Prime Minister Andy Burnham has pledged to repeal an "archaic" law that prevents Catholic holders of his office from participating in the appointment of Church of England bishops. The Roman Catholic Relief Act of 1829, enacted following historical tensions between the British monarchy and the Catholic Church, prohibits individuals of Catholic faith from advising the monarch on top Church posts, including the Archbishop of Canterbury. This constitutional challenge has arisen due to Burnham's status as the first openly Catholic Prime Minister.
Under the existing law, any individual violating this provision is "deemed guilty of a high misdemeanour, and disabled for ever from holding any office." Similar restrictions apply to Jewish individuals through a separate 1858 law.
In a written statement to Parliament, Burnham confirmed that he has delegated his responsibilities concerning these appointments to the Lord Chancellor, Alex Norris. He announced his intention to introduce legislation to amend this "antiquated and archaic anomaly," stating it is "unacceptable for there to be a legislative bar against people of any faith performing all the functions of my office."
The Prime Minister's role in selecting bishops is largely symbolic. Candidates are interviewed and chosen by a Church committee, with the monarch's and Prime Minister's approval sought only after a candidate has been selected and accepted the post. The King is represented in this process by the ecclesiastical secretary to the Crown and the Lord Chancellor.
Stephen Evans, chief executive of the National Secular Society, welcomed the announcement but advocated for broader reform. He stated that the existence of such anomalies highlights the entanglement between the state and the Church of England, calling for a clear separation of church and state in a modern democracy.