Andy Burnham, the United Kingdom’s first practising Catholic prime minister, has announced plans to change longstanding legislation that prevents Catholic and Jewish prime ministers from participating in the appointment of Church of England bishops. The laws, originally enacted in the 19th century to allow Catholics and Jews to hold public office, simultaneously prohibit them from advising the monarch on senior Church of England and Church of Scotland appointments—a responsibility traditionally performed by the prime minister.

Burnham described the existing legal framework as “antiquated and archaic” and deemed it unacceptable that a person’s faith should bar them from carrying out all official duties of their office. Since he must recuse himself from recommending appointments, the responsibility has currently been delegated to the Lord Chancellor, Alex Norris, as an interim measure. Burnham has pledged to introduce legislation at the earliest opportunity to eliminate this restriction and enable future prime ministers of any faith to fully participate in the appointment process.

The law’s origins date back to the 1820s and 1850s, during which time provisions were made to lift limitations on Catholics and Jews holding public office, but the prohibitions on involvement in Church appointments remained intact. The restriction applies specifically to the Church of England and Scotland, with no similar rules affecting other faiths. Hindu Prime Minister Rishi Sunak, for example, was able to take part in appointing bishops during his tenure due to this legal distinction. Non-believers and those of non-Christian faiths have also been exempt from these limitations, highlighting an inconsistency critics have said warrants reform.

Supporters of the change argue the law is outdated and inconsistent with contemporary standards of religious equality. Father George Reeves, a Church of England vicar, noted the anomaly whereby non-Anglican prime ministers of various faiths and beliefs could perform the duty, but a Catholic could not. Meanwhile, some opponents emphasize the Established Church’s unique constitutional status and caution against allowing non-Anglican leaders influence over its senior appointments. Former Conservative MP Alexander Stafford expressed concern that the change could undermine the Church of England’s established position in the country’s governance.

Historically, the prime minister’s role in the appointments process has become largely ceremonial. Since the time of former Prime Minister Gordon Brown, the Church has itself submitted preferred candidates directly to the monarch, reducing the evolution of the prime minister’s influence. The Archbishop of Canterbury, recently installed in March, reportedly welcomes the proposed change and anticipates no practical difference in the process.

Andy Burnham’s personal religious background has been publicly noted; although raised Catholic, he has described himself as not particularly religious in recent years. This forthcoming legislative change would formalize the removal of religious barriers linked to the prime ministerial role, aligning law with contemporary views on faith and public office.