Written evidence from The National Secular Society (CDR 14)

Public Administration and Constitutional Affairs Committee The Government’s Constitution, Democracy and Rights Commission

1. Introduction

1.1. The National Secular Society (NSS) is a not-for-profit, non-governmental organisation founded in 1866, funded by its members and by donations. We advocate for separation of religion and state and promote as the best means of creating a society in which people of all religions and none can live together fairly and cohesively. We seek a diverse society where all are free to practise their faith, change it, or to have no faith at all. We uphold the universality of individual human rights, which should never be overridden on the grounds of religion, tradition or culture.

1.2. In a secular democracy all citizens are equal before the law and parliament. No religious or political affiliation gives advantages or disadvantages and religious believers are citizens with the same rights and obligations as anyone else. In the 21st century no religion should be granted a privileged position.

1.3. We welcome the opportunity to submit evidence regarding setting up a “Constitution, Democracy & Rights Commission”. We agree with many of the sentiments expressed in oral evidence given to the Committee1: that there is a lack of public trust in parliamentary institutions, and that significant work is needed to reform it for greater suitability for the 21st century.

2. The role of the : Abolishing the ‘Bishops’ Bench’

2.1. We understand that the Commission would like to focus on the role of the House of Lords. We believe any discussion about modernising the House of Lords must include an examination of the ‘Bishops’ Bench’ and its abolition.

2.2. Two archbishops and 24 bishops of the (‘’) sit alongside peers in the House of Lords as of right. The is unique among Western democracies in giving representatives of religious groups automatic seats in its legislature. Only two other countries involve religious clerics in law- making: Vatican City, and Iran.

2.3. The bishops have the right to vote and debate, and have a privileged position from which to exert inappropriate influence on our national way of life. They have acquired

1 https://committees.parliament.uk/oralevidence/982/default/ National Secular Society List of Issues Prior to Reporting 2

this right solely by virtue of their position in the hierarchy of one particular Church which is ever-decreasing in formal membership.

2.4. Opinion polls consistently reveal the Bishops' Bench to be distinctly unpopular:

- The public's least favoured candidates for appointment to the House of Lords are religious representatives.2

- 62% of think that no religious clerics should have an automatic right to seats in the House of Lords. Only 8% of people said the bishops should retain their seats.3

- Three-quarters of the public and 70% of Christians believe it is wrong for bishops to have reserved places in the House of Lords.4

- Panelbase asked an online sample of 2,016 adult Britons in 2018 whether clerics, priests, and clergy should make laws. The overwhelming majority of respondents (78%) disagreed that they should be so involved, peaking at 85% of Conservative voters and 89% of over-55s, while only 10% agreed, with 13% uncertain.5

2.5. No measures of Anglican attendance or observance give a figure of sufficient value that would present the Church of England as anything other than a small minority interest:

- The number of British people who identify as Church of England has halved since 2002. In 2002, 31% of Brits said they belong to the Church of England. In 2019, just 12% of Britons were affiliated to the Church of England.6

- Just 1% of 18-24 year olds say they belong to the Church of England.7

- Less than 2% of the population regularly attend Church of England church services.8

- According to Religious Trends, a comprehensive statistical analysis of religious practice and observance in the UK published by Christian Research, the projected total church attendance in Britain by 2050 will have declined to 899,000, of which Anglicans would comprise less than 100,0006.9

2 http://cdn.yougov.com/today_uk_import/YG-Archives-pol-charter88-HouseLords-030122.pdf 3 https://www.thetimes.co.uk/edition/news/public-want-religion-kept-out-of-politics-t3rk055cx 4 http://www.brin.ac.uk/2010/religion-in-public-life-another-poll/ 5 https://www.drg.global/wp-content/uploads/W12994-Constitution-Full-Tables-for-publication-191118-1.pdf 6 http://www.bsa.natcen.ac.uk/latest-report/british-social-attitudes-35/key-findings.aspx 7 http://www.bsa.natcen.ac.uk/latest-report/british-social-attitudes-35/key-findings.aspx 8 https://www.churchofengland.org/media/18763 9 Religious Trends 7, 2007/2008 publ by Christian Research Table 12.6.2 National Secular Society List of Issues Prior to Reporting 3

- Christians now constitute a minority in England, Scotland and Wales, while in Wales and Scotland the majority have no religion.10

- Only 6% of adults in Britain are practising Christians, and very few of them decided to become Christians during adulthood.11

2.6. It is commonly argued that the bishops bring a unique 'ethical and spiritual insight' to the affairs of Parliament and so speak for all believers, not just Christians, and unbelievers too. This is not borne out by evidence and even the bishops' claims to represent the views of their own ordinary church members are highly suspect. The idea that bishops or any other religious leaders have any monopoly on issues of morality is offensive to many UK citizens. This is made more so by continuing revelations over the role of the Church's hierarchy in appearing to cover up child abuse12 and their continuing institutional homophobia.

2.7. A mechanism already exists for the Bishops’ Bench to be abolished, in the form of a private members’ bill presented by Lord Taverne QC in January, which would end the automatic right of Church of England bishops to sit in the House of Lords.13

3. Disestablishment of the Church of England

3.1. The presence of the Bishops’ Bench is a result of a more fundamental issue: the status of the Church of England as a state religion. It is inappropriate, anachronistic and undemocratic to have any 'national religion', and we believe a separation of church and state would be best for both.

3.2. The existence of a legally-enshrined, national religion and established church privileges one part of the population, one institution, and one set of beliefs. Disestablishment is right in principle and would be more representative of the changing landscape of religion and belief in the UK.

3.3. A national religion which retains archaic and unjust privileges is iniquitous to the rest of the population – the majority of which do not attend services of the Church of England, as outlined above.

10https://www.ons.gov.uk/peoplepopulationandcommunity/culturalidentity/religion/adhocs/12137religionbysexand agegroupgreatbritainjanuarytodecember2019 11 http://www.comresglobal.com/wp-content/uploads/2017/09/Church-of-England-Church-Mapping-Survey-Data- Tables.pdf 12 https://www.secularism.org.uk/news/2020/10/coe-put-its-reputation-before-child-protection-abuse-inquiry-finds 13 House of Lords (Removal of Bishops) Bill [HL] 2019-21 https://services.parliament.uk/bills/2019- 21/houseoflordsremovalofbishops.html National Secular Society List of Issues Prior to Reporting 4

3.4. Research suggests there is public support for disestablishment. Over 50% of Britons believe state and church should be separate,14 and more oppose than support the idea of the UK having an official state religion.15

3.5. Disestablishment is also supported by some C of E clergy: One in seven clerics would support full disestablishment of the Church of England and three in 10 said it should retain only “some aspects" of its current status with formal ties to the state.16 Those sympathetic to disestablishment within the church include former Archbishop of Canterbury Rowan Williams, who has argued that there is a “certain integrity” to a church that was free from state sanctions.17 The current Archbishop of Canterbury has said it should be “a decision for parliament and people”.18

3.6. For more information please see our 2017 report, Separating Church and State: The Case for Disestablishment.19

4. A secular head of state

4.1. The British monarch, as well as being Head of State, also holds the title ‘Defender of the Faith and Supreme Governor of the Church of England’. Under current laws, the monarch is required to “join in communion” with the Church of England and take on the role of Supreme Governor, promoting Anglicanism in Britain.20

4.2. No head of state, be they monarch or not, should promote an official religious preference, far less be under a formal obligation to sustain one. For this reason, our vision for secular democracy includes an end to the ties between our Head of State and the Church of England.

4.3. Most of the world's countries allow citizens of any religious affiliation to be head of state. But UK law dictates that the British monarch must also be a full, confirmed member of the Church of England. And despite dwindling congregations, the monarch must also promise to maintain the Church of England in their coronation oath, and to preserve the Church of Scotland at the meeting of the Privy Council immediately following their accession.

14 https://www.prospectmagazine.co.uk/magazine/church-of-england-drop-religion-take-up- politics#.UqljSdJdWLg 15 https://www.ipsos.com/ipsos-mori/en-uk/religious-and-social-attitudes-uk-christians-2011

16 http://cdn.yougov.com/cumulus_uploads/document/5f5s31fk47/Results-for-Anglican-Clergy-Survey- 08092014.pdf 17 https://www.theguardian.com/world/2008/dec/18/rowan-williams-anglican-disestablishment-muppets 18 https://www.theguardian.com/world/2018/may/18/justin-welby-separation-of-church-and-state-not-a-disaster 19 https://www.secularism.org.uk/uploads/nss-disestablishment-report-2017.pdf 20 https://www.legislation.gov.uk/aep/Will3/12-13/2/contents National Secular Society List of Issues Prior to Reporting 5

4.4. The British monarch's coronation reinforces the privileged position of the Church of England. The Church has a key role in the coronation of a new monarch, who is crowned and anointed by the Archbishop of Canterbury during an Anglican coronation ceremony held in Westminster Abbey.

4.5. The UK is the only democracy to have such an explicitly Christian ceremony for its head of state's accession, with the monarch pledging to maintain the “Laws of God”. It also has sectarian anti-Catholic overtones. If the monarch declares an allegiance to, and indeed preferential status for, only one religion (as happens at the coronation), it renders everyone who is not of that religion to be less than full citizens.

4.6. It should also be noted that Catholics are explicitly excluded from becoming the monarch. Catholics are officially termed as being “naturally dead and deemed to be dead” in terms of succession, according to the Succession to the Crown Act 2013.21

4.7. If British monarchs are to continue acting as Head of State, they should relinquish the role of head of Church in order to end the unfair privilege afforded to the Church of England, and to retain their relevancy in modern UK society.

5. Abolishing parliamentary prayers and judges’ services

5.1. Sittings in both the House of Commons and the Lords begin with Anglican prayers. This is an exclusionary and inappropriate use of parliament’s time. Parliament should be conducted in a manner equally welcoming to all attendees, irrespective of their personal beliefs.

5.2. Attending prayers is not always optional. When the Chamber is at its busiest, parliamentary prayers act as a bizarre and antiquated seat reservation system, and even MPs and peers who are slated to speak have no option but to attend prayers in order to reserve a seat.

5.3. Many parliamentarians have expressed frustration at the imposition of prayers. In 2019 MP tabled an Early Day Motion to end parliamentary prayers, which attracted support from representatives of Conservatives, Labour, Lib Dems, SNP and the Green Party, as well as an independent MP.22

5.4. In 2020 Blunt also raised a point of order calling for a review of the practice of holding parliamentary prayers after being effectively forced to attend in order to reserve a seat for prime minister's questions.23

21 https://www.legislation.gov.uk/ukpga/2013/20/contents/enacted 22 EDM (Early Day Motion)1967: tabled on 11 January 2019 https://edm.parliament.uk/early-day- motion/52446/parliamentary-prayers 23 https://www.secularism.org.uk/news/2020/01/calls-for-parliamentary-prayers-review-after-mp-compelled-to- National Secular Society List of Issues Prior to Reporting 6

5.5. We also think the annual tradition of holding Anglican church services for judges to ‘pray for guidance’ in their official capacity should be abolished. Not only is the judges' service incompatible with the generally accepted objective of achieving and demonstrating diversity in the judiciary, it also raises serious questions about the perception of neutrality and independence of the judiciary. The service perpetuates the medieval belief that church and state are closely intertwined, and serves only to privilege the Church of England. Additionally, the services are an unnecessary burden on the taxpayer.

6. Judicial Review

6.1. We have on occasion assisted members of the public to challenge discrimination by way of judicial review. We agree with the Law Society that the judicial review mechanism has a “vital place in the UK’s constitutional balance of powers.”24

6.2. We regard the judicial review process as an essential element of democracy and vital promoting and protecting human rights. Individuals who have been negatively affected by public bodies’ decisions must have the right to challenge those decisions in the courts. Any addition restrictions on the right to judicial review will undermine trust in state institutions and public decision-making.

7. A secular approach to other areas in public life

7.1. Largely as a result of having an established church, there are many aspects of life in the UK where religion and state are unjustifiably intertwined, and where religion occupies a privileged position to the detriment of democratic principles of equality and pluralism.

7.2. We campaign for a secular approach to all areas of public life. A secular outlook does not mean an atheist one; it simply means one in which all people, regardless of religion or belief, are treated equally, and the state is neutral on all religious matters. The USA, France, Japan and other successful democracies have this principle of secularism embedded in their constitutions. Our Secular Charter outlines our vision for secular democracy; it can be viewed at www.secularism.org.uk/the-secular-charter.html.

7.3. A more comprehensive exploration of our vision for secular democracy in the UK can be found in Rethinking religion and belief in public life: a manifesto for change, which can be viewed at www.secularism.org.uk/rethinking-religion-and-belief-i.html.

attend 24 https://www.lawsociety.org.uk/campaigns/consultation-responses/independent-review-of-administrative-law- call-for-evidence-law-society-response National Secular Society List of Issues Prior to Reporting 7

November 2020