Clause 67 - Sexual activity in a public lavatory

Part of Sexual Offences Bill [Lords] – in a Public Bill Committee at 3:00 pm on 18 September 2003.

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Photo of Paul Goggins Paul Goggins Parliamentary Under-Secretary, Home Office 3:00, 18 September 2003

We come now to the famous, or infamous, clause 67, which covers the offence of sexual activity in a public lavatory. When the issue was debated in the other House, the Government were defeated and clause 67 was inserted into the Bill.

The Government had a choice. We could have returned here with an amendment that would have knocked the clause out of the Bill. We have chosen not to do that. The Government amendments in this group are designed to make clause 67 workable and to remove the option of trial on indictment and the maximum penalty of two years imprisonment attached to it.

Clause 67 has a long and complex history, and I do not intend to go through it this afternoon. However, I shall make one thing clear: the Government's policy on sexual activity in public lavatories is that we are against it, lest there be any doubt about that. Toilets are built for other purposes, and those who want to use them for those purposes should be free to do so without having to witness sexual behaviour that ought properly to take place in private. It is unacceptable, whoever is engaging in it and whatever their sexual orientation. That has always been, and remains, the Government's policy. Section 5 of the Public Order Act 1986 and the common law offence of outraging public decency are capable of covering this behaviour where it causes harassment, alarm, distress or offence. We listened to those who argued that it was important that the law sent out a specific message that sexual activity in public toilets is illegal.