Bishops in the House of Lords

Debate between Alex Burghart and Martin Docherty-Hughes

Thursday 6th July 2023 Westminster Hall

[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.

[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.