Cardinal O’Brien attacks ‘offensive’Act of Settlement

BY DAVID V BARRETT
THE ACT of Settlement, which forbids the British monarch to be a Catholic or to marry a Catholic should be scrapped, Cardinal Keith O’Brien of Edinburgh said on Monday.
The cardinal was addressing a “Summit on Sectarianism” hosted by Scotland’s First Minister, Jack McConnell.
Cardinal O’Brien quoted his predecessor Cardinal Winning on the Act of Settlement: “Its continued presence on the statute books is an offensive reminder to the whole Catholic community of a mentality which has no place in modern Britain.” Cardinal O’Brien also raised the issue last week when he welcomed the announcement that Prince Charles is to marry.
He said: “I am saddened to think that were Mrs Parker Bowles a Catholic the Prince of Wales would, by marrying her, automatically lose his right to accede to the throne – as would his heirs.
“As the Scottish Executive is currently quite rightly focusing attention on eradicating the blight of sectarianism the time may be opportune to assess the impact of existing blatant antiCatholic legislation and the extent to which its existence hinders progress in this effort.” In its archaic language, the Act of Settlement of 1701 states: “Provided always, and be it hereby enacted, that all and every person and persons, who shall or may take or inherit the said Crown, by virtue of the limitation of this present act, and is, are or shall be reconciled to, or shall hold communion with, the See or Church of Rome, or shall profess the popish religion, or shall marry a papist, shall be subject to such incapacities, as in such case or cases are by the said recited act provided, enacted, and established.” Or in plain English, neither the monarch, nor the heir to the throne, nor their spouse, may be a Catholic.
Monday’s “Summit on Sectarianism” was attended by clergy from the Catholic Church and the Church of Scotland. There were also representatives from Glasgow Rangers, the famously Protestant football club, and Celtic, their Catholic rivals. Cardinal O’Brien praised the work that is already being done to stamp out sectarianism in Scotland.
“Other forms of unjust discrimination can be manifest as anti-social behaviour and the [Scottish] Executive has made great efforts in tackling antisocial behaviour in our communities through recent legislation,” he said.
“It is consistent with that approach that various causes of anti-social behaviour be addressed. Today’s conference highlights an important strand in that work.” As well as calling for the repeal of “the offensive elements” of the Act of Settlement, Cardinal O’Brien proposed a sixpoint Charter of Religious Freedom. “The right to religious freedom is grounded in respect for human dignity,” he said.
Although many Westminster MPs as well as Scottish MSPs are in favour, at least in theory, of amending the Act of Settlement, on the grounds that it is anachronistic in today’s world, it is also accepted that to do so would not be straightforward.
It would not just affect United Kingdom legislation, with amendments necessary to at least eight separate Acts of Parliament; it would also have to be ratified by the parliaments of 15 Commonwealth countries.
There would also, inevitably, be ramifications regarding the monarch’s role as Supreme Governor of the Church of England.