Section 28 Repeal: 20th Anniversary

Stephen Doughty Excerpts

Wednesday 29th November 2023 Westminster Hall

[Mr Bradshaw]

I completely agree, and I will come on to talk a bit more about that in a second. Our first attempt to repeal section 28 in 2000 was thwarted in the House of Lords, but we eventually got it scrapped in the autumn of 2003—happy anniversary, everyone!

Repealing section 28 was part of a bonfire of discrimination and out-of-date laws applying to LGBT people. In my view, that was among the proudest and historically significant achievements of the Blair-Brown Governments. It included an equal age of consent, civil partnerships, an end to the ban on gays in the military, gay adoption, the ban on discrimination in the provision of goods and services, the Gender Recognition Act 2004 and the Equality Act 2010. What is more, those advances were not reversed by the Cameron, May or even Boris Johnson Governments, but in the past year or two there have been worrying signs of a renewed moral panic, fuelled, as in the 1980s, by powerful elements in the media and politicians who should know better, targeted particularly at transgender and non-binary people.

We are not alone. We only have to look at Republican states in America, Orbán’s Hungary or Meloni’s Italy to see LGBT people under sustained attack, but Britain’s fall from equalities leader to laggard has been dramatic. Until 2015, the UK was consistently ranked among the best countries in Europe to be LGBTQ+; this year, we have fallen to 17th.

[Stephen Doughty (Cardiff South and Penarth) (Lab/Co-op)]

I thank my right hon. Friend for securing this critically important debate, not least because I, too, grew up under section 28 and was not able to be open about my sexuality. I was an incredibly repressed, closeted young gay man, and I was not fully able to express that. That did huge amounts of harm to me and my peer group. Does he agree that there has not been backsliding in all parts of the UK? In fact, in Wales, where I grew up and where I am proud to represent a diverse community, we have a fully inclusive relationship and sexuality education curriculum that represents the full breadth and diversity of our communities and society and encourages respect in an age-appropriate and culturally appropriate way.

[Mr Bradshaw]

I completely agree with my hon. Friend. That is the difference a Labour Government make. I am sure some of our SNP colleagues will be making the same point about Scotland a little later.

The current Westminster Government have repeatedly broken their long-standing promise to ban the psychological abuse known as conversion therapy; they have abandoned the pledge made by the right hon. Member for Maidenhead (Mrs May) when she was Prime Minister to reform the gender recognition process; they have used spurious constitutional arguments to block Scotland’s democratically agreed gender recognition reforms; and they have threatened to repeal the Equality Act, in effect, to cancel trans people. Stonewall, our main LGBT charity, which was founded in response to section 28, faces a constant onslaught from the Government and their allies in the press. Unsurprisingly, in this atmosphere, hate crime against LGBT people has rocketed. Britain’s supposedly independent Equality and Human Rights Commission has been packed with political cronies and it is now being investigated by the United Nations. Ministers brief almost every week that they intend to reverse LGBT-inclusive sex and relationship education in schools—their modern-day equivalent of section 28.

--- Later in debate ---

[Stuart Andrew]

Unfortunately, I am. I thank all hon. Members for their contributions. We are marking two decades since the repeal of section 28, and even though there have been differing views, the tone of the debate has been respectful. I wish there was more of that when we have debates about this area of policy.

I, too, speak from personal experience as a gay man. The Britain of the ’80s and ’90s is a world away from the Britain we call home today. There is no way I would have come out in school in Anglesey, but it is great when I go round the constituency today and see young people proud of their sexuality and their identity.

I stood for election in Wrexham in 1997. Unfortunately —I have spoken about this before—just before the election campaign I was beaten up, and the press got hold of the story. I remember being frightened to admit that it was a gay bashing, and I tried to hide it. It was only a year later that I had the courage to stand up and say that it was because of my sexuality.

In 1988, when section 28 was introduced, only 11% of the public approved of same-sex relationships. Anti-LGBT sentiment was rife across society, schools and the workplace. LGBT people were all but invisible in the media, and I am sad to say that our politics harboured a great deal of the same prejudices.

The Britain of today is a nation transformed. Our cities, towns and counties annually play host to the colour and sounds of a hundred Pride parades. We are a nation of all kinds of families, of out and proud LGBT pupils and teachers, and of inclusive businesses. Our media, from sport to family programming, not only includes LGBT people but celebrates them. I take pride in the fact that this Parliament is the most LGBT Parliament in the world.

And yet, despite those great strides, the harmful legacy of section 28 lingers on. Through a combination of silence and fear, young LGBT people were denied knowledge of what healthy same-sex relationships looked like. They were denied information about how to keep themselves safe when embarking on future sexual relationships. Perhaps most painfully of all, everyone who was part of the LGBT community was marked as “other”. Teachers prohibited from discussing LGBT issues were themselves stifled and negatively affected by the policy, as we so movingly heard from the hon. Member for Llanelli (Dame Nia Griffith). Some were forced to remain in the closet for fear of the impact on their careers and others felt they had no choice but to leave education behind altogether.

The bullying of LGBT people all too often went unchallenged because of the chilling effects of section 28. Compounding that problem further was the lack of positive role models for young people. All but a handful of celebrities were closeted, and LGBT people were confined to the fringes of our media. I am glad to say that that has changed for the better in recent years. LGBT characters and stories are prominent across TV, streaming and books, and the impact of such stories on young people can be profound. To see your own journey and hopes reflected back at you in shows such as “Heartstopper” is both comforting and empowering.

But television is no replacement for formal education about healthy, consenting relationships and sex education. As a society, we have long understood that education is empowering and equips our young people with the tools to succeed, but it is vital that we also instil in them our values of tolerance and acceptance. In 2020, the LGBT-inclusive relationships, sex and health education was introduced in England, and in the vote on that a significant majority was in favour: 538 for and only 21 against. Today, primary-age students are taught the reality of modern Britain: that families come in all shapes and sizes. Some children have two mothers, some children have two fathers. This is a reflection of our diverse society, and of the importance of tolerance and respect in binding our nation together.

[Stephen Doughty]

The Minister is helpfully describing the type of inclusive education that we all want, but does he agree that there is a significant problem with groups—often some religious fundamentalist groups and others—spreading misinformation about what is actually taught in schools? Teachers do an excellent job in ensuring, in an age-appropriate way, that young people understand the inclusive society that we all live in.

[Stuart Andrew]

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.