Church of Scotland (Lord High Commissioner) Bill

Brendan O'Hara Excerpts

2nd reading
Tuesday 4th March 2025 Commons Chamber

[Brendan O’Hara (Argyll, Bute and South Lochaber) (SNP)]

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

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

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

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

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

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

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

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

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

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

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

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