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The government has proposed new legislation aimed at eliminating outdated statutes that bar Roman Catholic and Jewish prime ministers from participating in the appointment process of Church of England leaders. This bill represents one of the initial legislative efforts put forward under Prime Minister Andy Burnham, who is himself a Catholic and has openly criticized these existing laws as “unacceptable.”
Traditionally, when bishops and archbishops are appointed, the Church of England submits a nominee to the prime minister, who then recommends a candidate to the monarch for appointment. While this prime ministerial role has largely become a procedural formality over time, laws remain in place explicitly forbidding Roman Catholics and Jews from taking part in this advisory process. This restrictive legal framework is rooted in historic acts, namely the Roman Catholic Relief Act 1829 and the Jews Relief Act 1858.
Earlier this month, Burnham took the step of transferring the responsibility for advising the King on Church appointments to the Lord Chancellor, acknowledging that the existing prohibition contradicts the principles of his office. He has stated that it is “unacceptable for there to be a legislative bar against people of any faith performing all the functions of my office.” Despite these laws dating back to the 19th century originally easing certain constraints on Catholics and Jews—such as restrictions on parliamentary membership—they still maintain the ban on individuals of these faiths directly or indirectly involvement in Church appointments.
The penalty outlined in the Roman Catholic Relief Act for Catholics advising the sovereign on such matters is severe, prescribing that anyone found guilty would be “deemed guilty of a high misdemeanour, and disabled for ever from holding any office, civil or military, under the Crown.” A similar prohibition exists in the law concerning Jews. These legal barriers have largely gone unenforced simply because no prime minister prior to Burnham has been Catholic or Jewish. Figures such as Benjamin Disraeli, born into a Jewish family in the 19th century, were not affected due to his family’s conversion to Anglicanism, and Tony Blair only converted to Catholicism after his premiership ended. Moreover, the law’s discriminatory reach excludes leaders of other faiths; for example, Hindu Prime Minister Rishi Sunak and atheist Sir Keir Starmer faced no such restrictions.
In practical terms, the role of prime ministers in Church appointments has diminished over the past two decades. Since 2007, following reforms by Gordon Brown, only a single candidate is presented to the prime minister by the Church before the monarch confirms the appointment. Nevertheless, some prime ministers in the past have wielded significant influence in these decisions; Margaret Thatcher, for instance, was known for opposing candidates who did not share her political or religious views. While the archaic laws concerning Church appointments also technically apply to the Church of Scotland, the selection of its elders and ministers is no longer subject to external interference. The current bill aims to remove these discriminatory legal provisions entirely, enabling any prime minister, regardless of religious belief, to perform all responsibilities associated with the office. Before these changes can take effect, the bill must receive approval from both the House of Commons and the House of Lords
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