Prime Minister Andy Burnham has announced his intention to repeal an "archaic" law that prohibits Catholics from participating in the appointment of Church of England bishops. Burnham, who is the first openly Catholic to serve as Prime Minister, has stated that the law is an unacceptable legislative barrier for individuals of any faith performing all functions of his office.

The Roman Catholic Relief Act of 1829 currently bars Catholics from advising the monarch on appointments to senior positions within the Church of England, including the Archbishop of Canterbury. The law stipulates that any individual violating this provision shall be considered guilty of a high misdemeanor and permanently disqualified from holding office.

Similar restrictions based on an 1858 law apply to individuals of Jewish faith. The historical roots of these laws trace back to centuries of religious tension following Henry VIII's break from the Roman Catholic Church. The Bill of Rights, enacted in 1689 after the Glorious Revolution, barred monarchs from being Catholic, a provision that remains in effect.

In a written statement to Parliament, Burnham confirmed that he has delegated his duties related to these appointments to the Lord Chancellor, Alex Norris. However, he emphasized his commitment to rectifying this "antiquated and archaic anomaly" by introducing a bill to amend the law at the earliest opportunity.

The Prime Minister's role in religious appointments is largely ceremonial. Candidates are typically interviewed and selected by a Church committee, with the monarch's approval, advised by the Prime Minister and the Lord Chancellor, sought only after a candidate has accepted the post. The King is represented in the selection process by the ecclesiastical secretary to the Crown and the Lord Chancellor.

Prime Ministers are usually responsible for advising the monarch on who should get the top posts in the Church, including the Archbishop of Canterbury.

Stephen Evans, chief executive of the National Secular Society, welcomed Burnham's announcement but advocated for a broader reform. He stated that such anomalies persist due to the ongoing entanglement of the government with the Church of England and called for a clear separation of church and state in modern democracy, asserting that the state should have no role in appointing bishops.

Prime Minister Andy Burnham's status as the first openly Catholic incumbent of Downing Street has raised constitutional challenges over his role advising the King.