Prime Minister Andy Burnham's first legislative proposal seeks to repeal archaic laws that prevent Catholic and Jewish prime ministers from advising on appointments to the Church of England.
The Church Appointments (Repeal of Discriminatory Provision) Bill, introduced to Parliament on Tuesday, aims to remove "archaic" legislation dating back to the 19th century.
Under the Roman Catholic Relief Act of 1829, individuals barred from holding office due to their faith face penalties for advising on Church of England appointments. The new bill intends to remove these restrictions for both Catholic and Jewish prime ministers.
Burnham, who is Catholic, is currently unable to advise the King on top Church of England appointments due to these laws. In the interim, he has transferred this responsibility to Alex Norris, the Lord Chancellor, to ensure the appointment process continues unimpeded.
The government stated the bill will "modernise the law to enable the PM, and any future Jewish or Roman Catholic PM to carry out the complete functions of their office." Until recent years, these restrictions had little practical effect as there had not been a Catholic or Jewish prime minister, and they do not apply to individuals of other faiths or no faith.
Burnham became the first openly Catholic Prime Minister in July. This constitutional issue previously arose during Boris Johnson's premiership. Johnson, who was baptized Catholic, was confirmed into the Church of England and later reported to have reverted to Catholicism when he married in Westminster Cathedral while in office.
At the time of his wedding, it was reported that Johnson would delegate his duties regarding Church of England appointments to his Lord Chancellor, Robert Buckland.
Burnham announced his intention to amend the law in a written statement to Parliament last week, calling the legislative bar "unacceptable" and vowing to correct the "antiquated and archaic anomaly."
The Prime Minister's role in these appointments is largely symbolic, with candidates undergoing interviews and selection by a Church committee. 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 changes but urged further action, stating, "These anomalies exist only because government remains entangled with the Church of England. 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."