LGBT History Month

Lloyd Russell-Moyle Excerpts

Thursday 2nd February 2023 Commons Chamber

[Dame Angela Eagle]

I thank my hon. Friend. I am not sure about him standing on my shoulders; I am not sure I could quite cope with that, but I understand absolutely the points he made and, unlike my response to them, they are very serious. They are a serious cause for concern and should concern everybody in this House.

Returning to the transformative work of the last Labour Government in this era, I recall that we needed to invoke the Parliament Act, no less, to equalise the age of consent in the face of massively ferocious opposition and ongoing vetoes from the House of Lords. This was the heavy lifting and it was done because it was the right thing to do. These progressive gains have made our society a better and more supportive place for everyone, and they finally allowed LGBT+ people to be respected and included and to enjoy equal rights before the law.

I see the effect of these gains especially in the increased visibility of LGBT+ people and their willingness to live their authentic lives in the open at last.

[Lloyd Russell-Moyle (Brighton, Kemptown) (Lab/Co-op)]

Does my hon. Friend agree that one of the real gains from being able to teach about LGBT people in schools is that young people—when I say “young” I probably mean those under 35 or under 40—in this country have a very low rate of problems with LGB and T people and they find many of the debates we are currently having on the roll-back completely bemusing, because for them it is just normal to have diversity in sexuality and gender?

[Dame Angela Eagle]

It is almost like my hon. Friend can read my mind—which is a slightly worrying prospect—because I am going to come on to make precisely that observation.

These gains have led to the increased visibility of LGBT people and confidence among our community for them to live their lives as they wish, in the open. I also see it in the recent census returns, which show an increased propensity of young people to define themselves as LGBT+ without the stigma that that label would have presented in the past. There are those who regard this as a bad thing and call it a “social contagion,” but I regard it as a welcome freeing of our society from oppressive norms which imprisoned people and narrowed their lives, depriving them of the chance to flourish and live their lives more truthfully.

None of this was easily accomplished. None of it happened automatically as if there was always going to be an inevitable progression from less enlightening times to a more enlightened present day. This progress was not inevitable. It had to be campaigned for; it had to be fought for; it had to be won. And it was won, often in the teeth of fierce opposition from the red-top tabloids and some in the Conservative party who put section 28 on the statute book and blighted the lives of generations of children—although I am glad to see that there has been progress there too, and I genuinely welcome Conservative Members to the ongoing fight to maintain and strengthen the gains we have made, because there is no doubt that there is a backlash, as my hon. Friend the Member for Cardiff South and Penarth (Stephen Doughty) pointed out, and a threat that we may go backwards here and in the rest of the world.

In the UK, we are approaching the 20th anniversary of the repeal of section 28, the 10th anniversary of the equal marriage Act and, incidentally, the 25th anniversary of my own coming out, but there are still things on our immediate to-do list. First, the Government must fulfil their pledge to legislate for a comprehensive ban on conversion therapy. That must include all LGBT+ people and not be rendered ineffective by either a religious or a consent loophole. For let us be in no doubt: conversion therapy is torture, it is inherently abusive and damaging, and five years after pledging action it is past time for this Government to act. I hope we can hear from the Minister in his response some indication of precisely how and when the Government will do that. I note the recent announcement of a draft Bill, which is welcome, but as yet there is no detail on when it might be enacted, or what it will actually consist of. As the delay lengthens, vulnerable LGBT+ people are left at risk of this unacceptable abuse.

Secondly, the Government should be tackling the rising tide of anti-LGBT+ hate crime. Currently in the UK, the atmosphere is becoming increasingly hostile, with a 42% increase in reported hate crime targeting sexual orientation and a 56% increase in the targeting of transgender people. Some of this is associated with the backlash I mentioned earlier, to which I will return. Some of it, I am sad to say, has been provoked deliberately by the disgraceful targeting and problematising of transgendered people by some members of the Government and their enablers in the press.

We are currently in the middle of a full-blown hysteria which targets transgender people using many of the tropes and smears which those of us who lived through the ’80s remember only too well being used against gay men and lesbians. Trans people, especially trans women, are disgracefully being portrayed as automatically predatory, inherently dangerous to women and children and somehow responsible for all the violence against women which plagues our society. That is an offensive caricature which does not bear relation to the truth.

The Prime Minister spent his leadership election campaign pledging to save, and I quote him, “our women” from the supposed threat of trans people, and we currently have an Equalities Minister—not the Minister opposite, the right hon. Member for Pudsey (Stuart Andrew), I hasten to add—who feels able to use the term trans women and predator in the same sentence, as if the two were somehow inherently the same. Although she appears to have lost the battle, it was reported that she wished to exclude trans people completely from the proposed ban on conversion therapy even though they are more likely than anyone else to be subjected to it.

For the record, I believe that the cause of equal rights best advances when the interests of all those who have suffered discrimination in the past advance. We advance together. There is no contradiction between LGBT+ rights and women’s rights that is not adequately covered in the Equality Act 2010. Trans rights which grant them respect and dignity are not a threat to anyone, and I say that as a lifelong feminist and a lesbian.

It is obvious that we are now in the midst of a well-organised global backlash against LGBT+ rights. It is well-funded, ferocious and potentially deadly for LGBT+ people. Its adherents range across the globe, from President Putin to Steve Bannon, from Viktor Orbán to ex-President Trump. Its aim is to reverse progress and, sadly, our own country is by no means immune to these global issues. The Government’s announcement of a review of those countries whose gender recognition certificates they will recognise is ominous, with rumours circulating that the Government are seeking to delist as many as 18 countries whose gender recognition certificates we currently accept. That is so that they can justify their use of section 35 of the Scotland Act 1998 to strike down the recently passed Scottish law on gender recognition. Surely the best way forward would be to have, not that confrontation, but a sensible discussion to find a way through. I urge the Government to reconsider their confrontational stance. I hope the rumours of delisting are not true and that the Minister can reassure us on that point, because such a move would take away existing rights.

Many countries are at risk of going backwards on LGBT+ rights. Russia legislated for a modern version of section 28 and then extended its so-called anti-LGBT+ propaganda laws across society. That follows the vicious persecution of LGBT+ people in Chechnya; legislation has been passed in Hungary, with so-called LGBT-free zones appearing across the country, and anti-LGBT law is also being passed in Ghana, accompanied by open persecution of LGBT+ people.

On that point, I wonder if the Minister might be able in his response to scotch persistent rumours that the Government are in the middle of trying to negotiate a Rwanda-style deal with Ghana. The implications of that for LGBT+ asylum seekers are too horrendous to contemplate, so I hope the Minister will be able to put all our minds at ease that that is not currently on the Government’s agenda.

--- Later in debate ---

[Elliot Colburn]

I agree entirely, and I commend my right hon. Friend for all the work he has done in paving the way for many of us in this place.

Let me now turn to some of the UK’s more recent history in this regard. As I said earlier, the decriminalisation of same-sex relationships in the UK finally occurred in 1967. By the turn of the century, LGBT people could serve in the armed forces and the age of consent had been equalised.

[Lloyd Russell-Moyle]

We should note, however, that when same-sex relationships between men were legalised it was due not to some euphoria about gay rights, but to a conservative view held in many quarters that we should look after these sorry, poor, gay individuals who were likely to be blackmailed. While that was a step forward, the transformation in people’s minds in relation to how to consider gay people took many more years. Are there not similarities with the way in which some people talk about trans people now? Perhaps we are on that journey as well.

[Elliot Colburn]

The hon. Gentleman is right. This was not a euphoric overnight decision in 1967 after which everything was OK; things took much longer. Of course, the circumstances were very different, but the hon. Gentleman has made an important point.

I was talking about some of our more recent successes. The passage of the Equality Act 2010 protected LGBT+ people from discrimination, harassment and victimisation in many areas of public life, and the Marriage (Same-Sex Couples) Act 2013 and equivalent legislation across the UK—passed in 2014 in Scotland and 2019 in Northern Ireland— finally enabled LGBT+ people to marry.

We have come so far, and it is easy to reel off a long list from the history of discrimination, but it is important not to forget the implications of that history. If many of us—here in the Chamber and outside it—had been born just a few heartbeats earlier, our lives would have been completely different, and would have been hell. That was the reality for millions of LGBT+ people throughout history—our history. We must never forget the struggle that they underwent, and the sacrifices that they made, to lead to the great advances that we enjoy today, but we should also remember that for too many people around the world, that struggle is still all too real. LGBT+ people are still criminalised and persecuted because of who they are and who they love in 67 countries across the world. Half of those are Commonwealth countries, where homophobic and transphobic laws and attitudes exported and implemented by the UK have still not been repealed.

There is hope, however: I want to emphasise that. Recent years have seen an increase in the decriminalisation of LGBT+ people. Just last year, same-sex activity was decriminalised in Antigua and Barbuda, Saint Kitts and Nevis, Singapore and Barbados, with many more countries likely to follow. Equal marriage legislation has progressed across the world, in countries including Cuba, Slovenia and Mexico last year. I look forward to visiting the Czech Parliament later this year: it is currently considering its own equal marriage legislation. Thirty-three countries now have equal marriage laws, which means that 1.35 billion people now have access to the joy that is marriage.

[Lloyd Russell-Moyle]

I thank the hon. Gentleman for giving way again; he is being very generous to me. Does he note with disappointment Bermuda’s repealing of same-sex marriage legislation, and this Government’s failure to intervene to prevent it despite their ability to do so? They did intervene to prevent Bermuda from legalising cannabis, so they have no problem with intervening, but they did not intervene on the human rights issue of same-sex marriage, which was such a disappointment.

[Elliot Colburn]

I agree that that is a great disappointment. It also harks back to the point made by the hon. Member for Wallasey about not taking rights for granted, and the fact that the fight for LGBT+ rights does not always move in a linear, A to B direction. There is always a struggle. We have to remember that and always be conscious of it, and the hon. Gentleman has given one such example.

India and Pakistan recently passed legislation supporting the protection of trans people against discrimination in education and healthcare. Further progress can be seen, with Cyprus, India, Canada, New Zealand and indeed the United Kingdom now considering banning conversion practices, or currently legislating for them. I want to go into a bit more detail on conversion therapy, because we have been talking about it for a long time.

A ban was first announced back in 2018, as part of the LGBT action plan. I welcome the announcement by the Secretary of State for Digital, Culture, Media and Sport, at the conclusion of our proceedings on the Online Safety Bill, that the Government intend to publish the Bill for pre-legislative scrutiny in the current parliamentary session, and that it will be trans-inclusive. However, I hope that the Minister will either be able to give us a bit more of a timeline today or commit himself to sharing that information with us soon, because we have been waiting for this for a long time. Pre-legislative scrutiny is a rare tool for Parliament to use. I understand why the Government wants to ensure that legislation is done well and done right—Parliament’s job is, after all, to produce good, well-worded legislation—but I sincerely hope the Government will not allow pre-legislative scrutiny to enable a watering down of the Bill, and I hope that we can have that commitment from the Minister.

I have one final thing to touch on—I realise that I am being very selfish with my time—which is the current discussion around the trans debate, gender recognition reform, the use of section 35 in Scotland, and the potential for delisting countries for acceptance of gender recognition certificates. The hon. Member for Wallasey put it very well indeed when she said that there seems to be hysteria around trans issues at the moment. Often, discussions on those issues have become so blown out of all proportion and so lacking in any fact that we have lost sight of what people are attempting to do.

Public opinion polls have shown that, overwhelmingly, the British people come at this issue from a position of compassion. We might not necessarily understand all the issues, we might not necessarily think that everything that some people propose is correct, but the British people are overwhelmingly compassionate in this space and really want Parliament to get a grip of what has become a very toxic public debate. This is a failure of this place to get to grips with difficult issues, to calm things down and to talk about issues on the basis of fact and move the conversation on.

We will not always agree—I know that. We have seen examples of that with the passage of the Gender Recognition Reform Bill in Scotland and the subsequent use of section 35. I do have concerns that there seems to have been a lack of discussion between Holyrood and Whitehall in the run-up to the passing of the Bill. I appreciate that it took a long time for all the amendments to be considered in the Scottish Parliament, but the Government have indicated that they are willing to accept a form of gender recognition reform Bill in Scotland if certain criteria are met. That is all well and good, but I do not think that it has been adequately explained exactly what that framework would look like—what the Bill would look like.

In my opinion, and in the opinion of many lawyers that we have received evidence from on the Women and Equalities Committee and beyond, the statement of reasons for the section 35 order are shaky. I worry about the Government going into legal proceedings—inevitable legal proceedings—against the Scottish Government not only because of the effect that will have on the Union and the constitution, but because it will bring trans people into a very public fight.

Again, I understand where the Government are coming from: they say that this is about procedure and not the policy itself. I hope that the Government and everybody in this House can understand the problem that many trans people have in believing that at the moment. It is because the talk about trans issues has become so toxic in Parliament, in the media and beyond. The idea that there is any sort of goodwill or benefit of the doubt that this is more to do with procedure and constitutional issues than trans people is hard to believe, whether or not it is true.