A centuries-old ban on Roman Catholics representing the King at the Church of Scotland’s General Assembly is on the brink of being abolished, marking a significant step towards equality in public office.
The Church of Scotland (Lord High Commissioner) Bill, which removes this archaic legal restriction, has successfully passed through both Houses of Parliament and is now set to receive royal assent. The move paves the way for Lady Elish Angiolini KC, a practising Roman Catholic, to be appointed as Lord High Commissioner of Scotland, serving as the King’s personal representative at the General Assembly of the Church of Scotland.
An end to a 17th-century restriction
The legal prohibition, originating from the Claim of Right Act 1689, was part of a broader set of laws barring Catholics from holding key public offices, including the throne. While many of these restrictions were repealed over time, notably through the Roman Catholic Relief Act 1829, the bar on Catholics serving as Lord High Commissioner persisted.
Describing the law as “a relic of a past age”, Cabinet minister and Leader of the Lords Baroness Smith of Basildon told Parliament that the measure had “no place in today’s modern society.”
She said:
“It is designed to remove a legal barrier that prevents Roman Catholics from 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.”
Lady Smith added that Lady Elish’s appointment signified a powerful gesture of goodwill and unity between the Church of Scotland and the Catholic Church in Scotland.
A trailblazing public servant
Lady Elish Angiolini KC has had a distinguished legal career and was Scotland’s first female Lord Advocate, serving under both Labour and SNP governments from 2006 to 2011. She later became principal of St Hugh’s College, Oxford, and is now a pro vice chancellor at the university.
In 2023, she was appointed Lord Clerk Register, one of Scotland’s oldest state offices, making her the first woman to hold the position since its creation in the 13th century.
Lady Elish has also led several high-profile inquiries, including investigations into deaths in police custody and the kidnap and murder of Sarah Everard by off-duty police officer Wayne Couzens.
Cross-party support for reform
The legislation has received widespread backing across political parties, with MPs and peers uniting to remove the discriminatory law.
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Tory shadow leader in the House of Lords, Lord True, expressed strong support for Lady Elish’s appointment, stating:
“This House bears great goodwill towards Lady Elish as she takes on this appointment.”
Lady Smith further emphasised the importance of updating Britain’s laws to reflect the values of modern society, saying:
“There is only one obstacle that prevents her taking up the role, and that is an archaic legal restriction. By passing this Bill, we take a practical step to remove a relic of a past age that has no place in today’s society.”
A moment of symbolic and legal change
With the Bill now set for royal assent, the removal of this legal barrier is seen as a historic milestone in ensuring that religion is no longer a hindrance to public service in the UK.
Lady Elish’s anticipated appointment as Lord High Commissioner of Scotland will not only be a personal achievement but also a symbolic step towards a more inclusive and equal Britain.
