Last month, the Prime Minister, who was raised as a Roman Catholic, said that he wanted “the earliest possible opportunity to correct this antiquated and archaic anomaly” of historic Victorian-era legislation.
With its Second Reading in the Lords scheduled for 10 November, and subject to parliamentary process, the Bill could pass into law by Christmas.
It seeks to “Repeal provision which prohibits persons of the Roman Catholic or Jewish faiths from advising the Crown on appointments in the Church of England or Church of Scotland; and to repeal provision which precludes such persons from making ecclesiastical appointments.”
Specifically, it would omit sections 17 and 18 of the Roman Catholic Relief Act 1829, which bar Mr Burnham from having a right of presentation to benefices, and having the right “to advise the Crown on appointments to offices in Church of England or Church of Scotland”. At the same time, the Jews Relief Act 1858 would be repealed.
“Over the decades, Parliament has rightly repealed or amended many of the other restrictive measures originally contained in both the 1829 and 1858 Acts, and clause 1 simply finishes that long historical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,” the Shadow Minister for the Cabinet Office, Mike Wood, said in the Commons on Wednesday of last week.
“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.
“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.”
He also noted 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”.
In the previous debate, the Labour MP for Mid Derbyshire, Jonathan Davies, said: “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 commending the Bill, the Minister for Intergovernmental Relations and European Relations, Hamish Falconer, said: “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.”
The Bill now continues in Parliament through the Lords.