Burnham to repeal 1829 law barring Catholics from Church appointments
Andy Burnham has pledged to abolish an "archaic" law that bars Catholics from carrying out the prime ministerial role of advising the monarch on senior Church of England appointments, including the Archbishop of Canterbury. As Britain's first openly Catholic prime minister, Burnham's position has exposed a constitutional anomaly rooted in the Roman Catholic Relief Act of 1829, which he says unfairly prevents him from performing all the functions of his office and which he plans to correct through new legislation.
The 1829 Act, which also equally restricts Jewish office-holders under an 1858 law, threatens offenders with a "high misdemeanour" and permanent disqualification from office, a legacy of religious tensions dating back to Henry VIII's break from Rome and the 1688 "Glorious Revolution". In the meantime, Burnham has delegated the relevant duties to the Lord Chancellor, Alex Norris, while announcing that a Bill will be introduced "at the earliest possible opportunity". The National Secular Society welcomed the move but argued it should go further, with chief executive Stephen Evans calling for a full separation of Church and state.
- Burnham to scrap 1829 law barring Catholic PMs from bishop appointments
- He's delegated the duties to Lord Chancellor Alex Norris meanwhile
- Secularists say the real fix is separating Church and state
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Andy Burnham is Britain's first openly Catholic prime minister, a fact that has brought an old and little-known law back into focus. Under the Roman Catholic Relief Act of 1829, Catholics are barred from carrying out certain official duties, including the prime minister's traditional role of advising the monarch on senior appointments in the Church of England, such as the Archbishop of Canterbury. Burnham argues this stops him doing part of his job and wants Parliament to scrap the restriction.
The rule dates back to a period of deep religious division in Britain, stretching from Henry VIII's split from the Roman Catholic Church in the 16th century to the "Glorious Revolution" of 1688, when laws were passed to keep Catholics out of positions of power. A related law from 1858 places similar restrictions on Jewish office-holders. Breaking these rules has historically carried serious penalties, including being permanently barred from holding office.
Because the Church of England is the established, or official, state church, its most senior appointments are still made with formal input from the government rather than the Church acting entirely on its own. Until a new law is passed, Burnham has handed this particular responsibility to another minister, Alex Norris, so that the appointments process can continue. The case has also drawn wider comment from groups that campaign for a clearer separation between religion and government.
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Originally published by Daily Mail as “Andy Burnham vows to scrap ‘archaic’ law banning Catholic PMs from being involved in appointing Church of England bishops”.