Church of Scotland (Lord High Commissioner) Bill

Patricia Ferguson Excerpts

2nd reading
Tuesday 4th March 2025 Commons Chamber

[Patricia Ferguson (Glasgow West) (Lab)]

The fact that in 2025 we can say that no Roman Catholic has ever held the post of Lord High Commissioner seems slightly absurd. There are, of course, other positions in this nation that a Catholic has never occupied and, as matters stand, can never occupy. It is good that we can break down one of those barriers today and reflect the extremely friendly relationship between the Catholic Church in Scotland and the Church of Scotland—and indeed, through the interfaith council, the Church’s relationship with other faiths, too. The change is also a mark of the high regard in which people of good will hold Lady Elish Angiolini, and of the many qualities that make her a fitting representative of His Majesty.

As we have heard, by convention, the sovereign is not normally present at the General Assembly, as he or she is technically an ordinary member of the Church, not its supreme governor, as he or she is in England. Traditionally, the Lord High Commissioner represents the sovereign, and is an observer appointed under the royal prerogative, so, as we know, there is no need for parliamentary approval of the appointment, or for legislation. As the Lord High Commissioner is a representative to the General Assembly, rather than part of the assembly, it is not necessary for them to be a member of the Church of Scotland, or indeed of any other church. However, the legislation that we are considering is necessary because the holder of the office cannot currently be a Roman Catholic.

The Scottish Claim of Right Act 1689 set out restrictions on Catholics being appointed to public office. Paragraph 19 states:

“That by the law of this Kingdome no papist can be King or Queen of this realme nor bear any office whatsomever therin”.

Those are harsh words, if I may say so. The Roman Catholic Relief Act 1829 was the culmination of a long process, working towards giving Catholics relief from the many restrictions imposed on them in Great Britain and Ireland prior to the Union of 1801. However, although that Act retained some restrictions on Catholics, most of which have since been repealed, some significant ones remain. That is what we wish to amend today.

As the Law Society of Scotland has suggested, it is unfortunate that the Bill cannot also be amended to remove the reference to the Lord High Chancellor from the Roman Catholic Relief Act 1829, so that the 1829 Act can be brought into conformity with the Lord Chancellor (Tenure of Office and Discharge of Ecclesiastical Functions) Act 1974.

There is clearly a long history surrounding the appointment, with the first Lord High Commissioner having been appointed in 1580. In the intervening five centuries, significant people have held the post, including a number of former colleagues of mine, and of the hon. Member for Berwickshire, Roxburgh and Selkirk (John Lamont), and including Lord James Douglas Hamilton, Lord Wallace, Lord Steel and George Reid. Colleagues might have spotted that they have something in common: they were all men. It was not until 1970 that the late Peggy Herbison, a former MP, was appointed the first female Lord High Commissioner. We then had to wait another 24 years, until the appointment of Lady Fraser, for the second. Since then, the Princess Royal has held the post twice, and it would be good to think that, following Lady Elish’s appointment, we might see woman appointed more regularly.

The appointment is expected to be made, we are told, on the basis of the merit and contribution to society of the appointee, and Lady Elish certainly qualifies on both counts. I should declare an interest: I have known Lady Elish since we were both teenagers and members of our respective schools’ debating societies. She was very much better than I was, and even then, it was clear that she was destined for a very significant future. I also served in Government with her when she was appointed by First Minister Jack McConnell as the first female Solicitor General. Elish went on to become the first female Lord Advocate. She held both positions with distinction and was highly regarded during her time in office. Since then, she has served in a number of legal posts, and is currently the principal of St Hugh’s College, Oxford, and Pro-Vice-Chancellor of the University of Oxford. She is also the first woman to hold the position of Lord Clerk of Scotland, another first for a woman. Significantly, she chaired the public inquiry into the abduction, rape and murder of Sarah Everard. We can safely say that Lady Elish is an outstanding candidate for the post of Lord High Commissioner.

As I mentioned in opening, it is regrettable that in 2025 we still have such laws on the statute book, but ironically the relationship between the two Churches is in very good heart. The signing of the St Margaret’s declaration in 2022 by the Moderator and Archbishop Cushley, the representative of the Catholic bishops conference, seeks to build on the common heritage of the two denominations in the Christian tradition. It recognises that divisions are still present, but seeks to mend those divisions and to focus on what the Churches have in common. With the passing of the Bill today and the appointment of Lady Elish to the post of Lord High Commissioner, we take another welcome step on the journey to ecumenicalism.