Section 28 Repeal: 20th Anniversary Debate

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Department: Department for Business and Trade

Section 28 Repeal: 20th Anniversary

Peter Gibson Excerpts
Wednesday 29th November 2023

(5 months, 2 weeks ago)

Westminster Hall
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Peter Gibson Portrait Peter Gibson (Darlington) (Con)
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It is a pleasure to serve under your chairmanship, Mr Sharma, and I congratulate the right hon. Member for Exeter (Mr Bradshaw) on securing this important debate. It is with great sadness that I heard the story of his election and the homophobia he experienced. I am pleased to say that I experienced no homophobia when I was selected as an out gay man, which I take as a sign of the progress we have experienced as a society.

I was a child who grew up in the 1980s. Although I was not aware of the political backdrop to the section 28 debate, being out and gay at school was unimaginable at the time. We are here today to mark and celebrate the removal of section 28. While it was never used to prosecute anyone, it sent a signal to the gay community that we were “others”, excluded and not part of normal society. Thankfully, the world has moved on and my party has many out MPs, out parliamentary candidates and out Government Ministers. Being gay in our party is now, thankfully, no longer a barrier to progression.

However, despite the legislation being consigned to the dustbin over two decades ago, there is not a gay Conservative who does not feel disappointment and anger at how we were excluded, and I am thankful that it is gone. Both main political parties have moved our society on through, among other things, the equal age of consent, civil partnerships—I celebrated my own some 15 years ago—equal marriage, progress on tackling HIV, availability of PrEP, the Prime Minister’s recent apology at the Dispatch Box to our LGBT veterans and his acceptance of the recommendations of the Etherton report.

Although I am full of praise for how much my party has achieved, and for parliamentarians who have helped in these struggles, we should be mindful of the challenges we still face: the need for a full ban on conversion practices, the rising tide of homophobic and transphobic attacks, wider access to PrEP and safer sex messaging for young people, and a continued push for greater opt-out HIV testing. The increasing celebration of LGBT people in our society is positive, but we must not forget that dark forces are still present and oppose further progress—dark forces that, shockingly, still wrap themselves in religion.

Having recently travelled to Ghana, where the dreadful anti-LGBT legislation under consideration is driving the LGBT community underground and offers conversion abuse as a get-out-of-jail option, I know there remains much to do around the world. Given that there are over 70 countries in the world where it is illegal to be gay—in some places, it can result in a death sentence—there remains much still to do. This Parliament, with its out and proud gay, lesbian, bi and trans MPs, can and should continue to be a light to others.

--- Later in debate ---
Stuart Andrew Portrait Stuart Andrew
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The hon. Gentleman is right. We have to make sure that what we are talking about are facts, not descriptions of things that are not happening just to try to advance a fear.

Older students in their final years of secondary education are also taught the importance of healthy relationships and of consent and safe sex, ensuring that all our young people, regardless of their sexual orientation, are given the knowledge they need to keep themselves safe and healthy. As colleagues will be aware, a review of the statutory guidance on relationships, sex and health education is under way. The review is looking at whether the coverage of the statutory guidance is right, in terms of ensuring that teaching is safe and age-appropriate, making sure it is based on the facts and seeing whether it can be strengthened on certain topics such as suicide prevention and the dangers of vaping.

We expect to release the draft statutory guidance as soon as possible. It will then be open to a public consultation. Following the consultation, a decision will be made about any new or revised contents to be included in the guidance, including the use of resources and whether any further action would be appropriate, with revised guidance to be published in 2024. It is important that all material is factual and age appropriate.

The UK is concerned by the introduction of any legislation that restricts the teaching of the aforementioned age-appropriate relationship and sexual education. The UK deeply regrets introducing similar discriminatory legislation in the form of section 28 in 1988. It was wrong then, and it is wrong now. It is clear that such legislation had a profoundly negative effect on the physical and mental wellbeing of LGBT people, and it was rightly repealed across the UK in 2003. We encourage other countries not to repeat the mistakes of history.

In addition to ensuring that future generations are well equipped with knowledge, we must ensure that they are also safe to be themselves. We believe that no one in this country should be harmed or harassed for who they are. Attempts at so-called conversion therapy or conversion practices to change someone else due to a wrongful belief that a certain identity is preferable are, frankly, abhorrent.

Peter Gibson Portrait Peter Gibson
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The Minister is a huge advocate for our community represented in this debate today. May I put on the record my frustration, anger and disappointment that we have had repeated promises for almost 11 months now? We have heard “nearly”, or “just soon” or “coming around the corner”. We need to see this ban. Many Conservative Members have campaigned vigorously on this issue since we were elected in 2019, and I hope the Minister can say something positive to leave us all with some hope today.

Stuart Andrew Portrait Stuart Andrew
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I am grateful to my hon. Friend. I am just scribbling out the word “soon” and putting—