Church of Scotland (Lord High Commissioner) Bill

Part of the debate – in the House of Commons at 4:15 pm on 4 March 2025.

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Photo of Pat McFadden Pat McFadden Chancellor of the Duchy of Lancaster, Minister for Intergovernmental Relations 4:15, 4 March 2025

I beg to move, That the Bill be now read a Second time.

I am pleased to open the debate on this Bill, which I hope will have the House’s support. It is a simple, straightforward and clear piece of legislation that seeks to do one simple thing: it will remove a legal barrier that prevents Catholics from holding the office of the Lord High Commissioner to the General Assembly of the Church of Scotland. This historic legal restriction applies only to Catholics; it does not apply to people of other faiths or indeed of no religious faith.

For those hon. Members who are not familiar with the role of Lord High Commissioner—if there are any—perhaps it is beneficial for me to set out some context. The Lord High Commissioner is the sovereign’s personal representative to the General Assembly of the Church of Scotland. They are appointed as an observer to attend proceedings on behalf of His Majesty the King. The General Assembly is the governing body of the Church of Scotland that meets each May in Edinburgh to hear reports, make Laws and set the agenda for the Church for the coming year. The ceremonial duties of the Lord High Commissioner include addressing the Assembly at its opening and closing sessions as well as attending the daily business on the sovereign’s behalf. In addition, the Lord High Commissioner undertakes official visits in Scotland as well as hosting engagements at the Palace of Holyroodhouse.

Historical legislation currently prevents the appointment of Catholics to the role: specifically, the Claim of Right Act 1689 set out restrictions against Catholics being appointed to public offices in Scotland, including the role of Lord High Commissioner. Most of that was changed by the Roman Catholic Relief Act 1829, which removed many aspects of religious discrimination towards Catholics. However, it did not explicitly remove the restriction against Catholics holding the office of Lord High Commissioner. That means that a legislative restriction exists to this day against someone of the Catholic faith being appointed to this office. Until now, the issue did not arise because no Catholic was ever appointed to the role, but that position changed in December with the announcement of the appointment of Lady Elish Angiolini. The Bill will allow Lady Elish to take up the role.

There is similarity to the approach adopted in the Lord Chancellor (Tenure of Office and Discharge of Ecclesiastical Functions) Act 1974, which removed restrictions on Catholics taking up the role of Lord Chancellor. The Bill is short—as hon. Members can see—and narrowly focused. It will deliver a small but important modernisation to allow Catholics to undertake the role of Lord High Commissioner.

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