Church Appointments (Repeal of Discriminatory Provision) Bill

Debate between Deirdre Costigan and Hamish Falconer

2nd reading
Wednesday 21st October 2026 Commons Chamber

[The Minister for Intergovernmental Relations and European Relations (Mr Hamish Falconer)]

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 (Ealing Southall) (Lab)]

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?

[Mr Falconer]

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.

[Mr Falconer]

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]

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

[Mr Falconer]

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.

Kashmir: Increasing Tension

Debate between Deirdre Costigan and Hamish Falconer

Tuesday 29th April 2025 Commons Chamber

[Mr Falconer]

As I said, we are seeking to play our full diplomatic role to help manage the heightened tensions between India and Pakistan, and the concerns of the region. It is vital that all of us in positions of influence at a community level here in the UK do everything we can to ensure that those tensions do not play out on British streets.

[Deirdre Costigan (Ealing Southall) (Lab)]

Many of my constituents have contacted me in the past few days to register their horror at the appalling terror attack in Kashmir. I join the Minister in condemning it unequivocally. Will he confirm that the UK stands firm against terror in any form? Will he further confirm what steps the Government are taking to support our long history of community cohesion in the diverse constituencies of this country, such as Ealing Southall?