Bishops in the House of Lords

Alex Burghart Excerpts

Thursday 6th July 2023 Westminster Hall

[Tommy Sheppard]

But there are plenty of occasions when it has happened, much to the chagrin of Members of the House of Lords who contributed to the Humanist Society’s report on the matter.

The final thing that I want to say about the way that the bishops operate is that the code of conduct in the House of Lords, and particularly its strictures on conflicts of interest, does not apply to the Lords Spiritual. In effect, it is accepted that they would not have a conflict of interest, or if they did, that it should be ignored. In effect, one Church—the Church of England—has 26 paid professional advocates, right at the heart of the constitutional arrangements of this country, who are there to protect and advance the interests of that institution. That gives the Church of England an unfair advantage in this democratic system.

In preparing for this debate, I looked at what happened in deep history, because the relationship between Church and state, and the history of bishops in the Lords, is very old. I read about a controversy in the time of Richard II, centuries before the country that I represent in this place was even part of governance arrangements. At that time, a majority of Members of the legislature were Church representatives. In fairness, no one would claim that was democratic, but a bunch of people took decisions, and the majority of them were representatives of the Church.

That changed with the dissolution of the monasteries, after which Church representatives became a minority in the upper Chamber, and in 1847 the number of bishops in the House of Lords was capped at 26. The situation has not been reviewed since. Some on the conservative side of the argument will say that the fact that the arrangement is so old is reason in itself to protect and not challenge it, but we are talking about our democratic constitution; it is not good enough to leave untouched and unreviewed an arrangement that is so obviously out of touch with our times.

The time is right for a review. We first need to identify the mores, attitudes and norms of the society in which we live and which our Parliament is meant to govern. Everyone will admit that they have changed remarkably, even in our lifetime. In the 1950s, one might have been able to describe England or Scotland as a Christian country, but that is no longer the case. In the last British social attitudes survey, 52% of the population identified themselves as non-religious, and a further 9% did not answer the question, so the number of people who identify as religious is getting towards a third of the population these days. Within that, only 12% of people say that they identify with the Church of England—and the Church says that only 1% of the population are active in the Church, in the sense of attending services and being part of it in any normal sense. Clearly, there is a great disjunction between the type of country we are and whether the Church should continue to have this privileged and separate representation at the heart of our constitution.

I am not saying—I repeat this point—that it is wrong for people of faith to be involved in our public life and public discourse, and to be representatives in Parliament. I am saying, however, that it is clearly wrong that one Church and one institution in our country has guaranteed and automatic representation at the heart of our governing arrangements. After all, we do not apply that to any other section of society. We do not say that university vice-chancellors, representatives of the royal colleges of medicine or any other part of society should appoint Members to the House of Lords, and we certainly do not say that any other Church or religious group should, so why is this anomaly allowed to persist?

In this debate, we will necessarily engage with the wider context, on two fronts. First, we will invariably get into a debate about the general role of Church and state, and whether the time has come to disestablish the Church of England and have a proper separation of powers, so that we have secular arrangements for our governance. Some time ago, there were plenty of examples of established Churches—indeed, the Anglican Church was established in many other countries—but over time disestablishment has taken place, and I submit that it has been to the benefit of both Church and state. Demonstrably, the state has continued to be there, without being subject to partisan interests, and the Church has been freed from the responsibility, and has been better able to play the role it should in debates taking place among the population: the role of our social and moral conscience.

We can point to no example of the disestablishment of a Church being anything other than beneficial. No one would consider going backwards to re-establish a Church that has been disestablished. That said, there are plenty of examples of established Churches that do not have privileged or guaranteed representation in the legislature. Again, the UK is exceptional in that regard. We need a wider debate about the role of the Church of England in our diverse, multi-ethnic, multi-religious, non-faith society, but that is not germane to the argument about representation in the House of Lords. We could remove the Church of England’s representation in the House of Lords without disestablishing the Church of England.

The other argument that we get into is the general question of Lords reform. I took part in a radio discussion on this issue this morning, and one caller asked why we were even talking about bishops in the House of Lords, because we should have been talking about having an unelected second Chamber. To some extent, I agree, but I think the bishops’ presence in the House of Lords is a good place to start, because in many ways it is a double affront to the notion of democracy. Not only are the bishops not elected by, or accountable to, the public; they are not even scrutinised and subject to the normal appointment mechanisms for the House of Lords. They are completely separate from that, so if we want to talk about the balance between elected and appointed representatives, and about the role of scrutiny and transparency, the bishops are the best place to start.

Lords reform has been talked about for so long—certainly for all the time I have been in Parliament, and for many decades. I think it was 113 years ago that the Labour party committed to the abolition of the House of Lords. I say that not to have a go; I simply point out that it has been an intractable debate for a very long period. It is useful to have this debate, and to see whether we can engage on the subject. An electoral contest in the United Kingdom is coming, and parties will have to frame propositions on this matter. I wait to be educated by the shadow spokesperson, the hon. Member for Nottingham North (Alex Norris), about His Majesty’s Opposition’s thinking with regard to the upper Chamber, but I note the report published by the Labour party at the end of last year, which talked about having a second Chamber. It did not say how the second Chamber would be elected or appointed, but it talked about a Chamber of the nations and regions of the United Kingdom. I think the presumption is that representatives would be elected in some way. Even within that model, however, there is simply no role or logical place for the Lords Spiritual, so on those grounds, they would have to go.

Hon. Members will hear from the SNP’s Front-Bench spokesperson, my hon. Friend the Member for Glasgow North (Patrick Grady), about our party’s thinking on this issue, but I should explain why I am engaged in this debate. Of course, my colleagues and I want Scotland to become a politically independent, self-governing country in these islands, and we want a much better, co-operative relationship between the national Governments of Britain. That is something we aspire to, and there is not really any conceivable place for the House of Lords in that arrangement. In many ways, there is a particularly Scottish aspect of this issue, because the bishops represent the Church of England; they do not even represent the Anglican community throughout these islands.

[The Parliamentary Secretary, Cabinet Office (Alex Burghart)]

I am grateful to the hon. Gentleman for giving way. He is making a very interesting speech. On a point of curiosity, if the worst were to happen and Scotland became independent, would there be an upper Chamber in its legislature? Is that in the SNP’s plans?

[Tommy Sheppard]

That would be a matter for the people of Scotland. My party’s proposal is that if we had consent to move forward and become an independent country, a modern, democratic constitution would be written. We would spell out the rights of each citizen and the process of government. That would be when to debate whether it was necessary to have a bicameral Parliament, or whether a single legislative Chamber would suffice. I note that part of the argument in this place is that we need an upper Chamber because the House of Commons makes so many mistakes. That seems an argument for reform of the House of Commons, rather than justification for an unelected Chamber.

There is a particular attitude in Scotland; people look at the House of Lords, and at the role of the Lords Spiritual within it, and see this very much as another country. They see this as part of the rationale for doing something different, and moving forward to become an independent country.

I will wind up in a moment because I want others to have a chance to contribute, but I want to say that we need to continue this debate. It is very much overdue in this place, and I know that the public are with us on that. I gave some figures about how many people identify as non-religious. When we ask people whether the Church of England should have automatic and guaranteed representation in Parliament, we find that the majorities against that arrangement are phenomenal: 68%, including a majority of Conservative voters, say that it cannot and should not continue.

This is a debate whose time has come. We should make time for it in the main Chamber as we go through to the end of the year, in a time slot that I hope—with all respect to the Backbench Business Committee—will allow more colleagues to participate and engage in the discussion. This is something that gives our democracy a bad name, and it does not do any favours for the Church of England.

I will finish by repeating this point: it is so important that people of faith are engaged in public life. I say that as a humanist and an atheist, but I respect everyone’s right to practise their religion and to have their own belief system. I want to see a pluralist, tolerant society where everyone is respected, so, of course, I want people and faith leaders such as bishops to be involved in our public discourse. I agree with many of their statements and arguments and the way in which many of the bishops vote on many topics of the day. I am not saying in any sense that they should be excluded from our parliamentary system, but they should be there on the same basis as every other citizen. They should be subject to the same rules as everyone else. At the end of the day, surely that is what democracy means: everyone is treated fairly and everyone has the ability to hold others to account.

I commend this discussion to the House and I look forward to it continuing as the months go by. Perhaps we will actually see the framing of some policy on this matter, with will feed into the political debate at the election, and we may even see some change. Or perhaps Scotland will become an independent country first—I do not know.

--- Later in debate ---

[Alex Norris (Nottingham North) (Lab/Co-op)]

It is a pleasure to see you in the Chair, Mr Davies, and to contribute to this debate on behalf of the Opposition. I congratulate the hon. Member for Edinburgh East (Tommy Sheppard) on securing the debate and on the vigour with which he pressed his case. I agree with what he said at the outset: there is a high degree of interest in the issue. Thursdays are a tricky day to get colleagues to participate in this place, but in general there is a high degree of interest in this, in the wider issue relating to the House of Lords, and in the even wider issue relating to our constitution. That speaks to his point about having a constitution that has evolved slowly. There is a beauty in this place and its conventions and norms, but when that is tried—and, boy, has it been tried over the past decade—it sometimes starts to be flimsy and a bit weak. It is right that we discuss these issues, and the hon. Member made a good start.

There has been a range of interesting contributions from all sides. I agree with the hon. Member for South West Bedfordshire (Andrew Selous) that faith remains a hugely significant part of British life. Last month, my community was really tested when the awful Nottingham attacks happened and, boy, did we lean on our faith community. The right reverend Bishop Paul Williams was a huge support for our community and for its Members of Parliament. We should recognise the anchors and fixed points in the lives we lead, but it is reasonable and—I would argue—necessary to discuss the place of that in a democracy, and particularly in a legislature.

My hon. Friend the Member for Bermondsey and Old Southwark (Neil Coyle), with characteristic impudence, made a point that I will return to on a number of occasions. I believe the role of the second Chamber is much more important than the constitution of its membership.

I cannot quite agree with what the hon. Member for West Dorset (Chris Loder) said. It is right we have the debate about whether the Lords Spiritual should be in the House. However, the moment we choose to have people in a political legislature, in which every question can be put to a Division if we so wish, they will take views. Asking people to be in a political environment but not be political worked for the Law Lords before we moved to a Supreme Court, because they had to not prejudge case law, but I do not think that that reads across here. We should expect people to take views. If we did not wish them to, that would be an argument for not having them here at all.

That links to what the hon. Member for West Dunbartonshire (Martin Docherty-Hughes) said. I understand the frustration. He raised a number of debates and even Divisions that might have gone another way without the bishops, just as they might have without any 26 Members. Again, however, I would argue that that is a debate about constitution. If we put those people in that place, they should choose their moments to speak and vote as they wish, and should exercise their judgment in that. I suspect that that is what happened in those cases.

To make a couple of points of my own, as we have heard, there are 26 bishops of the Church of England in the other place, sitting as Lords Spiritual, which is about 3% of the membership of the other place. They have a wide role—a wider role, I would argue, than I do as an individual. They provide spiritual and pastoral support to Members, including reading Prayers at the start of each sitting day, and like other Members they offer their perspectives on the various matters before Parliament, asking questions, speaking in debates, serving on Committees and scrutinising legislation.

There have been times in the debate when there has perhaps been a suggestion that the bishops are an homogeneous group. However, they represent a diversity of opinion within the church and a range of political views, and they have the independence to bring different perspectives to the work they do, informed by their faith and their local, national and international connections. Again, whether or not we choose to have them as part of our legislature in the future, we should recognise the contribution the bishops make to Parliament and thank them for their service. As I say, for us in Nottingham, that has been particularly important in recent weeks.

The other place does a hugely important job. I cannot agree with the point from the hon. Member for Edinburgh East that, in some way, the case for a second Chamber is that we make so many mistakes in this Chamber and, therefore, that the actual issue is us being better. I would say, and I would hope—well, I believe this extends to everybody: I am a human being and I make mistakes all the time. In fact, I have just misspoken in this contribution, and I will make other such mistakes throughout the day. Who knows what they will be?

It is right that we have checks and balances in our democracy that will either curb the worst instincts of politicians or give us the chance to think again. That is a very important thing, and that model is, of course, popular around the world. I think the other place provides exceptionally important scrutiny and balance to the work that we do and enriches the quality of debate.

I also believe that it is possible to strongly hold that view, as I do, but also to recognise the case for reform and to understand that the other place has ballooned in size, as mentioned by the hon. Member for South West Bedforsh—Bedfordshire—another mistake from me there, Mr Davies. It has 777 Members, and I would argue that it is not sustainable at that size. Having a larger unelected Chamber than elected Chamber—a larger upper House than lower House—is, I believe, unique among bicameral Parliaments.

The next Government, whoever and whenever that might be, will have to grasp this issue. It is about the second Chamber, but it is also about maintaining, developing and sustaining public confidence in our democracy in general, and that is part of my quibble with this debate.

[Alex Burghart]

I hope the hon. Gentleman will forgive me—I may be pre-empting what he is about to say—but what is the Labour party’s position on bishops in the House of Lords?

[Alex Norris]

Well, the hon. Gentleman has not yet given me the chance to finish. I tempted him into a flourishing drive, and my slip cordon is, I suspect, better than the one the England team is operating today.

My major quibble with this debate is that we should not be pulling out a single element—in this case, a cohort of 3%—and making a single analysis of its merits or otherwise. It must be a fuller debate about the entire Chamber. However, that in itself is a smaller part of a wider conversation about our entire democracy. What are we seeking to do at what level? That is, at the national, regional, local, and parish and town council level. That cannot just be a debate among politicians; we have to let the public in.

I know that the Minister is well briefed enough to know where the Labour party stands on this matter at the moment: we have argued for a smaller second Chamber, and we have argued that we should use that as an opportunity to better recognise and involve all our nations and regions in our democracy. However, we are on a journey to the next general election; we have an important democratic staging post coming among our political parties. The Minister will see the full platform when he is ready for the general election, and I say to him gently that it can be any day he wants.

[Alex Burghart]

Will the hon. Gentleman give way?

[Alex Norris]

By all means—keep going.

--- Later in debate ---

[Alex Burghart]

The hon. Gentleman is very generous to give way again. It is interesting to hear him talk about a big debate on the future of the constitution and about the involvement of everyone. If his party was to present plans for a reformed upper Chamber, would it be prepared to put those to a referendum of the people of this country?

[Alex Norris]

The hon. Gentleman tempts me to read the future. I am afraid that I will disappoint him. We have not finished our process of policymaking. The Government are hiding from the public—it seems like they intend to do that for a long time, and we understand why—but if the hon. Gentleman wishes for a quicker answer, he can give the public what they want, which is their chance to have their say on his Government.

Another issue that is hugely important for what we can do now and today—I hope to hear a little from the Minister on it—is that we know that our communities want greater power and control over their lives. A very important and significant degree of consensus has emerged across the political parties, and across the Chambers, over greater regional devolution. At the moment, we have an asymmetric settlement whereby some are in and some are out, and I hope to hear from the Minister his desire to improve and to move at a quicker pace on that. I depart from the hon. Member for Glasgow North (Patrick Grady), the Front Bencher for the Scottish nationalists, in that it is not my goal to hoard power in this place so that I might one day get a chance to sit where the Minister does and get all those nice levers to pull. That is not my desire in politics at all. I am here for devolution. I am here because I want to put the tools and resources into my community so that local leaders can shape our economy, shape our place and make it somewhere where everybody has access to the best opportunities.

--- Later in debate ---

[The Parliamentary Secretary, Cabinet Office (Alex Burghart)]

It is a pleasure to speak under your chairmanship, Mr Davies. I congratulate the hon. Member for Edinburgh East (Tommy Sheppard) both on initiating the debate and on the manner in which he spoke, which was non-partisan and direct to his point. Despite what I will say in the debate, I have the greatest respect for the humanists in the United Kingdom. I respect their values and the work they do. I know that there are members of the hon. Gentleman’s APPG on both sides of the House, because this is an issue that cuts across party lines, as we have seen this afternoon.

The hon. Gentleman was right in saying that we ought to be having these constitutional debates. We ought to have them in every generation. We have had them in many generations, certainly over the past 400 years. In Cromwell’s day, the bishops were removed from the House of Lords, to be brought back under the Restoration 20 years later. In the 1840s, there was a groundswell of movement to disestablish the Church of England; that then faded away. Gladstone started off as an ardent supporter of the established Church, only to change his position 20 years later, based on what he had seen in Ireland. In around 1929, the Church of England itself toyed with the idea of disestablishment, in response to the Houses of Parliament having voted down its Book of Common Prayer, which Parliament deemed to be too Catholic in its tastes. Therefore, this is a debate that we have had over and over again, and it is right that we should return to it, because nothing in the British constitutional system is automatically eternal. The case has to be made again and again for the way in which we do things. And, over time, things have changed.

[Mr Virendra Sharma in the Chair]

The hon. Gentleman referred to the pre-democratic feudal past, from which the Church emerged. Indeed it did. The Church in his country, his nation—Scotland—and in mine is older than the kingdom of Scotland; it is older than the kingdom of England. There were priests and churches before there was a king of all Scotland or a king of all England. I urge him not to be totally down on the pre-democratic feudal past. It was that past that also gave us Parliaments, law, the jury system, currency, local government and many other things. Not everything that emerges from that time is inherently bad—I used to be a teacher of medieval history.

The question that we are addressing is, how strong is the case for change? I was particularly drawn to the point made by my hon. Friend the Member for South West Bedfordshire (Andrew Selous) about priorities. I will disappoint the hon. Member for Edinburgh East when I say that I have not come to Westminster Hall to announce that it is Government policy to disestablish the Church of England. The hon. Member will recognise that, although some people feel very strongly about this subject, their numbers are quite small, the challenges the country faces are very great and the time before the next general election is increasingly short. So this issue is not something the Government will be engaging in—certainly not in this Parliament.

The hon. Member for Edinburgh East rather cheekily raised the parallel with Iran. I say “cheekily” because, although I would share his concerns if the Archbishop of Canterbury controlled the BBC, the courts, the military and the selection of MPs, that is not the case in the United Kingdom.

[Martin Docherty-Hughes]

I will ask the same question that I asked the spokesperson for the official Opposition. The 23 bishops of the Anglican Church sitting in the upper House have no moral or theological authority in Scotland, Northern Ireland or, indeed, Wales. Does the Minister think they should participate in legislation that impacts those three nations of the Union?

[Alex Burghart]

I thank the hon. Gentleman for the point, which he has made several times in the debate. The truth is that we remain the United Kingdom of Great Britain and Northern Ireland. It remains the case that we have, on certain issues, a Westminster Parliament, which has an upper and a lower House. Members of the upper House are entitled to vote, just as, I might add, Members of the SNP are entitled to vote on certain issues that affect only England, and I have observed them so doing on a number of occasions. I know that the hon. Gentleman wishes not to recognise the Parliament of the United Kingdom of Great Britain and Northern Ireland. However, the people of his country chose otherwise in a once-in-a-generation referendum.

While we are on the subject, I have heard the hon. Member for Glasgow North (Patrick Grady) say a couple of times that the SNP will have nothing to do with the unelected House of Lords. That is the SNP’s prerogative, and the SNP is entitled to take that position, but I do think there is something rather sad about it, because the people of Scotland chose to stay in the United Kingdom, and the House of Lords remains part of the constitution of this kingdom. The SNP has deliberately chosen not to represent its views in the upper House, and that is unfortunate; it is a narrow view that is depriving SNP voters in Scotland of a say in the upper Chamber.

[Neil Coyle]

Does the Minister’s sadness on that issue extend to those who seek to gag Church leaders from speaking about immigration? I am unaware of a nativity story that includes an innkeeper telling Mary and Joseph to take their donkey to Rwanda.

[Alex Burghart]

The hon. Gentleman specialises in jokes of poor taste. The Government certainly do not seek to gag bishops in any way. I take the view that I think he takes, which is that Members of the House of Lords should be free to talk about any issue that comes before them—even when I disagree with them. Obviously, my hon. Friend the Member for West Dorset (Chris Loder) takes a different view on that. I think it is important that people who sit in the Lords can speak their minds on any issue that comes before that House.

The hon. Member for Edinburgh East raised points about how there was special pleading for the bishops in the Lords in one or two areas on privileges. As my hon. Friend the Member for South West Bedfordshire pointed out, while there is a custom and a convention, these are not rules. Indeed, the customs and conventions are often more honoured in the breach than the observance.

The hon. Member for Edinburgh East mentioned party blocs. Again, what he said is not quite the case. Bishops are not consulted as a party bloc on new legislation before it is tabled, they are not recognised by officials as a party grouping and nor do they get a separate meeting with the Bill makers. That argument does not quite work.

On the code of conduct, although it is true that there is a slightly different code of conduct for bishops, that is also the case for Ministers of the Crown and Members who are employees of non-departmental public bodies. I do not quite follow the hon. Gentleman’s arguments there.

The hon. Gentleman talked, quite rightly, about how the social mores of society have changed, and they have. The position of the bishops has also changed over time. The arguments he will hear bishops advocate today are very different from those he would have heard 50 or 100 years ago. Do bishops today reflect society? I think the hon. Gentleman said 14% of people in the United Kingdom are Anglicans. Only 3% of the Members of the House of Lords are Anglican bishops. If one wanted to go down that route—I am not encouraging anyone to so do—one would say that the Anglicans were under-represented.

I know that the point the hon. Gentleman was actually making was a serious one about the ex officio status of Members of the House of Lords. Going forward, that is fertile ground for discussion, and I thought we were in the foothills of that serious discussion. However, the hon. Member for Glasgow North chose to make this a bigger debate about the House of Lords in totality, and he and I have had that debate a couple of times.

I was trying to tease out SNP Members’ position on an upper Chamber, should they get independence. I think I got three different answers. The hon. Member for Edinburgh East said that that will be decided as and when; the hon. Member for Glasgow North said we should abolish the upper House; and the hon. Member for West Dunbartonshire said he would like to see an elected upper Chamber—

[Martin Docherty-Hughes]

Here.

[Alex Burghart]

The hon. Member for West Dunbartonshire says from a sedentary position that he would like to see an elected upper Chamber here. Let us address that point. From the Conservative party’s perspective, the problem with an elected upper Chamber is that all the experience that people bring to the House of Lords—people who do not wish to be part of a political group and who have perhaps come to a stage in their career where they do not want to stand for election—would be lost. That would be a terrible shame, very much to the detriment of democracy in this country. A challenging and revising Chamber needs to be a Chamber of all the talents. The best way to get that is by having the system we currently have and making sure that people who would ordinarily not find their way into an elected House can have a stake and a place in our democracy.

Mr Sharma, I think the hon. Member for Edinburgh East would like to say a few words to sum up, so I will sit down.