The Government has introduced legislation to repeal historic laws preventing Roman Catholic and Jewish prime ministers from carrying out the full constitutional responsibilities of their office in relation to church appointments.
The Church Appointments (Repeal of Discriminatory Provision) Bill was introduced in the House of Commons on 15 September and received its formal first reading.
The Bill would remove provisions preventing Catholics and Jews from advising the Crown on appointments in the Church of England and Church of Scotland, as well as restrictions preventing them from making certain ecclesiastical appointments.
The issue has immediate practical relevance because Prime Minister Andy Burnham is Roman Catholic. He has temporarily transferred his responsibility for advising the King on church appointments to the Lord Chancellor while the existing law remains in force.
Government moves to remove historic anomaly
The Cabinet Office said the legislation would end archaic restrictions preventing a Roman Catholic or Jewish prime minister from exercising the full extent of their constitutional responsibilities.
As the monarch's principal adviser, the Prime Minister has a constitutional role in providing advice on appointments within the Church of England.
The Government says the provisions create an anomaly because they specifically affect people professing the Roman Catholic or Jewish faiths and do not apply in the same way to prime ministers of other religions or no religion.
Burnham transferred responsibility to Lord Chancellor
Burnham announced on 10 September that he had transferred his constitutional responsibility for advising the Sovereign on church appointments to the Lord Chancellor.
In a written statement to Parliament, the Prime Minister said restrictions contained in the Roman Catholic Relief Act 1829 and Jews Relief Act 1858 prevented Catholics and Jews from advising the Sovereign on appointments to the Church of England and Church of Scotland.
He said it was unacceptable for legislation to prevent people of any faith from performing all the functions of the office and promised legislation to correct what he called an antiquated and archaic anomaly.
What the Bill would change
The Bill would repeal provisions prohibiting people of the Roman Catholic or Jewish faiths from advising the Crown on appointments in the Church of England or Church of Scotland. It would also repeal provisions preventing such people from making ecclesiastical appointments.
The legislation is deliberately narrow and concerns religious restrictions surrounding church appointments rather than the wider constitutional relationship between the Church of England, the monarchy and Government.
Restrictions date back to the 19th century
The modern legal position is rooted principally in the Roman Catholic Relief Act 1829 and the Jews Relief Act 1858.
The 1829 Act removed many restrictions on Roman Catholics holding public office but retained limitations concerning appointments within the established church. Similar provisions later applied to people professing the Jewish faith.
The House of Commons Library says the restrictions can extend beyond ministers themselves because the historic legislation refers to involvement directly or indirectly.
Bill begins passage through Parliament
The Bill is a Government Bill sponsored by the Cabinet Office. It received its first reading in the House of Commons on 15 September. First reading is a formal stage and does not involve debate on the substance of the legislation.
It must still complete its remaining Commons and House of Lords stages and receive Royal Assent before the restrictions are repealed.
Until then, the Prime Minister's church-appointment responsibilities remain transferred to the Lord Chancellor.