Section 28 Repeal: 20th Anniversary

Kirsten Oswald Excerpts

Wednesday 29th November 2023 Westminster Hall

[Kirsten Oswald (East Renfrewshire) (SNP)]

It is a pleasure to serve under your chairship, Mr Sharma. I am very happy to have the opportunity to speak in this important debate, and I am grateful to the right hon. Member for Exeter (Mr Bradshaw) for bringing it forward and for sharing his own experience. Even though I was an adult at the time and do remember it, it is almost impossible to think that, only 27 years ago, he had the experience that he outlined as a candidate in an election—it is horrific, and it is probably difficult to imagine because it is so horrific. That was not very long ago, and I am grateful that we are not in that place any more; the hon. Member for Darlington (Peter Gibson) obviously had a very different reality, and we can all applaud that.

We need to think back to how things were and to remember that it would, unfortunately, be very easy to find ourselves in that position again. The right hon. Member for Exeter talked about LGBT people simply asking for the same human rights as others and about how that caused a bit of a furore. Again, that is incredible, and it is difficult for us to comprehend. It is not much to ask, is it, that people should have the human rights that we all take for granted? That, however, is not what happened at the time, and public attitudes went into a swift reverse.

From listening to the other contributions, it seems that quite a lot of us in the Chamber are of a reasonably similar vintage. I have said before that there were no gay people at my school; obviously, there were, but it was not okay for anybody to say that at the time. That is a terrible thing. It is very different now, and my own children have a very different experience at their school. The public outlook, the outlook among young people and the way we talk about these things is very different. Not so long ago, that would have been impossible, and it would have been absolutely out of the question for their experience to have been anybody’s reality.

I think the statistic is that 75% of the public surveyed at the time said that it was “mostly or always wrong” to be gay. That is a pretty astonishing statement for people to be agreeing with in such numbers. We heard about the memorable episode of the storming of the news studio; I was watching the television that night—I was a schoolgirl—and it really did make an impression on me. This issue was not talked about, and we did not hear about it or really know what was going on—but we certainly did after that happened. I am not suggesting that we all go and storm news studios—not just now—but I am pointing out that it was very difficult for people to get into the news agenda and into the media to explain what these changes meant in reality. Again, I suspect that that is quite difficult for us to comprehend now.

We know that section 28 was never used to prosecute anyone, but it none the less caused horrendous harm, but I am worried about the way these issues can still cause people significant harm. I know that the Minister responding is very thoughtful on these issues, and I appreciate that we have travelled a distance, but I worry about some of the issues the right hon. Member for Exeter talked about, such as conversion therapy and gender recognition. It is very unedifying to think that deliberate culture wars and constitutional game playing can sometimes be fostered on some of these issues, which should not be played with like that—people’s lives are affected when politicians behave that way. The hon. Member for Bridgend (Dr Wallis) eloquently pointed out that, whoever a person is and whatever their views, it is never acceptable to abuse others. If we take that thought as widely as possible when discussing these issues, we will all be in a better place and better able to make sensible progress.

Like my hon. and learned Friend the Member for Edinburgh South West (Joanna Cherry), I am really proud that the repeal of section 28 was one of the first actions of the newly devolved Scottish Parliament. It is incredibly powerful to know that, because at the time we were in a very different place.

I looked at some interesting information from ASLEF, and one of the statements it made really struck me:

“In this 21st century, there was still a piece of legislation that made it illegal for any local authority department—including schools—to say it was okay to be lesbian or gay.”

Members should think about that: that was almost yesterday—it is a really short time since that changed. I also found a quote in the ASLEF information from someone who had been badly impacted. He said that he was made to feel he was “abnormal and inferior” and that he had been left with mental scars that he would carry forever. This issue has had a significant and profound impact on people.

It is important that we have noted that this all happened when the AIDS epidemic was all over the television—I am sure we all remember the public information films. Every single household got one of those “Don’t die of ignorance” leaflets. That all fed in, in a very unfortunate and deliberate way, to the terrible narrative the public were fed, stigmatising people with HIV and AIDS and promoting hatred of people who were gay or lesbian.

[Mr Bradshaw]

The hon. Lady just touched on an important point, which I omitted from my speech for time reasons. One of the great damages caused by section 28 at the time of the AIDS pandemic was that it prevented schools from giving vital public health information to young people about sexual relationships. That was probably the most heinous impact of it, because it had life and death consequences.

[Kirsten Oswald]

The right hon. Gentleman makes a very important point. The impact that that had, including on the wellbeing of young people, should not be underestimated. There was absolutely no way that schools could possibly deal with homophobic bullying, because they were not able to deal with this issue at all. From whatever angle you look at the wellbeing of young people, there was a huge issue, and its impact continues to this day. We should not pretend that no homophobic bullying goes on now, but we are in a very different climate, and it is at least possible to deal with it. That is profoundly important.

I would like to talk a bit about education and the “Time for Inclusive Education” campaign, which is a very positive education initiative in Scotland. It is vital that all our young people are afforded the opportunity to have proper, appropriate and wide-ranging inclusive education. It is part of who they are, and part of who everyone in the community is, that they will have relationships, and all those relationships need to have a grounding in being safe, being well and looking after one another. If we exclude parts of our young people’s communities from that, we are not doing the right job, because there is no place for homophobia, biphobia, transphobia or any other kind of bigotry in our schools—or anywhere else in society, for that matter. I therefore very much applaud the TIE campaign. I note that the hon. Member for Leeds North West (Alex Sobel) talked about his children’s attitudes to LGBT education; we are in a different place, and their world outlook is very different from the outlook he experienced when he was at school. That is very much my experience as well.

Some of the information I saw from the Law Society was very interesting. It was fascinating to look at some of the challenges its members had pointed out in terms of the impact the regulations had on their mental health and their professional development. This issue followed people beyond school and caused significant fear among many people about the impact it could have on their jobs, their family and their friendships, because it enabled the atmosphere to be so toxic. As we look at the way things are now and at how things have moved on, it is certainly to be applauded that we are in a very different place. It is important for all political parties to realise that we need to be clear and to be strong on these issues, and I am very proud of my party for taking a strong line on them. We need to have equality and we need to work for that.

Although we have that progress to be proud of, I do have concerns. Some of the narratives and some of the storm clouds that are gathering should cause us to worry. It is our job in Parliament to speak up and speak out to make sure we do not allow troubling and hateful attitudes to take hold. Although I am pleased with where we are, I would be grateful to hear where the Minister thinks we are. I am also keen to hear where he thinks the Conservative party is going on conversion practices and whether he appreciates the responsibility all of us here have to speak out without fear or favour.