The UK government is introducing legislation to repeal a 19th-century law that prevents Catholic and Jewish prime ministers from advising on Church of England appointments. The Church Appointments (Repeal of Discriminatory Provision) Bill, presented to Parliament today, aims to remove what is described as an 'archaic' provision.
This marks the first bill introduced by Prime Minister Andy Burnham's government. As a Catholic, Mr. Burnham is currently barred from advising the King on senior appointments within the Church of England due to the Roman Catholic Relief Act of 1829. This act states that violating this law constitutes a 'high misdemeanor' and results in permanent disqualification from holding office.
The proposed bill seeks to eliminate this restriction, as well as a similar one affecting Jewish prime ministers. The government stated that the bill is intended to "modernize the law to enable the PM, and any future Jewish or Roman Catholic PM to carry out the complete functions of their office."
In the interim, Mr. Burnham has delegated responsibility for advising on Church of England appointments to Alex Norris, the Lord Chancellor, to ensure the process continues uninterrupted. Until recently, these 19th-century restrictions had no practical impact, as there had not been a Catholic or Jewish prime minister in office. The restrictions do not apply to individuals of other faiths or no religious affiliation.
Mr. Burnham became the first prime minister to openly identify as Catholic upon entering Downing Street in July. This constitutional issue previously arose during the premiership of Boris Johnson, who, despite being baptized Catholic as an infant, was confirmed into the Church of England and later married in a Catholic ceremony. At the time of his wedding in 2021, it was reported that Mr. Johnson would transfer his duties regarding Church of England appointments to his Lord Chancellor, Robert Buckland.
Mr. Burnham announced his intention to change the law last week, stating in a written parliamentary statement that it was "unacceptable for there to be a legislative bar against people of any faith performing all the functions of my office." He added that the government would introduce a bill "at the earliest possible opportunity to correct this antiquated and archaic anomaly."
The prime minister's role in religious appointments is largely ceremonial. Candidates are interviewed and selected by a Church committee, which includes representation from the King. Final approval from the prime minister and the King is sought only after a candidate has been chosen and accepted the position.
Stephen Evans, chief executive of the National Secular Society, welcomed the proposed change but urged the government to consider further reforms. "These anomalies exist only because government remains entangled with the Church of England," Evans said. "In a modern democracy, the state should have no role in appointing bishops. The long-term answer is a clear separation of Church and state."
Mr. Burnham inherited his Catholic faith from his mother and attended Catholic schools. His father, Roy Burnham, who recently died after a battle with Alzheimer's, was concerned about meeting his mother's devout Catholic family, given the importance of religion in Liverpool at the time.