Boris can no longer pick bishops

If he does, he loses his job

The prime minister has married Carrie Symonds in Westminster Cathedral. They deserve our congratulations and best wishes for the future.

Westminster Cathedral

In a statement reported in today’s newspapers, a spokesman for the cathedral confirms that the bride and groom are parishioners and baptised Catholics.

That has led to interest in section 18 of the Roman Catholic Relief Act 1829, as amended, which says:

It shall not be lawful for any person professing the Roman Catholic religion directly or indirectly to advise his Majesty, or any person or persons holding or exercising the office of guardians of the United Kingdom, or of regent of the United Kingdom, under whatever name, style, or title such office may be constituted, or the lord lieutenant of Ireland, touching or concerning the appointment to or disposal of any office or preferment in the Church of England, or in the Church of Scotland; and if any such person shall offend in the premises he shall, being thereof convicted by due course of law, be deemed guilty of a high misdemeanor, and disabled for ever from holding any office, civil or military, under the Crown.

It is not only unlawful for Boris Johnson to advise the Queen on senior appointments to the Church of England. It has been unlawful from whenever the prime minister began to profess the Roman Catholic religion.

Updates

Some interesting responses on Twitter this morning. The last two quoted below — from Austen Ivereigh and Adrian Hilton — strike me as pretty authoritative.

Sunder Katwala @sundersays

There is no parallel prohibition on those who are Mormon or Muslim, Hindu or Sikh, Jewish or atheist, being involved in appointments. piece of specific anti-Catholic prejudice should have been removed from statute a long time ago.

Joshua Rozenberg @JoshuaRozenberg

Boris can no longer pick bishops: if he does, he loses his job. https://t.co/nN2BnuMPDB

May 30th 2021

2 Retweets8 Likes

David Pocklington @dnpocklington

@JoshuaRozenberg The Prime Minister’s choice of a bishop or archbishop has not been an issue since 2007 when Gordon Brown was PM; the first choice of the CNC is now always taken.

May 30th 2021

Matt C @chinmj

@dnpocklington @JoshuaRozenberg Does he not still advise the Crown? Advising the Crown to pick the one name on the list.

May 30th 2021

1 Like

Anthony C @ant__84

@JoshuaRozenberg Although presumably s. 3 HRA 1998, Article 9 ECHR require that the scope of this prohibition be given an extremely tight interpretation.

May 30th 2021

Jon Baldwin @jonjonbaldwin

@JoshuaRozenberg Really unlawful "since Boris was baptized"? Isn't it unlawful during any period in which he "professes" Catholicism?

May 30th 2021

1 Like

Colcestrian @Colcestrian

@JoshuaRozenberg The Catholic Church recognises all other Christian baptism so the question to be asked is when was he was received into the Catholic Church & confirmed .. from that moment he will have committed a crime if advising on ecclesiastical appointments .. the date and any breach are key

May 30th 2021

2 Likes

Austen Ivereigh @austeni

@JoshuaRozenberg He’s an Anglican unless and until he is received into the Catholic Church, which would in his case require the sacrament of Confirmation. Yesterday doesn’t change that.

May 30th 2021

1 Like

Adrian Hilton @Adrian_Hilton

Not entirely true. Gordon Brown's reforms to the appointment of bishops reduced No.10 to a postbox between the Crown Nominations Commission and the Supreme Governor. Lawyers will cavil over what 'advises' might mean in this context, but he wouldn't "pick bishops"; that's the CNC.

Joshua Rozenberg @JoshuaRozenberg

Boris can no longer pick bishops: if he does, he loses his job. https://t.co/nN2BnuMPDB

May 30th 2021

1 Retweet4 Likes

In view of Jon Baldwin’s comment, I have changed this:

It has been unlawful from whenever the prime minister was baptised.

to this:

It has been unlawful from whenever the prime minister began to profess the Roman Catholic religion.

I fully accept what Ivereigh says about the status of confirmation. But I find it hard to understand how a baptised Catholic who marries in a Roman Catholic church is not professing the Roman Catholic religion.

Even though it’s the practice of the prime minister to ask the Crown Nominations Commission to put forward only one name — which is then forwarded to the Queen — I stand by the headline to this piece. In my view, the prime minister is still indirectly advising Her Majesty by forwarding that name.

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