Mr Hamish Falconer

Mr Hamish Falconer

Labour — Lincoln

Speaking in the House of Commons on 21 October 2026

Debate

Church Appointments (Repeal of Discriminatory Provision) Bill

Contribution

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 This Bill resolves a live, practical issue and removes an outdated restriction that has no place in our modern parliamentary democracy.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.

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