Hansard References
28.The following table sets out the dates and Hansard references for each stage of the Bill’s passage through Parliament.
Stage | Date | Hansard Reference |
---|---|---|
House of Commons | ||
Introduction | 16 December 1998 | Vol.322. Col. 985 |
Second Reading | 25 January 1999 | Vol.324 . Col.20 – 113 |
Committee of the Whole House – consideration of clause 1 on the age of consent | 10 February 1999 | Vol.325 . Col.331 - 383 |
Standing Committee E | 1st Sitting, 2 February 1999 | Col. 1 - 10 |
2nd Sitting, 4 February 1999 | Col. 11 - 48 | |
3rd Sitting, 4 February 1999 | Col. 49 – 50 | |
4th Sitting, 9 February 1999 | Col. 53 - 90 | |
5th Sitting, 9 February 1999 | Col. 91 – 130 | |
6th Sitting, 11 February 1999 | Col. 131 - 172 | |
Report and Third Reading | 1 March 1999 | Vol 326 Col.754 – 810 |
House of Lords | ||
Introduction | 2 March 1999 | Vol. 594 Col.558 |
Second Reading | 13 April 1999 | Vol. 599. Col. 647- 760 |
1999/2000 Session | ||
House of Commons | ||
Reintroduction | 28 January 2000 | Vol. 343. Col. 685 |
Debate on motion that no order be made for committal of the Bill | 7 February 2000 | Vol. 344. Col. 83 - 89 |
Second Reading | 10 February 2000 | Vol. 344 Col. 432 – 500 |
Third Reading | 28 February 2000 | Vol. 345 Col. 127-130 |
House of Lords | ||
Introduction | 29 February 2000 | Vol. 610. Col 455. |
Second Reading | 11 April 2000 | Vol. 612. Col. 91 - 167 |
Committee | 13 November 2000 | Vol. 619. Col. 18 - 122 |
The Bill not having been passed by the House of Lords before the end of the session, it was, in accordance with section 2 of the Parliament Act 1911, presented for Royal Assent which was given on 30 November 2000.
House of Lords Hansard Vol 619 Col 1492
House of Commons Hansard Vol 357 Col 1231
27.Extracts from the Sexual Offences Act 1956 showing words changed by the Act
“S 12
Buggery
(1) It is [an offence] for a person to commit buggery with another person otherwise than in the circumstances described in subsection (1A) or (1AA) below or with an animal.
(1A) The circumstances first referred to in subsection (1) are that the act of buggery takes place in private and both parties have attained the age of
eighteensixteen.(1AA) The other circumstances so referred to are that the person is under the age of sixteen and the other party has attained that age.
(1B) An act of buggery by one man with another shall not be treated as taking place in private if it takes place-
(a) when more than two persons take part or are present; or
(b) in a lavatory to which the public have or are permitted to have access, whether on payment or otherwise.
(1C) In any proceedings against a person for buggery with another person it shall be for the prosecutor to prove that the act of buggery took place otherwise than in private or that one of the parties to it had not attained the age of
eighteensixteen.S.13
Indecency between men
It is an offence for a man to commit an act of gross indecency with another man, otherwise than in the circumstances described below, whether in public or in private, or to be a party to the commission by a man of an act of gross indecency with another man, or to procure the commission by a man of an act of gross indecency with another man.
The circumstances referred to above are that the man is under the age of sixteen and the other man has attained that age.
Schedule 2, Paragraph 16
Table of Offences, Mode of Prosecution, Punishments, Etc
Offence Mode of Prosecution Punishment 16.(a) Indecency between men (section 13) (I) On indictment. If a man of or over the age of twenty-one with a man under the age of eighteensixteen, five years, otherwise two years.(ii) Summarily. 6 months and/or the statutory maximum. (b) An attempt to procure the commission by a man of an act of gross indecency with another man. (I) On indictment. If the attempt is by a man of or over the age of twenty-one to procure a man under the age of eighteensixteen to commit an act of gross indecency with another man, five years, otherwise two years.(ii) Summarily. 6 months and/or the statutory maximum. Extracts from the Sexual Offences Act 1967 showing words changed by the Act
s. 1
Amendment of the law relating to homosexual acts in private.
(1) Notwithstanding any statutory or common law provision,
(a) a homosexual act in private shall not be an offence provided that the parties consent thereto and have attained the age of
eighteensixteen years and(b) a homosexual act by any person shall not be an offence if he is under the age of sixteen years and the other party has attained that age.
Subsections (2) to (5) are unaffected.
(6) It is hereby declared that where in any proceedings it is charged that a homosexual act is an offence the prosecutor shall have the burden of proving that the act was done otherwise than in private or otherwise than with the consent of the parties or that any of the parties had not attained the age of
eighteensixteen years.s.8
Restrictions on prosecutions
No proceedings shall be instituted except by or with the consent of the Director of Public Prosecutions against any man for the offence of buggery with, or gross indecency with, another man or for aiding, abetting, counselling, procuring or commanding its commission where either of those men was at the time of its commission under the age of
twenty-onesixteen.Extract from section 13 of the Criminal Law (Consolidation) (Scotland) Act 1995 showing words changed by the Act
a)Homosexual Offences
(1) Subject to the provisions of this section, a homosexual act(2) in private shall not be an offence provided that the parties consent thereto and have attained the age of
eighteensixteen years.subsections (2) to (4) are unaffected
(5) Subject to subsection (3) above[a male person suffering from a mental deficiency], it shall be an offence to commit or to be party to the commission of, or to procure or attempt to procure the commission of a homosexual act-
(a)otherwise than in private;
(b)without the consent of both parties to the act; or
(c)with a person under the age of
eighteensixteen years.subsections (6) and (7) are unaffected
(8) It shall be a defence to a charge of committing a homosexual act under subsection (5) (c) above that the person so charged being under the age of 24 years who had not previously been charged with a like offence, had reasonable cause to believe that the other person was of or over the age of
1816 years.(8)(A) A person under the age of sixteen years does not commit an offence under subsection (5)(a) or (c) above if he commits or is party to the commission of a homosexual act with a person who has attained that age
subsections (9) to (11) are unaffected
Extract from Article 3 of the Homosexual Offences (Northern Ireland) Order 1982 showing words changed by the Act
b)c)Homosexual acts in private
(1) Subject to Article 4 (mental patients) and notwithstanding any other statutory provision or any rule of law
(a) a homosexual act(3) in private shall not be an offence if the parties consent thereto and have attained the age of
1817 years and(b) a homosexual act by any person shall not be an offence if he is under the age of seventeen years and the other party has attained that age
c)1.)c)2.)Paragraphs (2) to (4) are unaffected
It is hereby declared that where in any proceedings it is charged that a homosexual act is an offence the prosecutor shall have the burden of proving that the act was done otherwise than in private or otherwise than with the consent of the parties or that any of the parties had not attained the age of
1817 years.”
Defined in s13(4) of the 1995 Act as sodomy or an act of gross indecency or shameless indecency by one male person with another male person
Defined in Article 2(1) of the 1982 Order in relation to a man as “buggery with another man, an act of gross indecency with another man or the act of being a party to the commission by a man of such an act”