A proposed Bill could pave the way for Catholics to serve as the monarch’s representative at the Church of Scotland’s General Assembly for the first time in history. If passed, the legislation would remove long-standing legal restrictions that have barred Catholics from holding the role of Lord High Commissioner.
Historic Barriers to Catholic Representation
The Bill, introduced by Labour MP Pat McFadden, follows the appointment of Lady Elish Angiolini KC, a practising Catholic, to serve as the Lord High Commissioner at the 2025 General Assembly. While the position is a personal appointment by the monarch, it has historically been off-limits to Catholics due to legal constraints dating back nearly two centuries.
A provision within the Roman Catholic Relief Act 1829 explicitly states that Catholics cannot hold the office of Lord High Commissioner. This law, though rarely discussed in modern times, has remained in effect despite broader efforts to dismantle anti-Catholic legislation in Britain.
“Nothing herein contained shall extend or be construed to extend to enable any person or persons professing the Roman Catholic religion, to hold or exercise … His Majesty’s High Commissioner to the General Assembly of the Church of Scotland,” the Act states.
Church of Scotland and the Monarchy’s Unique Relationship
Unlike the Church of England, where the King is Supreme Governor, the Church of Scotland operates independently of state control. It follows Presbyterian traditions, aligning more closely with Calvinist theology rather than Anglican doctrine.
The role of Lord High Commissioner is largely symbolic but remains a significant link between the monarchy and the Church of Scotland. The individual appointed attends the General Assembly, delivers messages on behalf of the King, and engages in discussions with church leaders. Given its importance, the exclusion of Catholics from the role has long been seen as an outdated legal remnant of Britain’s sectarian past.
One legal expert noted, “The historical ban was rooted in concerns about maintaining Protestant influence over key state and religious positions. But in today’s Britain, where religious tolerance is a fundamental principle, such restrictions seem archaic.”
Who is Lady Elish Angiolini?
Lady Elish Angiolini, a prominent legal figure, has shattered multiple glass ceilings throughout her career. Born in Glasgow in 1960, she studied law at the University of Strathclyde before embarking on a groundbreaking career in Scotland’s legal system.
Her notable achievements include:
- Becoming the first woman and first solicitor to serve as Solicitor General for Scotland in 2001.
- Being appointed as the first female and non-advocate Lord Advocate in 2006, leading Scotland’s prosecution service.
- Spearheading major legal reforms, particularly in prosecuting sexual offences and domestic abuse cases.
- Chairing high-profile inquiries into police conduct and institutional responses to serious crimes.
Her latest appointment as Lord High Commissioner signals a shift in attitudes, with the British establishment showing a willingness to move beyond sectarian barriers that once dictated who could serve in prominent positions.
The Political and Religious Reactions
Lady Elish’s appointment has drawn a mix of praise and scrutiny. The Cabinet Office called the decision “a significant gesture of unity, goodwill and collaboration between the Church of Scotland and the Catholic Church in Scotland.” Many religious leaders have welcomed the move as a step toward inclusivity.
However, some traditionalists have expressed concerns about altering historical conventions. “The relationship between the monarchy and the Church of Scotland has always been distinct. Any change to centuries-old practices should not be rushed,” said one church official who preferred to remain unnamed.
Still, others argue that the Bill is a necessary evolution. “In a modern, pluralistic society, it’s only right that any qualified individual—regardless of religious affiliation—should be eligible to serve in this role,” said a senior political analyst.
Could This Bill Pass?
The chances of the Bill passing remain uncertain, but the political landscape suggests it has a strong likelihood of gaining cross-party support. While religious issues can sometimes be divisive, there has been little opposition from major political parties so far. The focus is likely to be on whether such historical laws should continue to shape public appointments in 2025 and beyond.
Parliament is expected to debate the Bill in the coming months. If passed, it would represent a historic break from centuries of legal precedent and signal a broader shift toward religious inclusivity in the United Kingdom’s public institutions.
