Catholics allowed to represent King at Church of Scotland after law overturned

Catholics will be able to represent the King to the Church of Scotland’s general assembly after MPs overturned a 325-year old law.

The decision, which was backed unanimously by MPs, means Lady Elish Angiolini KC will be the first Roman Catholic Lord High Commissioner to the Church of Scotland since the passage of the 1689 Claim of Right Act.

The Stuart-era law barred any Catholic from becoming King or Queen, or holding other offices. Much of it has since been repealed, most notably in the Roman Catholic Relief Act of 1829, but some restrictions remain.

Lady Elish, a lawyer, was appointed to the position in December last year. She was Scotland’s first female Lord Advocate and served both Labour and SNP governments at Holyrood.

Since leaving office in May 2011, she became principal of St Hugh’s College in Oxford. She was later appointed to chair the inquiry into the kidnap and murder of Sarah Everard by off-duty police officer Wayne Couzens.

The position will allow her to be the King’s personal representative at the General Assembly of the Church of Scotland, which will take place in May.

Chancellor of the Duchy of Lancaster Pat McFadden said: “The Church of Scotland (Lord High Commissioner) Bill is a very simple, straightforward and clear piece of legislation. It seeks to do one simple thing: it removes 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 only applies to Catholics and doesn’t apply to people of other faiths, or indeed of no religious faith.”

Mr McFadden added: “This is a small step to remove a religious barrier. Without it, neither Lady Elish nor any other Catholic could take up this appointment by the sovereign. This Bill changes that.”

Liberal Democrat Scotland spokesperson Christine Jardine (Edinburgh West) said: “That it has taken this long to overturn the injustice of the Roman Catholic Relief Act leaving this one piece of discrimination towards Roman Catholics is something that we should bear in mind, we should note. We should promise to never let it happen again.

“Although it’s important that we get this legislation through quickly in order to appoint Lady Elish Angiolini, I hope that we will address the wider discriminations that are left in Scottish society.”

Labour MP for Glasgow West Patricia Ferguson said she had known Lady Elish since they were members of their respective schools’ debating societies.

Ms Ferguson said the Bill would show further links between the Church of Scotland and Catholic Church after the St Margaret Declaration of friendship in November 2022.

She said: “The passing of this Bill today and the appointment of Lady Elish to the post of Lord High Commissioner takes us one another welcome step on the journey on ecumenism.”