The UK government has introduced legislation to revoke laws that historically barred Roman Catholic or Jewish prime ministers from participating in the selection process for Church of England appointments. Prime Minister Andy Burnham, who is Catholic, initiated the bill, stating that the existing statutes are "unacceptable."
Under current procedures, the Church presents a candidate for bishop or archbishop to the prime minister, who then advises the monarch on the appointment. While this role has largely become a formality in recent years, specific laws from the 19th century continue to prohibit Roman Catholics and Jews from this responsibility.
Earlier this month, Burnham transferred the duty of advising the King on Church appointments to the Lord Chancellor, citing the legislative barrier as a reason. "It is unacceptable for there to be a legislative bar against people of any faith performing all the functions of my office," he stated.
The relevant laws include the Roman Catholic Relief Act of 1829 and the Jews Relief Act of 1858. These acts, which were introduced to reduce some restrictions on Catholics and Jews in public life, including the ability to become Members of Parliament, still stipulate that prime ministers of these faiths cannot be involved in Church appointments.
According to the Roman Catholic Relief Act, a Catholic advising the sovereign on a Church appointment would be "deemed guilty of a high misdemeanour, and disabled for ever from holding any office, civil or military, under the Crown." Similar penalties are outlined in the law pertaining to Jews.
These discriminatory laws have remained in effect because, until now, they have had no practical impact, as no Catholic or Jewish prime minister had held the office since their enactment. While Benjamin Disraeli, who served as prime minister in the late 1800s, was born into a Jewish family, his father had him baptized into the Church of England. Former Prime Minister Tony Blair, a Roman Catholic, converted after leaving office.
The existing laws only specifically target Jews and Catholics. This meant that former Prime Ministers Rishi Sunak, a Hindu, and Sir Keir Starmer, an atheist, were not subject to the same restrictions regarding Church of England appointments.
For nearly two decades, the prime minister's direct role in selecting Church of England bishops has diminished. In 2007, Gordon Brown's government decided that the Church would present a single candidate to the prime minister, who would then forward the nomination to the monarch. Some prime ministers, such as Margaret Thatcher, had a more interventionist approach, at times pushing back against nominated candidates.
Although these archaic laws also technically apply to the Church of Scotland, the appointment of elders and ministers within that denomination no longer involves external input. The newly introduced bill aims to remove these discriminatory statutes, ensuring that this aspect of the prime minister's role can be fulfilled by individuals of any religious belief. The bill requires approval from both the House of Commons and the House of Lords to become law.