Local Government Bill [H.L.]

Part of the debate – in the House of Lords at 4:15 pm on 7 February 2000.

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Photo of Lord Davies of Coity Lord Davies of Coity Labour 4:15, 7 February 2000

It was not so long ago that I spoke in this Chamber opposing the reduction in the age of consent. The view that I take on the issue before us today is the same as I took then; that is, to protect the interests of young people and children and to do nothing whatever to increase the level of risk to which they are exposed, even if that risk is small and acknowledging that there will be no effect on the vast majority whether Section 28 is in place or not.

My one regret is that whereas on the question on the age of consent the Government allowed a free vote, on this issue they have not. That regret applies equally in respect of the party opposite whose action--despite it having "Whipped" in a way that coincides with how I shall vote--I believe to be wrong. I say that because I believe this to be a question of conscience, a moral issue and not a political one.

I know that there are those who claim that this is a political issue. They are entitled to that view. However, I do not share it. It came as a great surprise to me when the Government--whom I unequivocally support, and for whom I did as much as I could to bring to power--decided, very late on, to apply a three-line Whip, probably, in part at least, influenced by the fact that the Conservative Party had already taken the decision to apply a three-line Whip.

It is not my intention to repeat the arguments I advanced previously, important as I feel they are. I want to draw the attention of the Committee, very briefly, to a few points which I feel are directly relevant to Section 28.

Section 403 of the Education Act 1996 states that where sex education is given it should be,

"in such a manner as to encourage those pupils to have due regard to moral considerations and the value of family life".

I agree with that--I believe that the vast majority of people agree with that--and nothing in Section 28 cuts across that approach.

I understand that the proposed new guidance will clearly set out that children should be taught about the importance and nature of marriage and family life in bringing up children. I welcome that. But, again, nothing in Section 28 prevents that. One would have thought that it reinforces it. I also understand that the guidance will stress that marriage and the family are the key building blocks of the community and of society; it will also make clear that it is not the job of teachers to promote a particular sexual orientation, that teachers will not be promoting homosexual relationships. Finally, the guidance will ensure that teachers are in a position to offer information and support to all young people as they develop into adults and to address incidents of homophobic bullying. I agree with all of that--but I cannot see the justification for repealing Section 28 in the process.

I feel that, whether or not we like it, we cannot ignore the perception that the British people have of the issue and of what they understand Section 28 reflects. The British people that we represent see the issue as this: those who seek the repeal of Section 28 support the promotion of homosexuality, whereas those who oppose the repeal of Section 28 are against the promotion of homosexuality. Of course we know that, as in most things, the issue is not as simple and as clear-cut as that--but I believe that that is the perception of most people. I fear that to ignore that perception can work only to the disadvantage of the Government, of whom I want to see in power for at least--