I was a lay canon at Guildford Cathedral for many years, when Victor Stock served as dean. In my executive search capacity, I have assisted with the selection of a great number of non-clerical roles for the Church of England. Before that, I was on the council of the Church of England Children’s Society.

I came to have enormous admiration for the Church and for the seriousness with which it approaches the selection of those who are to take on leadership roles. An ecclesiastical appointment is quite unlike most others. Of course, the qualities of leadership matter, but there is something more profound involved. A bishop is being entrusted with the spiritual life of a diocese, with the pastoral care of its people and with the responsibility of representing the Church in the wider community. I find the process of discerning who might best fulfil that calling unique.

I am a strong supporter of the Church of England and its established position. I believe its relationship with the Crown and with Parliament is a central part of our national life, and one which serves this country well. It is not the subject of our debate today, but I really do welcome the Lords spiritual—although I would like them to remove their white gowns. I think they would look more appropriate if they just wore purple; only the person presiding over Prayers needs to wear a white gown—the Bishops know my view on this.

The Church has a presence in communities where few other national institutions remain. Its schools educate children from every background—and extraordinarily well; all my grandchildren went to Church of England primary schools. Its clergy are often among the first people called upon when a community experiences tragedy. When there is some terrible train, football or other disaster, it is almost always the Anglican priest who is called as the community leader. The contribution the Church makes to our national life extends far beyond those who attend church on a Sunday, as we all witnessed so clearly yet again on Remembrance Sunday.

I want to see this position protected and I am reassured that the Bill does nothing to undermine it. The legislation before us addresses an extraordinary historical anomaly. As the Leader said, the Roman Catholic Relief Act 1829 and the Jews Relief Act 1858 were, in their time, important advances in religious freedom, yet both retained restrictions preventing Roman Catholics and Jewish people advising the sovereign on appointments to the established Church. The penalties attached to these provisions were severe, including permanent disqualification from holding office under the Crown. It is striking that such language remains part of our law nearly two centuries later.

There is an interesting Conservative history to this. It was the Duke of Wellington, working with Sir Robert Peel, who secured Catholic emancipation in 1829, despite enormous opposition. Neither man was naturally inclined towards radical constitutional change. They understood, however, that there comes a point when an established institution is served better by reform than by the preservation of an injustice. I think there is something in that for today’s debate.

The present position is plainly tough to defend. A Prime Minister who is Muslim, Hindu or of no religious faith may advise the sovereign on Church appointments, but a Prime Minister who is Roman Catholic or Jewish may not. We cannot defend that. Of course, this has become a practical issue under the present Prime Minister, who has had to make alternative arrangements for the discharge of this responsibility, in the same way that my noble friend Lord Howard did in my time. I cannot see any reason why someone should be prevented from carrying out a constitutional duty of their office simply because of their religious faith.

Let me spend a moment on the appointments process itself, because I suspect that this is where some of the concern about the Bill may arise. The relationship between the Prime Minister and the Church in these matters has changed significantly over the years. It was not always thus. Gladstone thought the most important part of his job as Prime Minister was appointing bishops. Palmerston packed the Bishops’ Benches with Low Church evangelicals. I am looking forward to my noble friend Lord True giving us some very interesting Trollope as background; I hope he has done his homework. More recently, Margaret Thatcher had distinct views on, and her favourites in, the Church of England. John Major was restrained in his interventions —this was the time when I was supporting the process of bishops’ appointments but not archbishops’. Tony Blair was the last PM to exercise the power of veto. Gordon Brown ended the veto, in effect.

In 2007, following agreement between the Government and the Church, the arrangements were revised so that the Church’s own selection process became decisive. The Crown Nominations Commission now identifies the preferred candidate for an archbishopric or diocesan bishopric. The Prime Minister’s responsibility is to advise the sovereign on the appointment. It is a constitutional function, rather than an opportunity for the Government to choose whom they would prefer—tempting though that might be.

Having been involved in these appointments, I recognise how much thought the Church gives to this question. It is a particular characteristic of the Church of England: its breadth, its involvement in the wider community. Many people find a home in the Church of England, despite often disagreeing and having profoundly different views and prejudices, almost.

I believe strongly that the Church of England must continue to lead in the appointment of its bishops. I was pleased to read the statement by the Church Commissioners confirming that the Bill will leave the arrangements agreed in 2007 entirely unaffected. The same process will apply whatever the religious beliefs of the Prime Minister. A Prime Minister who belongs to the Church of England has no greater personal discretion over the choice of candidate than one who belongs to another faith.

The Bill also leaves untouched the position of the sovereign as Supreme Governor of the Church of England. It does not affect the requirement that the sovereign be in communion with the Church and safeguards the position between Church and state.

I welcome the Bill. It removes discrimination. It is a great step forward and I add my support.

19:36
Lord Wallace of Saltaire Portrait Lord Wallace of Saltaire (LD)
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My Lords, I must add to the noble Baroness’s very interesting speech that Tony Blair, the last Prime Minister actively to be involved in the appointment of Church of England bishops, had a Roman Catholic adviser on faith, Francis Campbell, who later became the first Roman Catholic to be our representative at the Vatican.

The Bill reflects how far Britain has come from its historical anti-Catholic foundations. We still celebrate the Glorious Revolution of 1689 and its Bill of Rights, although we have forgotten the latter’s strongly anti-Catholic language, which states that

“it hath beene found by Experience that it is inconsistent with the Safety and Welfaire of this Protestant Kingdome to be governed by a Popish Prince or by any King or Queene marrying a Papist”.

We have also forgotten that Bonfire Night is an anti-Catholic festival.

As a Liberal, I rejoice that this country has in my lifetime become so much more tolerant of different approaches to faith or lack of faith. When I was a chorister at Westminster Abbey, we were all aware of political appointments within the Church of England, not only of bishops: one of our canons, it was whispered, had been appointed, controversially, by Ramsay MacDonald; and then of course there was the “Red Dean” of Canterbury.

I absorbed an instinctive suspicion of Roman Catholics from the children’s books I read; in particular, those of Charles Kingsley, an Anglican priest as well as a professor of history at Cambridge. The first Catholics I met, however, were the choristers of Westminster Cathedral when we played them at cricket.

In the past half-century, we have made great strides towards understanding and tolerance, not only among the different Christian denominations but towards other faiths. In 1953, the Cardinal Archbishop of Westminster preferred to watch the Coronation procession from a gallery outside Westminster Abbey, rather than directly witnessing this heretical ceremony. Fifty years later, his successor read the first lesson at a service commemorating the Coronation, with representatives of Britain’s other faiths sitting in the transept in front of him. Not long thereafter, the Pope himself visited the abbey, and one of those who welcomed him was the abbey’s first female canon.

Therefore, this short Bill marks another small step towards a more open and mutually tolerant national society. Our Prime Ministers are drawn from diverse backgrounds. The relationship between the Church of England and the state is a dynamic one, which changes as our society evolves.

My party has long been in favour of disestablishment and carried that through in Wales and Ireland. I remain an antidisestablishmentarian because, like the noble Baroness, Lady Bottomley, I see this as a national Church, involved in local communities and playing the role of a national Church in the most inclusive way that it can. It represents our Christian heritage and the values that that has embedded in our democratic life.

The relationship between politics, religion and identity is contested and complicated. As the noble Baroness, Lady Bottomley, said, Margaret Thatcher was shocked, as Prime Minister, that the Archbishop of Canterbury included a prayer for the Argentinian dead in the thanksgiving service after the Falklands War, and she later intervened to block bishops who might be as forgiving as him.

Danny Kruger, in the Commons debate on this Bill, condemned our current bishops as “left wing”, while Sir Edward Leigh accused them of spouting “woke rubbish”, but it is the responsibility of faith leaders to remind us of the values that underpin society, even when the message is uncomfortable. I first learned about political values, I think, from listening to sermons in Westminster Abbey on the social message of the Christian gospel. The current Pope, like his predecessor, reminds his flock and the political leaders whom he meets that the poor and the marginal deserve help and respect. I am sorry that some consider such a message left wing or woke.

We have not entirely lost the prejudices against outsiders and heretics that marked previous generations. Elements of antisemitism still drift around the edges of our society. Prejudices against Muslims have replaced prejudices against Catholics and Jews, and there are some politicians who are twisting the Christian faith to promote nationalist and racialist division in Britain, the United States and elsewhere. Happily, our Church of England is a broad church and works hard to be inclusive. I have sat next to the president of the Bradford Council for Mosques in Bradford Cathedral and I have listened to the choir of the Belsize Square Synagogue in Westminster Abbey at a service in which the noble Baroness, Lady Neuberger, gave the sermon.

Mutual tolerance and interfaith dialogue play an important part in holding our diverse national community together. This Bill takes us a step further in that direction by removing now archaic discrimination against Jewish and Catholic Prime Ministers. It leaves us with a set of arrangements for Church and state that are a bit eccentric and still rely on conventions and understandings to work successfully, but that is how our unwritten constitution is supposed to work.

19:42
Lord Birt Portrait Lord Birt (CB)
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My Lords, I fear I will strike a slightly different note. I welcome the Bill and particularly the use of the word “discriminatory” in its title, but I will take this opportunity to ask why we cannot go further and completely eliminate ancient, archaic religious discrimination or favour from every part of the UK’s constitutional settlement.

More than 200 years ago, in 1787, the newly independent United States embraced a constitution that affirmed that religious affiliation should never be a requirement of public office. More than 100 years ago, in 1905, our neighbour France separated church and state, and there is no religious barrier or privilege in the constitutional frameworks of Germany or Italy. Iran is the only country in the world, besides the UK, that embeds clerics of one religion in a position of political power. Half the members of Iran’s highest legislative body are clerics appointed by the Supreme Leader.

Bishops appointed by right to this House represent only one faith and only English dioceses. As we are all well aware, bishops from Scotland, Wales and Northern Ireland have no representation in our ranks. This is surely wholly inappropriate in a modern Britain of many faiths and no faith.

The most telling data about real religious conviction in the United Kingdom comes from Scotland, where humanist marriage, unlike in England, is legal and where couples of any faith and no faith can exercise real choice about where and how they marry. With that choice, nearly half of Scots choose a civil wedding, 30% choose a humanist wedding and only 5% opt for the Church of Scotland, which, of course, is part of the Anglican Communion. The final 20% of Scots marry according to other religious faiths.

Lord Birt Portrait Lord Birt (CB)
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I am sorry, but the right reverend Prelate is speaking after me. I ask him to say whatever he wants to say then, as I am making an argument.

There can be no case, in a country of many faiths and no faith, for a single English Church to be embedded in our Parliament, although I stress that clerics of distinction of any faith—I have encountered many in my life and, indeed, in this House—would always be welcome in this House as individuals of merit.

Finally, I am a strong believer in the monarchy as a unifying institution, representing and articulating our highest and most consensual values, but in modern Britain we should not maintain a requirement from the Bill of Rights 1689 that the monarch cannot be a Catholic but rather must be a Protestant and in communion with a Church from only one part of the United Kingdom.

All this is an unwelcome tangle, a legacy of a troubled and divisive past well captured in the Leader of the House’s opening remarks—a past spread over many centuries. Does the noble Baroness the Leader of the House agree that it is now time to consider how that legacy can be disentangled and to identify exactly how we can best secularise the British state and constitution?

19:47
Lord Bishop of Manchester Portrait The Lord Bishop of Manchester
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My Lords, whether or not my robes add to or, as the noble Baroness, Lady Bottomley, asserts, detract from my contribution to the debate, I am pleased to speak in support of the Bill. I hope that my words will not be deemed left wing or “woke rubbish”, whatever may have been said of bishops in another place, or archaic, as the noble Lord, Lord Birt, just averred. I can, however, assure the noble Lord that I am no ayatollah. As he would not give way a few moments ago, I also need to assure your Lordships’ House that the Church of Scotland is not part of the Anglican Communion. Indeed, it does not have bishops.

This is a modest but important Bill that brings our constitution to closer alignment with the values of modern Britain. The restriction preventing those who profess the Catholic or Jewish faiths from advising the crown on church appointments has its origins in a very different period. I and other Christians believe that God created humans equally and in his own image, each of us with inherent value and purpose. In a democracy, this is reflected in equal opportunity for participation in public and civic life—a right that must be defended regardless of faith or creed. The strength of our UK democracy is derived from the unique diversity of its participants.

As a Member of this House, it is my proud vocation to support the interests of thriving and vibrant communities right across the diocese of Manchester. Manchester is a place where people of all faiths and none come together to participate in community life. If our democracy and communities are to continue to thrive, there can be no justification for retaining the discriminatory provision that the Bill seeks to repeal. That is why I am so pleased to support it. Indeed, it is precisely these principles that it is the duty of the established Church to uphold—a duty that is facilitated all the more by the unique relationship with the state that it has had since Reformation days.

In practice, the appointments process for bishops will be unaffected by this Bill. The process is, as the noble Baroness, Lady Bottomley, assured us, led by the Church. Although the Prime Minister’s role in advising the sovereign is a constitutional duty, it does not, and has not now for quite some time, involve the exercise of personal choice between different candidates.

However, that does not mean that the Prime Minister and his office are out of the picture. Their interests, on behalf of the nation, are represented on the Crown Nominations Commission through the Prime Minister’s appointments secretary. This person, though a non-voting member, is fully involved in the wide-ranging consultations that take place ahead of a nomination, and is present and able to participate fully in the conversations that take place during the commission’s meetings. I have every confidence that Manchester will be much blessed over the coming months, as I head towards my retirement, by the involvement of the Prime Minister’s appointments secretary in helping the city of Manchester and its surrounds to identify the right person to be the next bishop for that diocese.

Considerable Downing Street involvement at that stage in the process is the proper route to ensuring that candidates can serve wider society at both diocesan and national level, while also serving the structures of the Church. I have been through these processes myself, 13 years ago. No process is perfect, but I think they are at least as robust as those by which Lords temporal arrive in your Lordships’ House.

Once a name has emerged, with that Downing Street involvement, the secretary will convey it, together with a detailed rationale for the nomination, to the Prime Minister. The PM then seeks the assent of the nominee, before concluding it by forwarding the nomination on to the Crown. Those final processes may be formal, but they remain important because they are an expression of the constitutional relationship between Church and state. They do not require the Prime Minister personally to espouse any faith. Indeed, they are neither strengthened nor weakened by the religious affiliations of the person who happens to hold that office on any particular day.

This establishment relationship is not designed for the Church of England to secure special privileges for itself. The established Church exists to serve people of all faiths and none; to create space for freedom and coexistence; to build bridges across diverse communities; and to encourage a mutual sense of responsibility to our neighbours, our communities and the wider world around us. I am not sure that that is what the ayatollahs in Iran do. In my diocese, I have chaired the Greater Manchester police ethics committee, a large housing association, the Manchester Homelessness Partnership, the GM faith and community leaders group and numerous other non-Church bodies. I will not even go into the things I have done at national Church level. My local church has worked to inspire social action, to foster belonging and to protect the free practice of all faiths in the UK.

Beyond the appointment of bishops, as we have heard, there are certain other ecclesiastical appointments, such as to Crown livings, that may belong, primarily by patronage, to the First Lord of the Treasury, the Lord Chancellor or some other government or parliamentary officeholder. In practice, Downing Street officers exercise those functions on a day-to-day basis and take an active part in the proceedings. I or any of my colleagues—my right reverend friend the Bishop of Norwich is here with me—would be glad to bore noble Lords in the bar on some other occasion if they have interest in that amount of detail, but I would argue that it does not present your Lordships with any matters of concern. It is through its relationship with the state that our established Church is uniquely empowered to fulfil this vocational service.

The repeal of this discriminatory provision will strengthen not only the important relationship between Church and state but the constitution itself, by better reflecting the principles of religious freedom and equal citizenship. I welcome the opportunity to support this Bill tonight.

19:53
Lord Moylan Portrait Lord Moylan (Con)
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My Lords, I do not wish to sound curmudgeonly or to cause any offence. I am speaking entirely personally, of course, and as a Roman Catholic. While I do not actively oppose the Bill to the point of wishing to table amendments to it in Committee, I am not entirely supportive of it either. The noble Baroness the Lord Privy Seal said that it was a narrow Bill and I propose to treat it narrowly and look at what it says, unlike some other noble Lords who have helpfully and illuminatingly spread their speeches across a broader canvas.

My first concern is to do with rushing constitutional legislation through Parliament. There is no need for this rush. We have had too much constitutional change over the last 30 years—too much of it ill considered and some of it rushed and not properly connected. A great deal of it should be reversed. Here we have another pattern of rushing ahead with a piece of constitutional change. I will come back to this question, but what is the reason for the rush? The Explanatory Notes say that it is because the Prime Minister is a Catholic. He is on the verge of exercising his constitutional duty and, if we do not pass this legislation, he will be precluded from exercising it.

So what change is the Bill going to make? We have already had it explained to us that, in effect, the Prime Minister acts as a postbox between a careful and cautious selection process carried out by the Church of England on the one hand and the monarch on the other. Is all that is going to happen that the postbox moves from one desk to another? If so, I ask myself, what is the import of the religious denomination of a postbox? It seems to me of no significance whatever. On the other hand, it is possible that there will be change. We have not explored this question because the arrangement reached with no public consultation—this is part of a pattern—by Gordon Brown that changed our constitutional arrangements on this matter is something that could be reversed. If it were to be reversed, I can see that the Prime Minister would be doing something where the denomination of the person doing it could have some significance. We have not quite been told: is there any intention to change current practice? If there is no intention, given that the function is essentially no more than a postbox, what is the rush?

No Catholic, as far as I am aware, has called for this change. This would be nowhere in the list of priorities that Catholics would like to see Parliament engage with, ideally on an urgent basis. Off the top of my head, there are about half a dozen things that I could think of, but one instance would be a greater level of support for our Catholic schools and their expansion. That would be highly appreciated by Catholics, since they suffer to some extent from a rather suspicious eye cast on them by a secular bureaucracy. That would be a priority for the Catholic Church, but this would be nowhere. No sensible Catholic would ever want to be involved in appointing Anglican bishops. I am not sure who would.

I say no Catholic would want to, but there is the possibility that there is one Catholic who has been asking for this to happen. The Prime Minister has said that he professes the Catholic faith. We do not entirely know how much he is personally the driver behind this Bill because, as the noble Baroness said, the process could easily be said to have been set in hand back in March 2025—it is part of a process. But then again, where is the urgency coming from in all of this?

I turn to what I think were the original intentions of those who made the legislation in the 19th century when they admitted Catholics to Parliament for the first time in a couple of hundred years—I will come to Jews later, if I may. Essentially, the Test Act that excluded Catholics was the post-Titus Oates one in the 1670s. Catholics could sit in Parliament until then. Then it was reversed in 1829, as has been recounted. I think the original intention was to try to ensure that, from that point, the monarch would still be advised by someone who was of the Anglican faith, or at least a Protestant Christian. Nobody at that time—it was a failure of the imagination, if you like—could conceive that there might ever be a Hindu or a Muslim Prime Minister. In 1829, Jews were still excluded from sitting in Parliament. In fact, atheists were also excluded until well into the 19th century and the Bradlaugh case. They were excluded by the oath because they could not take it, and the Charles Bradlaugh case changed that. In 1829, there was no prospect of an atheist Prime Minister any more than there was, in practice, of a Hindu or a Muslim Prime Minister. So the idea that you preserve the role of advising the monarch on Anglican appointments to an Anglican Prime Minister and adviser, or at the very least, a Protestant Christian, seems to me to be a sensible one.

The Bill, rather tendentiously, includes “Discriminatory” in the Short Title, but is it discriminatory? We discriminate all the time. It is bad and reprehensible discrimination if we exclude someone on grounds that are irrelevant, such as saying they cannot vote because of the colour of their skin, but is it really discriminatory to say that somebody advising on Anglican matters should be an Anglican? That seems pertinent to me.

None of my remarks relate, of course, to people of the Jewish faith, and I look forward to hearing my noble friend Lord Wolfson on that. However, I have some concerns, and I hope that some of my questions might be answered.

20:00
Lord Murphy of Torfaen Portrait Lord Murphy of Torfaen (Lab)
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I very much like listening to the noble Lord, Lord Moylan, but I cannot agree with him on this occasion. He says that no Catholics want this change—well, I am one who does, although I do not personally expect to benefit from it.

Some 24 years ago, Tony Blair appointed me to become Northern Ireland Secretary, and of course I was a Catholic then as I am a Catholic now. My predecessor, my noble friend Lord Reid, was the first Catholic Secretary of State for Northern Ireland. It had been the convention ever since the creation of that office that a Catholic should not occupy it, for obvious reasons, but the world had changed by 2002. In fact, when I was Secretary of State, the late Ian Paisley used to call me the Apostle Paul, and that would not have been said 30 years before—something much more robust would have been the nature of his commentary then on a Catholic Secretary of State.

I very much support this Bill, because 200 year-old Acts of Parliament really need to be repealed for the Catholic and Jewish communities in our country. When you look back on the religious faith of quite recent Prime Ministers, Harold Wilson was a Methodist; Jim Callaghan, despite his name, was a Baptist; Mrs Thatcher started out as a Methodist and became an Anglican, and, as we have heard, was very interested in appointing bishops; Rishi Sunak was a Hindu; and Keir Starmer was an atheist. However, all of them had the right to appoint Anglican bishops, even though none of them, perhaps with the exception of Mrs Thatcher, is likely to have taken it that seriously. Since 2007, quite rightly, it is for the Church of England itself to determine who should be the bishops and the archbishops.

When I discussed on many occasions these matters in the other place, I reminded my fellow Members of Parliament that I was a Welshman representing a Welsh constituency, where the Church is disestablished. I therefore excused myself from taking part in legislation, for example, on women priests, on the basis that, first, I was a Catholic and, secondly, I was a Welsh Catholic and the Church is disestablished. However, I made it absolutely clear down there, as I do in this place, that I believe that the presence of the Church of England Bishops in this Chamber is a good and right one. They bring great wisdom and compassion to this place, always contributing excellently to our debates. I am personally in favour of the continuance of the Bishops of the Church of England in the House of Lords.

I must say that it has taken too long for this legislation to emerge. It may be a little too quick for the noble Lord, Lord Moylan, but it is absolutely the right thing to do. I hope it goes through quickly and that perhaps, in years to come, any remaining archaic legislation shall be dealt with in a similar way.

20:04
Lord Wolfson of Tredegar Portrait Lord Wolfson of Tredegar (Con)
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My Lords, I welcome the opportunity to follow the noble Lord, Lord Murphy of Torfaen. I welcome this short Bill, but sometimes the shortest Bills close the longest chapters.

The Jews Relief Act 1858 was a landmark in the emancipation of British Jews. My own family came to Britain after its passage, settling in Tredegar, just up the road from the birthplace of the noble Lord, Lord Murphy, in the south Wales valleys, and, within a few generations, one of their descendants could sit in this House and serve as a Minister of the Crown. The Act therefore marked a decisive change in the relationship between the Jewish community and the state. It represented not merely toleration but the promise of equal participation in the public life of this country. That is a story about this country of which I am immensely proud, but Parliament had not quite finished the job.

Section IV of that Act still prohibits anyone “professing the Jewish Religion” from advising the sovereign “directly or indirectly” on certain Church appointments. The penalty for doing so, as my noble friend pointed out, is “a high Misdemeanor”. It carries permanent disqualification from any Crown office, both civil and military, and the prohibition is in very sweeping terms. It is not confined to a Prime Minister tendering advice to a sovereign; “directly or indirectly” would reach advisers and other Ministers involved in the process.

This is not merely a historical curiosity. When I served as a Minister at the Ministry of Justice, my responsibilities included the Crown dependencies. However, because I am Jewish, I could not advise the Crown on appointments of Anglican clergy in the Crown dependencies. I therefore have the unusual distinction of having been personally inconvenienced by an Act of Parliament passed in 1858. It is an odd experience to find that a provision enacted in the middle of the 19th century still has a practical bearing on the duties of a 21st-century Minister. That illustrates why the repeal of obsolete discrimination is more than a matter of tidying up the statute book.

The serious point is that discriminatory laws matter even when they are rarely invoked. The objection is not that this law is old; many old laws are actually good laws. It is that the law makes a person’s religion determine whether he may discharge the responsibilities of a secular office. The anomaly, as we have heard, is striking. A Muslim, Hindu, Sikh or atheist Prime Minister may advise, but a Jewish or Catholic Prime Minister cannot. Of course, Disraeli himself, our first Prime Minister of Jewish birth, escaped the strictures of this Act only because, as a child, he was converted to Anglicanism. As a matter of short interest—I do not have time to go into it—that was because his father had fallen out with the local synagogue. Some things do not change. It illustrates that the distinction was not only, so to speak, between Jews and Catholics and others; the distinction was even between somebody born Jewish but who later converted to Anglicanism and somebody who continued to profess the religion of his ancestors.

There is an important constitutional distinction as well. The Church is perfectly entitled to impose religious qualifications for religious office, but advising the sovereign is a constitutional responsibility of the Prime Minister, not a spiritual function, and the religion of the officeholder should not determine whether that responsibility may be discharged. There are respectable arguments to be had about the proper place of politicians in church appointments and about an established Church itself. Neither question is raised by this Bill and neither needs to be resolved this evening. The short point is this: so long as Parliament gives the function to the Prime Minister, it cannot sensibly make its exercise dependent on whether the Prime Minister is Jewish or Roman Catholic, or neither.

When the late Lord Sacks of blessed memory was Chief Rabbi, he was a notable defender of the established Church. He memorably compared the Church of England to the host at a cocktail party whose responsibility it is to make everyone else feel at home. The serious point is that he believed, as I do, that minority faiths are at home and flourish best not in a society which banishes religion from public life but in one which gives faith a recognised and respected place. For him and for me, the establishment of the Church of England is not a threat to religious minorities but is, in fact, a protection for them. He also argued that establishment could secure a place for religion in the public square for the benefit of faiths beyond the established Church, which is a very important point.

The provisions by which the 1858 Act achieved Jewish emancipation have all long since been superseded or repealed. The Promissory Oaths Act 1871 removed restrictions on Jews holding public office. The Patronage (Benefices) Measure 1986 repealed the earlier part of Section 4, concerning rights of presentation to ecclesiastical benefices. The point of the present Bill, therefore, is not to undo emancipation, but rather to remove the last discriminatory remnant of the legislation that helped to achieve it. I therefore have just one question for the noble Baroness the Lord Privy Seal, which might in fact be the easiest question I will ever ask her. The Bill repeals the Jews Relief Act 1858 in its entirety, as she said. I ask only, given the Act’s historical significance, will she therefore expressly confirm that its repeal removes no surviving right or protection enjoyed by Jewish citizens, but instead removes the last remaining disability imposed by that legislation?

The Jews who came to Tredegar, including my family, sought a country in which their religion would not determine the limits of their citizenship. The 1858 Act had been a great step towards fulfilling that promise, but Parliament had left the job unfinished. This Bill, nearly 170 years later, completes that job.

20:11
Lord Barber of Chittlehampton Portrait Lord Barber of Chittlehampton (Lab)
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My Lords, I speak warmly in favour of this historically significant Bill and follow some remarkable and distinguished speeches. I start with an aside. My noble friend the Lord Privy Seal and I have had a debate about the number of pages per Bill, which has grown remorselessly over the last 70 years. I am glad to congratulate her on introducing a Bill that will bring the average down.

As we have heard, we are amending the Roman Catholic Relief Act 1829 and the Jews Relief Act 1858. Both, at their time, were significant advances in toleration. Catholic emancipation, as we have also heard, had been a major theme of controversy going back decades, but every time proposals reached anywhere near this Chamber, they ran into the formidable barrier of that strong English Protestant identity going back to the Armada.

What changed in 1829 and ensured that the Roman Catholic Relief Act reached the statute book were two things. First, the great Daniel O’Connell, who they called the Liberator, had run a huge and peaceful campaign over the previous years among Catholics, largely in Ireland. He won a by-election in County Clare in 1828 on the issue of emancipation, but, under the existing laws, of course, was unable to take his seat in Parliament. Secondly, the Duke of Wellington, revered victor of Waterloo and, by 1829, the Prime Minister, feared civil war in Ireland unless the law changed. Such was his authority at the time, along with Peel’s, that he was able to turn a deeply held Tory opposition to change into reluctant support, so the Bill passed.

However, as Wellington said in introducing the Second Reading, he was committed to a Church of England monarchy, which in his view meant that the advice that the monarch received on Church matters needed to be from people who explicitly shared that faith—hence the sections of the Act we are repealing today. Even so, at the time, not everyone in this Chamber backed the Bill. The Bishops at the time were divided. Both Archbishops opposed the entire Bill because, as the Archbishop of Canterbury put it, it was their “duty” to protect the Protestant religion.

As soon as the Bill had passed, Daniel O’Connell, to his credit, began advising British Jews on how they might make similar progress. It took a while, but ultimately was far less controversial. Thus, today we are completing that process of Catholic and Jewish emancipation—surely a proud moment for all of us.

The passage of this Bill today would signify three ways in which our society has changed wholly for the better in the two centuries since 1829. First, the Church of England itself has changed radically. Not only is the Archbishop of Canterbury a woman—unimaginable to the Duke of Wellington—but throughout the institution, as we have heard, there is an openness to and inclusivity of diverse perspectives. In addition, since Faith in the City in 1985, and even as far back as William Temple, the Archbishop of Canterbury in the 1940s, the Church of England has become a regular advocate of social change. In my time working in the Blair Administration, working with the Church of England on the biggest expansion of Church of England provision of education for many years was a great privilege and pleasure.

The second change is that, in parallel, our whole society has also changed radically for the better. Over the decades, first of all, intolerance became tolerance, and then tolerance itself was replaced by an active commitment to diversity and inclusion, as in today’s Bill. We should be collectively proud of that and resist any signs of retreat from it. By the way, responding to the noble Lord, Lord Birt, with whom I had the privilege of working in past years, I would not swap what they have in the US, France, Germany or Italy for what we have here, for the relationship between the Church and state and for the diverse and inclusive society that, for all its faults, we have been able to build.

Thirdly, in passing this Bill, we can congratulate our current Prime Minister, Andy Burnham, on successfully defying his distinguished predecessor the Duke of Wellington. As Daniel Maclise’s epic painting in the Royal Gallery over there illustrates, not even Napoleon managed that. I like to imagine that, somewhere beyond his grave in Dublin, there is a gentle smile this evening on the lips of the Liberator, and I commend this Bill to the House.

20:16
Lord Purvis of Tweed Portrait Lord Purvis of Tweed (LD)
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My Lords, it is a pleasure to follow the noble Lord. We are debating what may become the first Act of Parliament under Prime Minister Burnham, which is perhaps appropriate given the personal nature of it.

This has been a characteristically interesting debate. I knew that it would be, given the speakers’ list. I enjoyed the curmudgeonly contribution from the noble Lord, Lord Moylan. I am a beneficiary of the Oaths Act 1888, which he referred to. However, I did reflect on the fact that he said it was a rushed measure, which the noble Lord, Lord Murphy, referred to. In my experience, criticism of change is often levelled by those most reluctant and resistant to it. They say it is not the right time or that it is rushed or premature—only to find out, after a little bit of research, that it was previously debated in 1869. In the debate we had not long ago on breaking the automatic right of someone with a peerage to sit in this House until they die, the criticism of haste was presented. I remarked that we had passed a resolution on this very aspect in 1910. Therefore, this Bill cannot by any reasonable measure be described as premature or rushed. It is appropriate. It is just 200 years out of date.

The noble Lord, Lord Wolfson, in his excellent contribution, was right to point out that, if discrimination is on the statute book, it still has an effect simply by being there, and we are rightly changing. The Leader of the House, in her excellent opening of this debate, said that we have been moving over time, slowly but surely. It was a bit more of the slowly than the surely. There was an excellent House of Commons briefing for the proceedings there. I liked a part of it which referred to a debate almost to the day a century ago. The House of Commons was debating Church of England legislation. George Lansbury said that the fact that

“a Jew, an infidel, a Turk, a Buddhist, a Christian Scientist, or a Theosophist may have the right to appoint these people when a Roman Catholic is not allowed this privilege … is perfectly absurd”.—[Official Report, Commons, 3/12/1926; col. 1575.]

That was 100 years ago. So, yes, we have been debating this for quite a while. He was right then. We are right now. Seeing the change is appropriate.

I live north of the border. I will not intervene on the previous discussion with regards to structure of the Kirk. However, for over 100 years, since the Church of Scotland Act 1921, we have had the spiritual, structural and organisational independence of the Kirk. I miss dearly my friend Lord Wallace of Tankerness, who found no distinction between his political, public and religious life as Moderator of the General Assembly. He to me was a model. We disagreed, because I am not spiritual, but I miss him deeply. I am sure that he will be turning in his grave when he hears what I am about to say with regard to disestablishmentarianism.

Interestingly, another of my predecessors as Liberal leader, Viscount Samuel, High Commissioner of Palestine, also was able to bring that public and religious combination together: a Jewish commissioner with a role in the appointment of the Grand Mufti and the Chief Rabbinate at that time. We can learn from history how there can be religious tolerance in organisations. However, fundamentally, I do not believe that faith should ever be the means by which we decide whether that person is fit to hold public office. The only reason why this Bill is needed now is that the Prime Minister of the day, whoever they are and whatever they believe, still plays a part in choosing bishops in the Church of England. It is establishment that creates the problem, not the discriminatory nature of the relief Act.

That is notwithstanding what my noble friend eloquently called his antidisestablishmentarianism. I have been waiting to say that word in Parliament, so I am glad to have the opportunity. His great sincerity highlighted the fact that there are some who believe that there should be establishment. I do not take that view. I believe that in our legislature there should not be reserved places for clerics. As the noble Lord, Lord Birt, said, we are anomalous in the world with regard to that. This is for another time, when it comes to the overall aspect.

Religion should always be an issue of private conscience and never a matter of public policy. I do not believe that the state is bound to profess a religion. Therefore, I do not believe that the political leader should advise on religious affairs, nor that clerics should have reserved places in a legislature. However, since we are not rushing that aspect, in the meantime this Bill needs to pass and we should remove this anomaly. The issue of the wider aspect is for another day, but I hope that day will come.

20:23
Lord True Portrait Lord True (Con)
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My Lords, I enjoy bonfire night and am sorry that it is being supplanted by an alien American festival. I have never seen it as anti-Catholic.

I thank the Lord Privy Seal for setting out the purposes of the Bill so clearly. I agreed with almost everything that she said. The purpose is simple. It removes a discriminatory bar which applied to Roman Catholics but not to Scottish Presbyterians such as Ramsay MacDonald and to Jews but not to English Hindus such as my right honourable friend Rishi Sunak. It retains a role for the Prime Minister as the sovereign’s principal advisor on matters relating to the established Church. How far that role should run has attracted different opinions in this very interesting short debate, but, from the point of view of His Majesty’s Opposition, that role is important and should remain.

We have noted that the Prime Minister, unlike Tony Blair, is an avowed Roman Catholic while in office. Boris Johnson was baptised as a Roman Catholic, but confirmed as an Anglican—no doubt to the great spiritual joy of his loving brother in faith, the right reverend Prelate the Bishop of Manchester. There are, then, fluidities in these matters, but they are relevant only because of the past anti-Catholic and anti-Jewish legislation. With the passage of this Bill, which we on this front Bench support, they will be relevant no more.

That said, I know that some outside the House, and perhaps here, take a different view. They ask, as my noble friend Lord Moylan did glancingly in a typically thought-provoking speech, why politicians who are of no faith or profess other faiths, such as our previous two Prime Ministers, should have a say in critical matters affecting preferment in the Church, but the Anglican Church has been the established Church for five centuries.

The question of the established Church is an issue, as we have heard, that is long dear to many in the Liberal and Liberal Democrat parties and to humanists. Indeed, one of the first uses of the Parliament Act by Asquith was to force the disestablishment of the Welsh Church in 1914. We heard this position adumbrated again, honestly, by the noble Lord, Lord Birt—even though he brooked no intervention on his argument—and the noble Lord, Lord Purvis of Tweed, in his elegant submission. I respectfully disagree with both of them.

There is a role for an established faith at the heart of the nation, as affirmed by the noble Lord, Lord Wallace of Saltaire, in a thoughtful and very á point—can I say that in the House of Lords?—speech. It was also cogently expressed by my noble friend Lord Wolfson of Tredegar, who told us not only that had he been a target of the legislation we are appealing but of Chief Rabbi Sacks’s strong view on the place of an established faith at the heart of the nation. That was a view shared by the noble Lord, Lord Murphy of Torfaen, from a different perspective in his speech. I agree with them.

However, with establishment comes a core constitutional role for the sovereign as the Supreme Governor of the Church. It is his Church and the bishops are his bishops, as we are all summoned here as his temporal barons. The sovereign’s principal adviser must have the lead constitutional role in advising the sovereign in relation to appointments that lead, potentially, to membership of this House. The leadership of the established Church matters and there is a wider public interest in that.

The role of the Prime Minister, as some have said, used to be wider, and I for one do not rule out that issue being re-examined. Perhaps I can be curmudgeonly for a second, but we should reflect on this. Since the restriction of the Prime Minister’s role by Gordon Brown in 2007, average Sunday attendance has declined by 41% and average weekly attendance by 39%, despite the welcome uptick since the pandemic. In any organisation suffering with humility such losses, there must be legitimate questions about leadership and how it is selected. Bishops, after all, are pastoral leaders. Three times it was said, “Feed my sheep”. Is the present system working to promote leaders who are as keen to nurture our parishes and as effective in increasing the army of the faithful as they are in construing the details of social security regulations?

Why is the present system, however worthy, as my noble friend Lady Bottomley so brilliantly explained, so cumbersome? Recently, the Times reported that there are currently 12 sees vacant, not counting suffragan bishops. Liverpool has been vacant since July 2025 and Bristol since September 2025, although there are interims. Guildford has been vacant since we were all so greatly saddened by the death of Bishop Andrew in March. The process of replacement is advertised to complete next summer. Consultation, as we have heard, is fine, but why must it be so long? Is that conducive to the public good and the good of the Church? Since Catholicism is in the air this evening, it is reasonable to point out that Pope Leo XIV was elected 17 days after the death of his predecessor.

I do not expect the noble Baroness to have the answer to this question this evening, although I would be grateful if she could place a note in the Library, as it is relevant to the question of the role of the Prime Minister. Can she tell the House how many of these delays in new appointments arise because appointments are being held up on a Prime Minister’s desk and how many from other aspects of the Church’s selection timetable?

Like others in the debate, I have strayed a little wider than the central simple point, which is removing discrimination and enabling the King’s principal adviser to act. I congratulate the noble Baroness on bringing forward this important piece of legislation. I support the objective she set out. I pray with confidence that Mr Burnham will exercise his role wisely. I ask others to give this short Bill a very fair wind.

20:30
Baroness Smith of Basildon Portrait Baroness Smith of Basildon (Lab)
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My Lords, it has been a genuine privilege to listen to this evening’s debate. It has been thoughtful and at times thought-provoking as well. I am grateful to all noble Lords for their contributions. I have to say that I was at one point reminded of Prime Minister Jim Hacker in the “Bishop’s Gambit” episode of “Yes, Prime Minister”, where he is given a choice of two candidates. One, he sees as a radical Marxist; the other he describes as an ultra-conservative member of the Church of England—a “rigid traditionalist”, I think he called him. He does not like either of them. Sir Humphrey runs rings around him trying to find a suitable alternative that is to the benefit of Sir Humphrey. I am sure that such a thing would never happen today.

It is an interesting perspective that this is of great interest to many people. It is no surprise that, as we have heard in this debate, Members of this House are interested in the historical perspective as well as the practical application. I am particularly grateful to the noble Lord, Lord Wolfson, for sharing his experience on this. It does address a live practical issue. I have to part company with the noble Lord, Lord Wolfson, in the same way as did the noble Lord, Lord Purvis, about the rush. When we look back at the previous legislation that amended both those Acts, of 1828 and 1858, I think “rushed” is probably not the adjective that most of us would use in those circumstances.

It is completely wrong for any Prime Minister, whatever faith they profess, to be stopped from fulfilling their full constitutional duty under the law because of their religion. That is something we cannot accept in any circumstances. We should never give a constitutional responsibility to any Minister or Prime Minister and then make that responsibility conditional or discriminatory. That is the basis of the legislation here.

We have heard many interesting recollections. The noble Baroness, Lady Bottomley of Nettlestone, told us about Robert Peel and the Duke of Wellington, who changed their minds and moved on this issue, splitting the Conservative Party of the time down the middle, with long consequences for future elections. The noble Lord, Lord Wallace of Saltaire, made some observations on religious discrimination, both generally and on how we face, for example, antisemitism in society. It would not reflect well on Parliament if we were to criticise that kind of discrimination yet fail to do something ourselves when we were able to do so. I am grateful for the comments that the noble Lord made on religious tolerance as well.

The views of the noble Lord, Lord Birt, are well recorded in the House on this issue. I would say to him that, although the separation of state is in the US constitution, when American Presidents are sworn in, they place their hand on the Bible and say at the end, “So help me, God”, even though they have the opportunity to affirm. I do not know whether other noble Lords have a similar recollection to myself, but it seems to me that American politicians are judged far more on issues of religion and are expected to engage with religion far more than elected politicians in the UK. Still, the noble Lord made his point and the House heard what he had to say. In the same way, the noble Lord, Lord Purvis, made the point about disestablishment of the Church of England. I do not agree with him, but both noble Lords shared their views in a respectful way.

I particularly welcomed the support of the right reverend Prelate. I welcomed the comments he made and thank him for his support. The noble Lord, Lord True, asked at the end about the reasons for delays in appointing bishops. That is a matter for the Church of England and its own process for appointments. I can assure the noble Lord that in no way has the Prime Minister failed to take up his responsibility or caused any delays. Those responsibilities have been fulfilled by the Lord Chancellor but, normally, from a political point of view, it would take a couple of weeks to make those decisions.

I am also grateful to the noble Lord, Lord Murphy, who will forever be known as the Apostle Paul, for pointing out the religious faiths of previous Prime Ministers. That is at the heart of this. Singling out those who are Jewish or Roman Catholic in a way that no other person of faith or no faith has been singled out is the issue we are trying to resolve.

The noble Lord, Lord Wolfson, asked me whether this was the last remaining discrimination in that legislation and whether it removes any relief. I know that lawyers never ask a question to which they do not know the answer, and I can confirm that the answer to his easy question to me is yes, that is the case, and he was right to ask that. I also thank the noble Lord, Lord Barber of Chittlehampton, for a thoughtful contribution. I am glad he raised the contribution of Daniel O’Connell. The noble Lord, Lord Moylan, also mentioned Charles Bradlaugh. My understanding of Charles Bradlaugh is that he did not profess any faith. He was an atheist and wanted to affirm: that is what caused the delay, in the same way as the oath of office affected Lionel de Rothschild, who got elected as the first Jewish Member but was not able to take his seat. That, again, was the matter of the oath.

These things take too long. It is a gradual process, but today we have completed a process in which everybody in this House can take pride, whatever their views on the wider issues. There is clear cross-party consensus. The noble Lord, Lord Moylan, is unhappy with the legislation, but I understand that he does not intend to propose any amendments. This is a Bill of two small clauses and I thank the noble Lord, Lord Barber, for his understanding of how it is possible to do short Bills that have a major impact. This has great symbolic significance. As a lot of people, including the noble Lords, Lord Wolfson and Lord Murphy, described, it matters to all of us, but particularly to those who are Jewish or Roman Catholic, that we should not have discriminatory legislation on our statute book. It does not disturb the current arrangements we have with the Church of England and with the Crown and it ensures that our statute book is fair. It allows Ministers of the Crown to discharge their full constitutional duties whatever religion they profess and ensures there is no discrimination.

I thank all noble Lords who have taken part. To have support from the noble Lord, Lord True, on the Conservative Front Bench, the noble Lord, Lord Purvis, and across the House, shows that we go forward on this largely united on an important piece of legislation.

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