Church Appointments (Repeal of Discriminatory Provision) Bill

Committee of the whole House & 3rd reading
Wednesday 21st October 2026 Commons Chamber

Considered in Committee

[Caroline Nokes in the Chair]

[The Second Deputy Chairman of Ways and Means (Caroline Nokes)]

Order. I remind Members that in Committee they should not address the Chair as Mr or Madam Deputy Speaker, but should use our names. Madam Chair, Chair and Madam Chairman are also acceptable.

Clause 1

Repeal of discriminatory provision concerning the making of appointments

Question proposed, That the clause stand part of the Bill.

[The Second Deputy Chairman)]

With this it will be convenient to consider clause 2 stand part.

16:22

[The Parliamentary Secretary, Cabinet Office (Mark Ferguson)]

I hope that I will not detain the Committee for long in dealing with the two clauses.

Clause 1 is the only operative clause of the Bill. Its purpose is to remove the restrictions that prevent a person who professes either the Roman Catholic or Jewish faiths from advising the sovereign on Church appointments. It also removes parallel restrictions that prevent a person of those faiths from making Church appointments, when they have a right to do so by virtue of their office. Some office holders appointed by the sovereign, such as the Lord Chancellor, have the right to nominate someone directly to a benefice—for example, the right to nominate the local vicar of a parish. The sovereign has no involvement in those appointments. The clause achieves that by repealing sections 17 and 18 of the Roman Catholic Relief Act 1829 and the Jews Relief Act 1858 in their entirety. It also contains some consequential repeals of Church legislation that cross-referred to some of these provisions. Finally, the clause provides that once it comes into force, no person can be convicted under the provisions in section 18 of the 1829 Act or section 4 of the 1858 Act.

Clause 2 sets out the extent, commencement and short title of the Bill. The Bill extends to the whole United Kingdom, and applies UK-wide. It will come into force on Royal Assent, which will ensure that the Prime Minister can assume his constitutional duty to advise the sovereign on Church appointments without delay.

It is clear that the Bill commands broad consensus, and I am grateful to colleagues for their approach to it. I look forward very much to the rest of today’s debate, and to seeing the Bill on the statute book soon.

[The Second Deputy Chairman]

I call the shadow Minister.

[Mike Wood (Kingswinford and South Staffordshire) (Con)]

I rise briefly on behalf of His Majesty’s official Opposition to confirm our support for clause 1 standing part of the Bill. Clause 1 is the operative heart of this legislation and repeals the remaining provisions to which the Minister referred. In some ways, it feels rather fitting that the Committee is considering this clause on 21 October, Trafalgar Day, because although the nation rightly remembers Lord Nelson today, another great hero of the Napoleonic wars, the Duke of Wellington, who was Prime Minister, together with Sir Robert Peel in this House, drove Catholic emancipation on to the statute book through the Roman Catholic Relief Act 1829.

At the time, the Act was seen as a radically progressive measure. Indeed, such was the strength of feeling that Wellington was only able to overcome the fierce opposition of King George IV and peers in the House of Lords by threatening that his Tory Government would resign and warning the King and their lordships that the incoming Whig Administration would be immeasurably worse. As students of parliamentary history will know, the resulting split in Wellington’s party ushered in a decade and a half of Whig dominance. I am bound to say that I am rather pleased that there is considerably more cross-party consensus on today’s reform.

There is, however, an important historical lesson in how we view the statutes that clause 1 amends. Both the Roman Catholic Relief Act 1829 and the subsequent Jews Relief Act 1858 were seen in their own day as wildly progressive steps forward that tore down centuries-old barriers to public life. The restrictions they left behind on advising the sovereign on Church appointments were the political compromises of the 19th century, but nearly 200 years on, what was introduced as a 19th-century compromise is now an archaic anomaly and unacceptable discrimination.

Over the decades, Parliament has rightly repealed or amended many of the other restrictive measures originally contained in both the 1829 and 1858 Acts, and clause 1 simply finishes that long historical journey. By removing these final statutory prohibitions and their draconian penalties, it ensures that the legal bar on a Roman Catholic or Jewish Prime Minister fulfilling their constitutional duties by advising the monarch on Church appointments is similarly consigned to history. His Majesty’s Opposition therefore support clauses 1 and 2 standing part of this Bill.

Question put and agreed to.

Clause 1 accordingly ordered to stand part of the Bill.

Clause 2 ordered to stand part of the Bill.

Third Reading

King’s consent signified.

16:28

[The Minister for Intergovernmental Relations and European Relations (Mr Hamish Falconer)]

I beg to move, That the Bill be now read the Third time.

I will keep my remarks brief. As we have heard, this Bill’s purpose is to lift archaic historical restrictions that prevent an individual of the Roman Catholic or Jewish faith from advising the sovereign on Church appointments, or from making Church appointments where their office gives them the right to directly nominate someone. The Bill will therefore ensure that the current Prime Minister and, indeed, any future Prime Minister who professes either the Roman Catholic or Jewish faith can perform their constitutional responsibility to advise the sovereign on these matters without risking disbarment from public office.

I give heartfelt thanks for the insightful contributions of hon. and right hon. Members, particularly the Father of the House and my constituency neighbour, the right hon. Member for Gainsborough (Sir Edward Leigh). I thank the Opposition for the spirit with which they have approached the Bill. As my hon. Friend the Member for Gateshead Central and Whickham (Mark Ferguson) acknowledged, today’s debates have featured some very thoughtful contributions about the development of our constitutional arrangements.

I am grateful for the support of hon. Members from across the House for the approach that we have taken. I know that the House will agree that although the Bill is modest, it is an important step forward in ensuring that our laws reflect our belief that a Prime Minister’s faith should not restrict their ability to undertake their role. I commend this Bill to the House.

[Madam Deputy Speaker (Caroline Nokes)]

I call the shadow Minister.

16:30

[Mike Wood]

As we reach Third Reading, I am pleased to again reaffirm our support for this measure, as we work to ensure that this particular anachronism will soon be consigned to history. Our constitutional arrangements are the product of centuries of history, and we on these Benches believe we should always approach changes to them with appropriate care. Our constitution has evolved considerably since the 19th century, reflecting the changing character of our country and the diversity of the people who serve it, and it is entirely reasonable that our laws should evolve with it.

Respect for our history does not require us to preserve every historical anomaly. There is a clear distinction between respecting our constitutional traditions and allowing outdated 19th-century restrictions to remain on the statute book simply because they have always been there. At the same time, the established Church occupies a distinctive place in our constitutional settlement, and the relationship between Church and state is one that has developed over centuries. In correcting the historical injustice, it is vital that we preserve both our established constitutional arrangement, and the independence and integrity of the Church appointments process.

In practical terms, when appointing bishops and archbishops, the Church of England presents a candidate to the Prime Minister, who then advises the monarch on who to install in that role. For nearly 20 years, the Prime Minister has not had much of a role in the selection of Church of England bishops, and Downing Street’s involvement in the process has become largely a formality. That is why, alongside supporting this Bill with the repeal of these discriminatory criminal provisions, His Majesty’s Opposition has suggested that the clear and respectful convention for the future, following recent precedent, should be that Prime Ministers who are not members of the Church of England should retain their formal constitutional role in advising the sovereign while continuing to delegate any active involvement in the decision-making process to others.

The ability to serve as Prime Minister and to exercise the full responsibilities of that office should depend on the confidence of this House and the ability of the individual concerned, not their religious belief. On that fundamental principle, the whole House can unite today, so we support the Third Reading of this Bill and wish it well as it proceeds to the other place.

Question put and agreed to.

Bill accordingly read the Third time and passed.