Sexual Offences (Amendment) Bill

Part of the debate – in the Scottish Parliament at 4:18 pm on 19 January 2000.

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Photo of Andrew Wilson Andrew Wilson Scottish National Party 4:18, 19 January 2000

It is a privilege for me to welcome all three aspects of the bill, if not the details of its source. I am pleased to say that its proposals have been SNP policy for more than a decade—certainly as long as I have been a member of the SNP. I hope that that is welcomed around the chamber.

The debate has, in west of Scotland parlance, seemed all to the one side like Gourock; the quality and the consistency of argument have been on the SNP side. Some of the arguments that we have heard from the Conservatives have bordered on the bizarre, if you will forgive that description, Presiding Officer.

The biscuit was taken by Phil Gallie's claim that there could be a breach of trust with babysitters. How many people do members know who require babysitters for 16-year-olds? People at that age are old enough to get married or work. Perhaps we are still being babysat in the Gallie household. What does Phil say when he is at work—"I have to rush home for half five because the babysitter is due in"? That is a nonsense argument, but it has characterised the arguments we have heard from the Conservatives.

The real argument—the source of the intention behind this debate—is whether we agree with the principle in the motion: that the legal age of consent should be equalised. As Roseanna Cunningham rightly pointed out, we can argue about the age level if we wish—I feel that it should be 16, which I think is the age of maturity that this society has found—but we cannot argue about the inequality.

As Michael Matheson said in a debate last year, the words justice and equality are emblazoned on the very mace that confers legislative powers on this Parliament. Those principles should inform everything we do as a legislature.

I have heard no consistent arguments in favour of inequality in the age of consent. The burden of proof in this debate lies with the opponents of equality and justice, because the discrimination implied in the unequal ages of consent is unacceptable. Without equality, one section of society is left open to being criminalised for a victimless crime.

As Roseanna Cunningham has said—Jim Wallace agreed—the current legislation is contrary to the European convention on human rights. We are entirely out of step not just with the rest of Europe, but with the aspirations of any modern country going into the 21st century. In Scotland, we should be seeking to be the most equal, the fairest and the most civil society in Europe. That is an aim we have aspired to achieve by our efforts to have greater representation by women in this chamber.

I should tell the Conservatives that, on the continent, the age of consent has been equalised in Albania, Andorra, Turkey, Russia, Spain, Iceland, Ireland, Italy and Malta. Although many of those countries are not known for their adherence to principles of equality, they agree that equality is the modern position on this issue. It is absurd to go against not just the European mainstream, but the normal position for a normal country entering a new century.

This will be the first—and last—time I will argue that even the institution of Westminster has already voted democratically for this measure. Relying on the unelected House of Lords to delay a measure, then trying to delay it even more and, by doing so, copping out on the real debate, is an old-fashioned Conservative tactic. We were about seven minutes and thirty seconds into Mr Gallie's opening speech before he admitted his position, which is that he is opposed to equality and justice in this matter. That is entirely unacceptable.

What can anyone fear in the bill's three aspects? Non-consensual sexual relationships and breaches of trust in sexual relationships are still crimes; it will not be a crime for 16-year-old adults to have sexual relationships if there is absolute consent.