The Lord Privy Seal (Baroness Smith of Basildon) (Lab)

My Lords, the Church of Scotland (Lord High Commissioner) Bill is a short but important piece of legislation that removes a legal barrier preventing Roman Catholics holding the office of the Lord High Commissioner to the General Assembly of the Church of Scotland. This historic legal restriction applies specifically to Roman Catholics and not to people of different or no religious faith. For noble Lords who may not yet be acquainted with the role of the Lord High Commissioner—although I suspect from looking around the Chamber that most noble Lords know more than I do, even though my mother is Scottish and Church of Scotland—I shall try to shed light on the position. I note that the noble and learned Lord, Lord Hope of Craighead, who will speak later today, held that office between 2015 and 2016, being appointed by Her late Majesty Queen Elizabeth II. I hope he will bear with me while I provide a brief explanation, and I look forward to his contribution. The Lord High Commissioner is the sovereign’s personal representative to the General Assembly of the Church of Scotland. The General Assembly is the governing body of the Church of Scotland. It meets each May in Edinburgh, to hear reports, make laws and set the agenda for the Church of Scotland. The Lord High Commissioner is appointed as an observer to attend proceedings and to inform His Majesty the King personally about the business of the assembly. The Lord High Commissioner also undertakes important ceremonial duties, including addressing the General Assembly at its opening and closing sessions and attending the daily business on the sovereign’s behalf. The Lord High Commissioner undertakes official visits in Scotland, as well as hosting engagements at the Palace of Holyroodhouse. Historic legislation currently prevents the appointment of Roman Catholics to this role. The Claim of Right 1689 sets out restrictions against Roman Catholics being appointed to public offices in Scotland, which include the Lord High Commissioner. The Roman Catholic Relief Act 1829 removed many legal restrictions on Roman Catholics. Crucially, however, it explicitly did not remove the restrictions against Roman Catholics holding the post of Lord High Commissioner. Therefore, there remains a legal barrier that prevents Roman Catholics undertaking this role. This Bill is concise and narrowly focused, and will deliver a straightforward but important change by enabling Roman Catholics to undertake the post of Lord High Commissioner. The immediate impact of the passing of this Bill will be to facilitate the appointment of Lady Elish Angiolini, who is a Roman Catholic, as Lord High Commissioner for 2025. Lady Elish’s distinguished career encompasses law, justice and academia. In 2011, she was honoured as a Dame Commander of the Order of the British Empire for her outstanding contributions to the administration of justice. Since 2012, she has served as principal of St Hugh’s College, Oxford, and she was appointed pro-vice-chancellor of the University of Oxford in 2017. In 2022, Her late Majesty the Queen appointed her to the Most Ancient and Most Noble Order of the Thistle, and she participated in the Coronation in 2023. Should this Bill pass, she will make history as the first Roman Catholic to be appointed Lord High Commissioner. Lady Elish’s appointment would be a historic gesture of unity, good will and collaboration between the Church of Scotland and the Catholic Church in Scotland, following the St Margaret declaration signed in 2022, as well as a continuing declaration of friendship between the two Churches. This combined effort between the two denominations is a welcome demonstration of how people from different religions and backgrounds in our society can unite to emphasise the values and issues that unite us all and can acknowledge our differences with respect and dignity. I note that the appointment of Lady Elish to the role of Lord High Commissioner has been warmly welcomed, including in the other place when this Bill was debated, taking note of her distinguished career and personal achievements. The legislation is before the House today on an accelerated timetable, which is necessary to ensure that Lady Elish’s appointment can be made ahead of the General Assembly in May. Subject to Royal Assent, the formalities of the appointment will begin. This process will include a formal commission for the office, accompanied by a royal warrant. I can reassure the House that the UK Government have worked closely with key stakeholders in the development of this legislation. While the Bill concerns a reserved matter, my right honourable friend the Chancellor of the Duchy of Lancaster spoke to the First Minister of Scotland and representatives of the Church of Scotland in advance of bringing forward this legislation. We thank them for their constructive and collaborative approach to this issue. The Government also engaged with the Catholic Church to ensure that it was kept informed ahead of the introduction of the legislation. My right honourable friend the Chancellor of the Duchy of Lancaster also discussed the matter with Lady Elish directly and we have absolutely no doubt that she will be an excellent Lord High Commissioner. I will briefly summarise this two-clause Bill. Clause 1 makes provision to allow a person of the Roman Catholic faith to hold the office of the Lord High Commissioner to the General Assembly of the Church of Scotland. Clause 2 sets out the territorial extent of the Bill and the commencement of the Bill, including that it will commence on Royal Assent. To conclude, this Bill has a welcome aim and delivers a concise, albeit narrow, objective. I hope the Bill will receive support from all sides of the House. In that spirit, I commend it to the House. I beg to move.