Merchant Shipping (Homosexual Conduct) Bill

Tom Pursglove Excerpts

2nd reading: House of Commons
Friday 20th January 2017 Commons Chamber

[Tom Pursglove (Corby) (Con)]

It seems to be becoming a habit for me to follow my hon. Friend the Member for Aldridge-Brownhills (Wendy Morton), who gave a strong and thorough background to the Bill. I congratulate my hon. Friend the Member for Salisbury (John Glen) on introducing the Bill. He is a diligent and hard-working Member, as was demonstrated in his speech today and in the work that he has done in preparing the Bill. He set out immaculately the case for why the House should support its Second Reading.

I am from a generation that finds it difficult to comprehend how we are in the position of needing to debate a Bill such as this. We are lucky to have grown up in this country at a time of increasing tolerance and increasingly cohesive communities, in which we respect and embrace differences and look out for one another. We appreciate and value that in our society. It is difficult to understand why the Criminal Justice and Public Order Act 1994 could lead to a seafarer on a UK-registered merchant navy vessel being dismissed for an act of homosexuality.

I am pleased that the Government have a proud record of promoting equal rights, and I understand from the contributions today that the Equality Act 2010 means that sections 146(4) and 147(3) of the 1994 Act no longer apply in reality. My hon. Friend got to the heart of the issue early in his remarks when he said that when we employ people, we should not worry about anything other than their abilities and getting the best person for the job. That should apply to every walk of life and every job in this country.

[Craig Whittaker]

I appreciate both points that my hon. Friend has made—about how his generation cannot comprehend some of the things that have happened in the past, and about equality in employing people.

Does my hon. Friend agree that we are in a dangerous situation in our country? Hate crime is on the increase, as is anti-Semitism—particularly in our universities—and we must do everything we can to stamp down on such behaviours.

[Tom Pursglove]

My hon. Friend is absolutely right. This is the most tolerant country in the world, and it must remain so. I am lucky—I grew up in Wellingborough, in Northamptonshire, where we have incredibly cohesive communities. People from all different faiths and backgrounds come together, rub along well and look out for one another. I want every single community in this country to be like that, and where there are differences we need to work on them. We need to ensure that barriers are swept away, because we must protect the proud traditions of this country and stamp out hate crime. In no walk of life, and in no community, is it acceptable, so he is right to raise that issue.

I have looked at the Bill and done some research in advance of today’s debate, and it is clear that the law is messy. As I said, sections 146(4) and 147(3) of the 1994 Act are now essentially superfluous since the Equality Act 2010 came into force. Where we can, the House should clarify the law and remove any superfluous elements. The policy background section of the Bill’s explanatory notes is particularly effective in that regard, because it states:

“Even though it is of no effect, the policy implication of the sections is ambiguous, and may be seen as a statement that homosexual conduct, per se, is incompatible with employment on merchant vessels. Such a statement is not compatible with current values and should be removed. 

There is also a risk that a person investigating the employment rights of Lesbian, Gay, Bisexual and Transsexual (LGBT) people in the Merchant Navy might come upon the sections, and (understandably, but incorrectly) consider that they mean that LGBT people were not welcome inside the Merchant Navy.

Finally, as the sections are obsolete, removing them is of general utility, as doing so tidies up the statute book.

A similar approach to this Bill was taken by the Government in the Armed Forces Act 2016, which removed the parts of the sections which referred to the Armed Forces. During the passage of that Act, the relevant Minister made the following statement:

‘[T]he Department for Transport has made it clear that it intends to deal with the merchant navy aspect [of the Criminal Justice and Public Order Act] as soon as possible’.”

Those were the words of the Under-Secretary of State for Defence, my hon. Friend the Member for Milton Keynes North (Mark Lancaster).

The explanatory notes continue:

“Differing variations of this statement were also made in the Lords when the issue was raised there.”

That effectively sets out the entire scope of the Bill, why it is required, some of the difficulties with current legislation, the Government’s previous commitments and what needs to be done to put it right, and the Bill neatly achieves that. It is a short Bill, but the provisions are very clear, and the Minister’s remarks clearly indicate strong Government support for the sentiments in it.

I have just one query—I am happy for my hon. Friend the Member for Salisbury to intervene now or for the Minister to address this point in his remarks—and it relates to the Bill’s commencement, should it complete all its stages and pass into law. Clause 2(1) states:

“This Act comes into force at the end of the period of two months beginning with the day on which it is passed.”

I do not think we should waste a moment. If the Bill is passed into law—I sincerely hope it will be—we should enact its provisions as quickly as possible. There might well be good constitutional reasons why we cannot do it immediately, but we should look at the matter, perhaps in Committee, and seize the first opportunity we have to implement the Bill. We should lay down a marker and not waste any time.

[John Glen]

I would be happy to look at this point carefully in Committee, and obviously I would be happy if my hon. Friend wishes to join me on that Committee.

[Tom Pursglove]

I am grateful to my hon. Friend for his offer, and I would of course be delighted to join him on the Committee, because it is important that it has Members from across the House. I was pleased to see interventions earlier from Opposition Members. The hon. Member for Alyn and Deeside (Mark Tami) was right to call the Bill symbolic. Perhaps he will join us on the Committee as well. I think that commencement is one of the first things we should look at, because, as I say, I do not want to waste any time in resolving this issue and ironing out some of the ambiguities in the law.

I am pleased that my hon. Friend the Member for Salisbury has explained very clearly why this matter could not be addressed in an Armed Forces Act. My early research on the Bill flagged up in my mind the question of why this had not been addressed in an Armed Forces Act, so I appreciate his setting out those very good reasons and clarifying the matter to the House.

I was also pleased to learn that the industry had come a long way since 1994. In the course of my research, I found out that several steps had been taken since the 1994 Act that further evidenced why the Bill was required. The work done includes guidelines, drawn up by the UK National Maritime Occupational Health and Safety Committee, on preventing bullying and harassment, and these were adopted by the European social partners and subsequently internationally. The Maritime and Coastguard Agency has also produced guidance on seafarer employment agreements that recommend including references to bullying and harassment. I think that all Members would welcome those steps. Steps have been taken organically within the merchant shipping industry to put right some of the challenges and problems of the past without legislation in this House, but tidying up the law will do much to add to that as well.

I very much welcome this Bill. It is fitting that we are debating it in the same week as the Speaker’s statement, which he made yesterday, about the recognition that Parliament as an employer has received from Stonewall. We take these matters extremely seriously in this House and it is important that they should be taken seriously in the paid service of the House. We should set an example in the House of Commons, but also in the House of Lords and across the parliamentary estate as a whole, that the country should follow. It was a commendable achievement to be in the top 30. I congratulate everybody involved in that work, which sets an example for us as individual Members to follow in the work that we do in our constituencies and parliamentary offices, as well as the work that we do in this House in scrutinising legislation to make sure that we get it right.

There should undoubtedly be recognition of the fact that this country has come a long way in recent years. This Bill is another step in the right direction. As we have heard from numerous speakers today, it will tidy up the law and complete this element of work and should therefore be wholly welcomed. Those of us of my generation simply do not comprehend the sort of discrimination that this Bill seeks to address. We have not grown up in a society where that sort of discrimination happened, so finally putting a stop to it is a good thing in its own right. I would not want any young person or anybody else in this country to be deterred from seeking employment in the merchant navy because of a fear that they would be discriminated against or somehow treated differently. That would be totally unacceptable and would not sit comfortably with me at all—it would not sit comfortably with any Member of the House or any of our constituents.

Not only is this Bill symbolic; it has a real purpose. As has been said, lots of Bills come forward with worthy sentiment, but this Bill also has a realistic purpose and its aims can be achieved very easily. It is logical; it is frankly right. I hope it will command the support of the House this afternoon.