Church Appointments (Repeal of Discriminatory Provision) Bill Debate

Full Debate: Read Full Debate
Department: Cabinet Office

Church Appointments (Repeal of Discriminatory Provision) Bill

Mike Wood Excerpts
Caroline Nokes Portrait The Second Deputy Chairman
- Hansard - - - Excerpts

I call the shadow Minister.

Mike Wood Portrait Mike Wood (Kingswinford and South Staffordshire) (Con)
- Hansard - -

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Over the decades, Parliament has rightly repealed or amended many of the other restrictive measures originally contained in both the 1829 and 1858 Acts, and clause 1 simply finishes that long historical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.

--- Later in debate ---
Mike Wood Portrait Mike Wood
- Hansard - -

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.