Historic step to scrap discriminatory ‘relic of a past age’ set to become law

A ban on Roman Catholics representing the King at the Church of Scotland’s general assembly – branded “a relic of a past age” – is on the verge of being abolished.

The historic move at Westminster will scrap “an archaic legal restriction” that has “no place” in a modern society, Cabinet minister and Leader of the Lords Baroness Smith of Basildon told Parliament.

The measure will allow Lady Elish Angiolini KC, a practising Roman Catholic, to be appointed as Lord High Commissioner of Scotland.

In the role, the distinguished lawyer and academic will serve as the King’s personal representative at the General Assembly of the Church of Scotland, which meets in May each year.

The existing legal bar dates back to the Stuart-era Claim of Right Act 1689, which blocked Catholics from the throne and other public offices.

Much of it was repealed in the following years, most notably in the Roman Catholic Relief Act 1829, but some restrictions remained, including for the role of Lord High Commissioner.

The arcane discriminatory law is poised to be overturned by The Church of Scotland (Lord High Commissioner) Bill, which has now cleared both Houses of Parliament and is set to receive royal assent.

Lady Elish was Scotland’s first female lord advocate, and she served both Labour and SNP governments in Holyrood, from 2006 to 2011.

She went on to become the principal of St Hugh’s College, Oxford, and is a pro vice chancellor of the university.

Since 2023, she has served as the Lord Clerk Register, the first woman to hold the oldest of the great offices of state in Scotland since its creation in the 13th century.

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

Speaking in the Lords, Lady Smith said the legislation had “a simple aim”.

She said: “It is designed to remove a legal barrier that prevents Roman Catholics holding the office of Lord High Commissioner.

“The upcoming appointment of Lady Elish Angiolini as the first Roman Catholic Lord High Commissioner would have been blocked by historic legislation if it were not for this Bill.

“Her appointment is a strong gesture of good faith, co-operation and togetherness between the Church of Scotland and the Catholic Church in Scotland.”

Lady Smith added: “Lady Elish is an accomplished public servant.

“There is only one obstacle that prevents her taking up the role, and that is an archaic legal restriction.

“By passing this Bill removing the restriction, the House can give its support to Lady Elish with our best wishes for her tenure as Lord High Commissioner.

“It is a practical step to remove a relic of a past age that has no place in today’s society.”

Tory shadow leader in the upper chamber Lord True said: “This House bears great good will towards Lady Elish as she takes on this appointment.”