LGBT History Month

Stephen Doughty Excerpts

Thursday 2nd February 2023 Commons Chamber

[Dame Angela Eagle (Wallasey) (Lab)]

I beg to move,

That this House has considered LGBT history month.

It gives me great pleasure to open this debate. The beginning of this year’s LGBT history month gives the House a timely opportunity to consider the progress that we have made as a country in guaranteeing respect and freedom from discrimination for our diverse communities. It also gives us a chance to look at the progress, and sometimes the lack of progress, in the rest of the world. The all-party parliamentary group on global LGBT rights, which I co-chair with the hon. Member for Carshalton and Wallington (Elliot Colburn), who is in his place, is especially concerned with that global aspect.

Here in the UK, we have come a long way from the dark days when homosexuality was criminalised and LGBT people were forced by the prejudice in society to live their lives underground, constantly in fear of being discovered, mocked, blackmailed and punished. It gives me great pride to stand in what has been described as the gayest Parliament in the world—perhaps that is the law of unintended consequences. If I had been told on my first day in this place more than 30 years ago that we would have achieved this much progress during my membership of the House, I would scarcely have believed it, although I would have been very happy.

I am particularly proud of the role that the last Labour Government played in ridding the statute book of discriminatory anti-LGBT legislation. We did that not only in the area of outdated sexual offences, but in the workplace and in equal access to the provision of goods and services across our society. The battle to repeal the odious and harmful section 28 was particularly hard fought, but its removal was an essential requisite if we were to begin to rebuild the safety and wellbeing of LGBT+ pupils in our schools, which had been destroyed by that piece of prejudice masquerading as legislation.

This morning, it gave me great pleasure to do an interview about those doughty abseiling lesbians who dropped themselves into the House of Lords 35 years ago today. They waited until the Lords had voted to include section 28 in the Bill; they did allow the debate to go on before they made their protest. They smuggled in a washing line from Clapham market under one of their donkey jackets. People like that who fight for LGBT rights when they are under the most attack are our heroines in the liberation movement.

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

I pay tribute to my hon. Friend for her personal role in many of those struggles over so many years. We all stand on the shoulders of that today, but does she share my deep concern that, despite all that fantastic progress, there is a reversion in a number of areas? There is currently a petition before this House suggesting we should go back to the dark days of section 28, we see daily attacks on the trans and non-binary community, and in last year’s figures we saw the sharpest rise in hate crime against people on the basis of their gender identity and sexuality.

--- Later in debate ---

[Elliot Colburn]

I am always happy to be commentated on by the hon. Member—but I digress.

Despite the absence of laws criminalising same-sex relations, many countries still impose restrictions on LGBT people in other ways. The legal position on homosexuality softened in the 19th century with the more progressive and modern move—some might say—from “punishable by death” to just life imprisonment. The lack of sufficient evidence to convict all those suspected of having engaged in homosexual activity led to the introduction of the “blackmailer’s charter”, which criminalised gross indecency between men. That was the legislation under which many people, including Oscar Wilde and Alan Turing, were convicted, and it also affected transgender people.

The prohibition against cross-dressing started to take off during the 19th century, and to this day at least 15 jurisdictions across Africa, Asia and the middle east still impose criminal sanctions against people whose gender expression does not align with their sex assigned at birth. In the early 20th century, Australia introduced legislation specifically to criminalise sexual acts between men, which directly influenced legislation in many other countries including Nigeria, Tanzania and Uganda.

“Gross indecency”, as defined in law, was limited to men until the 1920s, when people discovered that lesbians existed. English lawmakers identified an anomaly in the law, and attempted to criminalise same-sex relationships between women. Fortunately those attempts failed, but the damage had already been done internationally, and many former British colonies went ahead and adopted the criminalisation of lesbianism. Today—this was a point made very ably by my friend the hon. Member for Wallasey—at least 43 countries continue to criminalise sexual activity between women. Some do so explicitly by criminalising intimacy, while others do so through other gender-neutral provisions.

[Stephen Doughty]

The hon. Gentleman is making some extremely important points. Does he agree that it is a tragedy that countries that stood up against colonialism and imperialism are seeking to entrench what were colonial and imperialist exports of this country through the criminalisation of those very people?

[Elliot Colburn]

The hon. Member makes an excellent point, and I absolutely agree with him.

--- Later in debate ---

[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.

[Stephen Doughty]

The hon. Member is making some very important points. Does he agree that one thing that we can all do in this place, across the House, is speak to and listen to trans and non-binary people? Quite frankly, much of the debate that goes on is about people without our having listened to them and their lived experiences.