Lords back lifting of ban on Catholics representing King at Church of Scotland

The ban on Roman Catholics representing the King at the Church of Scotland’s general assembly is set to be lifted in a “historic gesture of goodwill”.

The “long overdue” measure will allow the appointment of Lady Elish Angiolini KC, a practising Roman Catholic, to serve as Lord High Commissioner of Scotland this year.

The Lord High Commissioner is the monarch’s personal representative at the general assembly of the Church of Scotland, which meets in May each year.

Much of it was repealed in the following years, most notably in the Roman Catholic Relief Act 1829, but some restrictions remain, including for the role of Lord High Commissioner.

In fact, the 1829 Act explicitly kept this particular anti-Catholic law and it has remained on the books ever since, despite there being no such restrictions for people of other Christian denominations, other religions or no religion.

The Church of Scotland (Lord High Commissioner) Bill received universal praise during its second reading in the House of Lords on Wednesday for reversing this legal relic.

Leader of the House of Lords Baroness Smith of Basildon said: “Lady Elish’s appointment will be a historic gesture of unity, goodwill and collaboration between the Church of Scotland and the Catholic Church in Scotland…

“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 also acknowledge our differences with respect.”

Shadow leader of the House of Lords Lord True assured peers of the Opposition’s “full support” for the Bill, branding the Lord High Commissioner “one of the most significant roles in Scottish public life”.

He said: “This Bill is an important step towards full equality for Roman Catholics under British law, and there is in fact a long Conservative tradition in supporting Catholic emancipation.”

The repeal of the Catholic ban will enable distinguished lawyer and academic Lady Elish to served as Lord High Commissioner in May.

She went on to become the principal of St Hugh’s College, Oxford, and a Pro Vice Chancellor of the University of Oxford.

Since 2023, she has served as the Lord Clerk Register, the first woman to hold the role since its creation in the 13th century.

Lady Elish has also led several investigations and inquiries, including a review of deaths in police custody and the Angiolini Inquiry into the kidnap and murder of Sarah Everard by off-duty police officer Wayne Couzens.

Lord Hope of Craighead, who was Lord High Commissioner in 2015 and 2016, said: “This is a necessary reform, which clears the way for Dame Elish Angiolini to take up her appointment in just a few weeks time.

“But it will settle the issue for the future, which in itself is very much to be welcomed.”

Referring to his experience in the role, he said: “The question as to which denomination of the Christian faith the person belongs is wholly immaterial to his or her ability to perform the duties of that office.”

Liberal Democrat peer Lord Wallace of Tankerness, a former moderator of the general assembly, said the Bill “brings us into the 21st century”.

He noted that Lady Elish is of Irish descent, and highlighted the Church of Scotland’s “shameful” history of anti-Irish rhetoric, particularly in the 1920s and 30s.

Former Scottish Labour leader Baroness Alexander of Cleveden added: “It is right and proper to acknowledge how sectarianism scarred the Kirk (Church of Scotland) and Scottish society and in the inter-war years.”

The general assembly is the governing body of the Church of Scotland, which meets annually to make laws and set the agenda for the Church.

As the King is not the head of the Church of Scotland or a member of the assembly, there is no requirement for his representative to be a Presbyterian or member of the Church.

They do not participate in the work of the assembly or perform any religious duties.

The Lord High Commissioner plays a ceremonial role, giving an opening and closing speech, and attending business on behalf of the monarch.

They observe proceedings and later report these to the King, and they also host events, visit organisations and carry out any other duties in the monarch’s absence.

The removal of the barrier to Catholics serving in the role follows the St Margaret’s Declaration in 2022, a declaration of friendship between the Church of Scotland and the Catholic Church in Scotland.