MPs to get free vote on age of consent Gay sex at 16 may be made legal
By George Jones, Political Editor
THE Government will take the first step this week towards a free vote in the Commons on lowering to 16 the age of consent for homosexuals. Ministers, responding to growing parliamentary pressure, are seeking an out-of-court settlement in a case brought before the European Court of Human Rights that challenges as "discriminatory" the current age of 18 set three years ago.
Authoritative Whitehall sources have told The Daily Telegraph that the Government no longer intends to defend the case brought by Euan Sutherland with the backing of Stonewall, the homosexual rights group.
Mr Sutherland argued that the higher age of consent for homosexuals - 18 instead of 16 for heterosexuals - was a breach of two of his human rights : the right of privacy and the right not to be discriminated against in his private life.
The Government has to make a decision by the end of this month on whether to continue to fight the case before the full court in Strasbourg. Last year, the commission declared as admissible Mr Sutherland's claim that the current age of consent was discriminatory.
The Commission has also asked the Government for a written response by July 25 to a further challenge brought by a West London schoolboy, Chris Morris.
Ministers are anxious to tread warily on the subject and there is no commitment at this stage to early Government legislation to reduce the age of consent, which would decriminalise homosexual acts between the ages of 16 and 18.
However, Jack Straw, the Home Secretary, is understood to be ready to honour a pre-election commitment to allow a free vote on the issue. This could be achieved by a backbench motion or a private member's Bill.
Homosexual rights groups had been increasingly convinced that the human rights court would rule that the unequal age of consent was a breach of human rights.
It was lowered from 21 to 18 in 1994 on a free vote. A proposal to reduce it to 16 was defeated by 27 votes, despite substantial cross-party support.
In his court submission, Mr Sutherland, now 20, claimed that the law prevented him "expressing an important and intimate aspect of his personality until he reached the age of 18".
The previous Government said it recognised the right of those "of a certain age" to decide whether to indulge in homosexual acts but argued that "members of society are entitled to prefer that their children follow a heterosexual way of life".
It added that the current limit "protects young men from activities which their lack of maturity might later cause them to regret".
Anya Palmer, a spokesman for Stonewall, was confident that on a free vote Parliament would support equalisation of homosexual and heterosexual age limits.
"It is the best way of dealing with what is a breach of the human rights of young gay men, because a law which is supposed to protect them makes them into criminals."
Peter Tatchell, spokesman for OutRage, the gay rights group, said: "By abandoning the case and allowing a free vote, the Government will save itself the embarrassment of an adverse ruling from Strasbourg."
He said the leaders of the main political parties supported equality at 16 and a "clear majority" of MPs wanted to end discrimination against homosexuals.
Homosexual rights campaigners have calculated that they could win such a vote by about 400 votes to 200.
There are now three openly homosexual Labour MPs, Stephen Twigg, who defeated Michael Portillo in Enfield Southgate; Ben Bradshaw, newly elected MP for Exeter; and Chris Smith, the Heritage Secretary.
The Government's readiness to allow a free vote will increase the pressure for a relaxation of the ban on practising homosexuals serving in the armed forces.
George Robertson, the Defence Secretary, yesterday confirmed that there would be an opportunity to vote on this during the lifetime of this Parliament.
