Church Appointments (Repeal of Discriminatory Provision) Bill

Danny Kruger Excerpts

2nd reading
Wednesday 21st October 2026 Commons Chamber

[Mr Falconer]

My hon. Friend is pithier than I am. Yes, this is about elected office. I will make a little progress, if right hon. and hon. Members do not mind.

Let me take you back to the reformation, Madam Deputy Speaker. As my hon. Friend the Member for Ealing Southall said, until the mid-19th century, there were considerably more restrictions on Catholics and Jews, including an effective prohibition on becoming a Member of Parliament. The Roman Catholic Relief Act 1829 and the Jews Relief Act 1858 removed many but not all of these legal barriers to Roman Catholic and Jewish participation in public life. This included permitting people of those faiths to become MPs and to serve in various civil and military offices, but the legislation retained certain exceptions, which this Bill seeks to address.

Under section 18 of the 1829 Act and section 4 of the 1858 Act, individuals professing the Catholic or Jewish faiths are restricted from giving advice to the sovereign in relation to Church appointments. The penalty for breaching these restrictions is being prevented from holding a civil or military office under the Crown, which includes serving as Prime Minister.

Until now there has never been a Prime Minister professing either the Roman Catholic or Jewish faith while in office. Following the appointment of my right hon. Friend the Member for Makerfield (Andy Burnham) as Prime Minister in July, these 19th-century legal restrictions are now having a practical effect for the first time. To ensure that Church appointments can continue smoothly, the Prime Minister has temporarily transferred his responsibilities for advising the sovereign on Church appointments to the Lord Chancellor. But it would not be right to continue these arrangements indefinitely. I am sure that the whole House will agree with me that, in the 21st century, one’s faith should not be a barrier to carrying out any of the duties of high office.

Removing these restrictions from the statute book is the right thing to do. Moreover, it is important to uphold one of our core constitutional principles that the Prime Minister is the sovereign’s principal adviser and should be able to advise on Church appointments just like his predecessors.

This Bill resolves a live, practical issue and removes an outdated restriction that has no place in our modern parliamentary democracy. With hon. Members’ support, I hope that it will not detain the House for long.

I understand that some Members might raise questions about why non-Anglican Prime Ministers or Ministers should be able to advise the sovereign on appointments to a Church whose faith or denomination they do not share. However, the Government firmly reject that view. The legal restrictions that we are seeking to repeal only apply to individuals professing the Roman Catholic or Jewish faiths. They do not apply to people of other faiths, other Christian denominations or no faith at all. That is why former Prime Ministers Rishi Sunak, a professed Hindu, and Sir Keir Starmer, a professed atheist, as well as many other non-Anglican Prime Ministers in the 20th century were able to advise the sovereign on Church appointments without risking disbarment from office.

While the Church of England is the established Church, one of our country’s great strengths is that it is made up of people of different faiths and backgrounds, who should all enjoy equal treatment under our laws. To suggest that a Minister must personally share the faith of the established Church in order to convey its advice would be to misunderstand the constitutional role of the Crown’s principal adviser.

As a modern parliamentary democracy and constitutional monarchy, the King is the Head of State and acts on the advice of his Ministers, who are accountable to the electorate and to this place. It is therefore right that the Prime Minister, regardless of his religious beliefs, is able to advise the King on Church appointments.

[Danny Kruger (East Wiltshire) (Reform)]

I support the principle of the Bill and obviously will not oppose it. May I ask the Minister to unpack the point he just made about the role of the Prime Minister in conveying the advice of the Church on appointments? That is exactly how it works at the moment. As the Minister said, the Prime Minister is the principal adviser to the sovereign, and ultimately it is the sovereign who has authority to make episcopal appointments. Does he agree that the Prime Minister has a function to play in the advice given to the sovereign, or does he think this is purely a procedural matter in which the Prime Minister is simply transmitting advice that he receives from the Church hierarchy?

[Mr Falconer]

The point I was seeking to cover is that it is an important constitutional principle that the Prime Minister is the principal adviser to the sovereign, including in his role as the head of the established Church. Clearly, in practice—I think this is well known to the House—the Prime Minister does not take an active role in selecting members of the clergy, but that does not mean that it is wise to continue with this discrimination, in particular against Catholics and Jews.

Clause 1 makes provision to repeal sections 17 and 18 of the Roman Catholic Relief Act 1829 and to repeal the Jews Relief Act 1858 in its entirety, lifting all statutory restrictions on Ministers advising on or making Church appointments. Crucially, the Bill treats and removes restrictions on Roman Catholic and Jewish individuals in exactly the same way, ensuring complete parity and equal treatment between both faiths.

The clause also removes outdated restrictions on making Church appointments, referring to rights of patronage such as those held by the Lord Chancellor to directly nominate vicars to parish benefices. While those provisions have been partially repealed and are generally no longer of any practical effect, completely repealing them removes any lingering legal uncertainty.

Clause 2 sets out the UK-wide territorial extent and provides for commencement immediately on Royal Assent.

Members may recall that last year we passed a similar piece of legislation: the Church of Scotland (Lord High Commissioner) Act 2025. The Government’s approach is both principled and pragmatic. We address archaic, centuries-old statutory restrictions such as these as and when they have a live practical impact on public life. Last year, we acted to facilitate the historic appointment of Lady Angiolini—a practising Catholic—to the office of Lord High Commissioner to the General Assembly of the Church of Scotland. We are bringing forward this Bill now because these 19th-century provisions are having an impact on ministerial advice for the first time.

No doubt, there may be questions about whether we will need a third Bill to address further historical religious restrictions. Let me reassure hon. Members that, with the passage of this Bill, the job is complete. Following this legislation, I assure the House that there will be no remaining religious restrictions affecting Ministers and other individuals appointed by the Crown, and we are confident that no further such action will ever be required.

There we are: a short, simple and straightforward Bill. While it will take up only a few lines of our statute book, this legislation corrects an archaic historical wrong and ensures that our constitutional arrangements reflect a modern, equal society where no Prime Minister, regardless of his religious beliefs, is restricted from being able to advise the sovereign. I hope that the Bill will receive support from all sides. In that spirit, I commend it to the House.

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[Jonathan Davies (Mid Derbyshire) (Lab)]

As an Anglican, there is a little bit of me that would always like to see an Anglican as Prime Minister, but I recognise that that is not always desirable or possible. In fact, despite the historical measures relating to Catholic emancipation that we have discussed today, of course Roman Catholicism never did go away. Catholics practised their faith in private, often in fear of their life. The secret of the success of the Church of England is that it is the original broad church. Even within the Anglican communion, there are people who hold a whole variety of views, and allowing our Prime Minister, a Roman Catholic, to perform his constitutional function of advising the monarchy is very much in keeping with that tradition.

A week last Sunday, I attended the High Sheriff’s legal service at Derby cathedral. It was for Dr Syed Yusuf Iftikhar, an NHS consultant who came from Pakistan and served for over 40 years in the NHS. It brought together people from different faith communities, and was led by the Dean of Derby, the Very Rev. Peter Robinson, but we had representatives from the Muslim, Sikh and Hindu faiths. That is the Church of England at its best, particularly at a time when we see division in our society. We have talked about antisemitism today, but recently we have unfortunately seen racist aspects to our political parties here. The Church of England has an excellent role to play in bringing communities together, and many of us will see that on Remembrance Sunday next month.

[Danny Kruger]

The hon. Gentleman is making an important speech. Does he agree with me that the value of this Bill is that it could strengthen the Church of England and reconnect it with the political community of which it is properly a part? Does he agree with me that, as I said when I intervened on the Minister, it is not right to leave the appointment of bishops purely to the bureaucrats at Church House and committees there, and that it is a proper subject for politics? We have heard the suggestion that this is a second-order priority, and I recognise that there are more pressing concerns for the country, but this stuff matters—Gladstone thought the most important part of his job as Prime Minister was appointing bishops. My concern about the debate so far is that the Bill has been interpreted as some great step of progressive modernisation that clearly ends with the exclusion of Christianity from political life altogether. Does he agree that what we actually we need to do is strengthen the role of the Church of England in the political community and remind the Prime Minister of this very important part of his or her job?

--- Later in debate ---

[Danny Kruger]

I am sorry to jump up again, but I want to challenge the right hon. Gentleman. That was no doubt the case in the 19th century, but if he reads the brilliant book by Mark Vickers called “God In Number 10”, which is a history of 20th century Prime Ministers from Balfour to Blair, he will see that it is an opposite story. The book is a remarkable account of how very different Prime Ministers all took their responsibilities seriously, as the right hon. Gentleman said, right up to John Major. They honoured the fact that different dioceses had different traditions, and they tried to ensure that there was ecumenical balance in the Church of England. I do not think it is beyond a Prime Minister of any party to take their job seriously, think about the right balance of the Church of England and maintain the broad church. What we do not want bureaucrats in the Church of England appointing each other, which is what we have at the moment—that is why they are all left wing. Surely the right hon. Gentleman would acknowledge that we need a genuinely broad church that includes people from different political traditions.

[Sir Edward Leigh]

That is a very interesting point of view from our Reform colleague. It is interesting to think that at some future date the hon. Member for Clacton (Nigel Farage) might appoint bishops, but we will see—it may or may not happen.