Merchant Shipping (Homosexual Conduct) Bill

Part of the debate – in the House of Commons at 10:19 am on 20 January 2017.

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Photo of Craig Whittaker Craig Whittaker Conservative, Calder Valley 10:19, 20 January 2017

What my hon. Friend might not know about my past is that I grew up in Australia and my father was in the merchant navy. I am going back many years, but I know from some of the old seafaring stories he used to tell me when I was a much younger man that bullying in the navy, particularly the bullying of homosexual and bi people, was absolutely rife, which was totally unacceptable. I therefore absolutely agree that the conditions for LGBT personnel on merchant vessels are now far better than they were in the days when my father was in the merchant navy, but I dare say that the Bill will make those conditions even better.

The “Code of Conduct for the Merchant Navy” was approved in 2013. It was agreed between Nautilus International, the National Union of Rail, Maritime and Transport Workers and the UK Chamber of Shipping, and approved by the Maritime and Coastguard Agency. The code takes into account the unique nature of working on a merchant ship and the fact that seafaring is a civilian occupation that imposes on seafarers certain demands that are not found in land-based jobs. To pick up my hon. Friend’s intervention, one of the key aspects of working on a merchant vessel is that those doing so live and work together with their fellow colleagues, so if they do not get on and there is bullying and intimidation, there is far greater stress for those on the receiving end of the bullying, because of the confined environment of the ships they work on.

Furthermore, “Guidance on Eliminating Shipboard Harassment and Bullying”, which is produced by the International Chamber of Shipping and the International Transport Workers Federation, affirms the importance of eliminating discrimination in respect of employment and occupation. It states:

“All seafarers have the right to work without suffering harassment and bullying”.

It also outlines

“the serious consequences for the physical and emotional health of seafarers” subject to such bullying. The guidance makes it explicit that harassment and bullying based on a person’s sexual orientation is unacceptable, and sets out formal complaints and investigations procedures to ensure that all incidents of homophobic bullying are dealt with properly.

It is absolutely clear that the sentiment expressed in sections 146(4) and 147(3) of the 1994 Act is not shared by those in the shipping industry and is incompatible with their current policies, aims and values. The implication of the provisions as they currently stand—that being homosexual is incompatible with employment on merchant vessels—is outdated and unhelpful, so removing them and any possible ambiguity should be welcomed. Both the code of conduct and the guidance make it clear that LGBT people are welcome in the merchant navy. Any suggestion to the contrary is clearly wrong, and efforts to avoid any possible misunderstanding by removing such references from the statute book will, I am sure, receive the support of the industry.

There are a number of practical reasons for removing the sections and therefore for supporting the Bill. As several Members have already told me, doing so is also highly symbolic. In a sense, that aspect is arguably the most compelling reason for supporting the Bill. As I have outlined, legislation and Government policy relating to LGBT people have changed substantially during the past 50 years. However, the fact that we are discussing this issue today demonstrates that there is still a way to go.

Beginning with the Sexual Offences Act 1967, which decriminalised homosexual acts in private, we have witnessed many important milestones for LGBT rights over recent decades. I have already mentioned some of them, such as equalising the age of consent, removing the ban on serving in the armed forces and outlawing all other discrimination practices. Other measures implemented prior to 2010 include, but are not limited to, the repeal of section 28 of the Local Government Act 1988, the right of same-sex couples to adopt children, and civil partnership legislation.

Since 2010, there have been further measures to enhance LGBT equality, as well as a consistent desire from the Government to tackle any remaining prejudices and discrimination. As my hon. Friend the Member for Salisbury said, £2.8 million has been made available to tackle homophobic, biphobic and transphobic bullying in primary and secondary schools in England as part of a three-year project that will finish in March 2019. The Government have worked alongside LGBT organisations to combat online abuse and harassment through the launch of the Stop Online Abuse website. Sport England has been asked to ensure that the involvement of LGBT people in sport receives an equal emphasis as part of its efforts to encourage wider involvement in sport.

Furthermore, for those who doubt how far we have come in a relatively short period, it is worth reflecting on the fact that our armed forces came second in the world’s first league table of the most LGBT-friendly militaries in the world in 2014, 14 years after the ban on serving in the military was formally overturned. We now have the Women and Equalities Committee, which is able to hold the Government to account on their approach to these issues. We have seen the development of the world’s first LGBT action plan produced by Government, and a number of measures to address the specific challenges that trans people face in their everyday lives.

The Government have also built on the posthumous pardon of Alan Turing with their announcement in October that those convicted for consensual same-sex relationships before the change in the law would be formally pardoned through an amendment to the Policing and Crime Bill. However, the most high-profile measure was the introduction of marriage for same-sex couples. The latest figures for England and Wales suggest that, since the first same-sex marriages took place in March 2014, over 15,000 marriages were recorded in the 15 months following the change in the law. The total figure will now be somewhat higher.

Sadly, we cannot change the events of the past or the discrimination and prejudice that LGBT people often experienced in society. We can, however, change the present. We can seek to tackle discrimination and intolerance where it still exists, and we can lead by example in this House when it comes to challenging legislation that is plainly inappropriate and inconsistent with the values that we hold today. For obvious reasons, approving this Bill will not generate the headlines that many of the legislative changes of the past have generated, and nor will it be remembered in the same way, but it is symbolic none the less. Its purpose is very much in keeping with the other legal and policy developments and changes within society that have radically improved LGBT rights over the past 50 years.

The Bill must be seen through the prism of that changing landscape. It is a small but important change to ensure that LGBT people are protected from discrimination in the workplace. If the Bill is passed, it will no doubt be seen in years to come as part the gradual journey of improving LGBT rights in this country and of ending the historical prejudice that LGBT people have experienced. I am pleased to have been able to contribute to the debate, and I am pleased to support the Bill.