Sexual Offences (Amendment) Act 2000
Encyclopedia
The Sexual Offences Act 2000 (c.44) is an Act
of the Parliament
of the United Kingdom
. It changed the age of consent
for male homosexual sexual activities (including anal sex
) from 18 (or for some activities, 21) to that for heterosexual and lesbian
sexual activities at 16, or 17 in Northern Ireland
. It also introduced the new offence of 'having sexual intercourse or engaging in any other sexual activity with a person under 18 if in a position of trust
in relation to that person'.
This means that the age of consent for all Gay, Lesbian and Heterosexual acts is set at 16.
Lowering the homosexual age of consent had last been addressed by Parliament in 1994, when the then Conservative
MP Edwina Currie
proposed an amendment to the Criminal Justice and Public Order Bill
to lower the age of consent to sixteen years. Over forty Tories joined Mrs Currie in the aye lobby, a number which ought easily to have been sufficient to overturn the Government’s small majority at the time. In fact, the measure was lost by twenty-seven votes. It transpired that thirty-eight Labour MPs had opposed the motion. Immediately afterwards, MPs agreed on division (427 to 162) to reduce the age of consent for homosexual sexual activities to eighteen. The election of a Labour
Government in 1997 afforded Parliament a further opportunity to examine the issue.
In 1996, the European Court of Human Rights
heard Morris v. The United Kingdom and Sutherland v. the United Kingdom, cases brought by Chris Morris
and Euan Sutherland
challenging the inequality inherent in divided ages of consent. The government stated its intention to legislate to negate the court cases, which were put on hold.
Ann Keen
, a Labour MP, introduced an amendment to Crime and Disorder Bill
in 1998, and this was carried by a majority of 207 in the House of Commons. The amendment was then removed by the House of Lords
by a majority of 168. Not wishing to lose the whole bill, the government allowed the issue to be dropped.
Later in the year, the government reintroduced the measure in what eventually became this Act. It once again sailed through the House of Commons by a majority of 183 on 25 January 1999, but was again blocked in the House of Lords after a concerted campaign by Conservative peer Baroness Young
. The government once again re-introduced the measure, this time threatening to invoke the Parliament Acts 1911 and 1949
.
After the bill once again sailed through the House of Commons before being rejected by the House of Lords, the government carried through its threat and on 30 November 2000, Speaker Michael Martin
announced the passage of the Act. It received Royal Assent
a few hours later.
This Act was effectively superseded in England and Wales by the Sexual Offences Act 2003
which repealed most of its provisions as they applied to England and Wales. The new Act which consolidated most previous sexual offences legislation maintained the decriminalisation that had been achieved in this Act.
This fact became significant in the wake of passage of the Hunting Act 2004
which was also passed using the Parliament Acts 1911 and 1949
. The passage of that Act was challenged in court on the basis that the Parliament Act 1949
itself had been unlawfully passed. If the latter point were true, then the Sexual Offences (Amendment) Act 2000 would also be invalid, though the point would be moot since the provisions had been consolidated in legislation not passed under the Parliament Acts. The challenge to the Hunting Act was ultimately unsuccessful.
Act of Parliament
An Act of Parliament is a statute enacted as primary legislation by a national or sub-national parliament. In the Republic of Ireland the term Act of the Oireachtas is used, and in the United States the term Act of Congress is used.In Commonwealth countries, the term is used both in a narrow...
of the Parliament
Parliament
A parliament is a legislature, especially in those countries whose system of government is based on the Westminster system modeled after that of the United Kingdom. The name is derived from the French , the action of parler : a parlement is a discussion. The term came to mean a meeting at which...
of the United Kingdom
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
. It changed the age of consent
Age of consent
While the phrase age of consent typically does not appear in legal statutes, when used in relation to sexual activity, the age of consent is the minimum age at which a person is considered to be legally competent to consent to sexual acts. The European Union calls it the legal age for sexual...
for male homosexual sexual activities (including anal sex
Anal sex
Anal sex is the sex act in which the penis is inserted into the anus of a sexual partner. The term can also include other sexual acts involving the anus, including pegging, anilingus , fingering, and object insertion.Common misconception describes anal sex as practiced almost exclusively by gay men...
) from 18 (or for some activities, 21) to that for heterosexual and lesbian
Lesbian
Lesbian is a term most widely used in the English language to describe sexual and romantic desire between females. The word may be used as a noun, to refer to women who identify themselves or who are characterized by others as having the primary attribute of female homosexuality, or as an...
sexual activities at 16, or 17 in Northern Ireland
Northern Ireland
Northern Ireland is one of the four countries of the United Kingdom. Situated in the north-east of the island of Ireland, it shares a border with the Republic of Ireland to the south and west...
. It also introduced the new offence of 'having sexual intercourse or engaging in any other sexual activity with a person under 18 if in a position of trust
Position of trust
Position of trust is a legal term that is commonly used in the United Kingdom, the United States, and Canada. It refers to a position of authority over another person or within an organization, for example as a supervisor...
in relation to that person'.
This means that the age of consent for all Gay, Lesbian and Heterosexual acts is set at 16.
Lowering the homosexual age of consent had last been addressed by Parliament in 1994, when the then Conservative
Conservative Party (UK)
The Conservative Party, formally the Conservative and Unionist Party, is a centre-right political party in the United Kingdom that adheres to the philosophies of conservatism and British unionism. It is the largest political party in the UK, and is currently the largest single party in the House...
MP Edwina Currie
Edwina Currie
Edwina Jonesnée Cohen is a former British Member of Parliament. First elected as a Conservative Party MP in 1983, she was a Junior Health Minister for two years, before resigning in 1988 over the controversy over salmonella in eggs...
proposed an amendment to the Criminal Justice and Public Order Bill
Criminal Justice and Public Order Act 1994
The Criminal Justice and Public Order Act 1994 is an Act of the Parliament of the United Kingdom. It introduced a number of changes to the existing law, most notably in the restriction and reduction of existing rights and in greater penalties for certain "anti-social" behaviours...
to lower the age of consent to sixteen years. Over forty Tories joined Mrs Currie in the aye lobby, a number which ought easily to have been sufficient to overturn the Government’s small majority at the time. In fact, the measure was lost by twenty-seven votes. It transpired that thirty-eight Labour MPs had opposed the motion. Immediately afterwards, MPs agreed on division (427 to 162) to reduce the age of consent for homosexual sexual activities to eighteen. The election of a Labour
Labour Party (UK)
The Labour Party is a centre-left democratic socialist party in the United Kingdom. It surpassed the Liberal Party in general elections during the early 1920s, forming minority governments under Ramsay MacDonald in 1924 and 1929-1931. The party was in a wartime coalition from 1940 to 1945, after...
Government in 1997 afforded Parliament a further opportunity to examine the issue.
In 1996, the European Court of Human Rights
European Court of Human Rights
The European Court of Human Rights in Strasbourg is a supra-national court established by the European Convention on Human Rights and hears complaints that a contracting state has violated the human rights enshrined in the Convention and its protocols. Complaints can be brought by individuals or...
heard Morris v. The United Kingdom and Sutherland v. the United Kingdom, cases brought by Chris Morris
Chris Morris (activist)
Chris Morris is an activist who, with Euan Sutherland, successfully challenged the British Government in the European Court of Human Rights and secured an equal age of consent for sexual activity between males...
and Euan Sutherland
Euan Sutherland
Euan Sutherland is an openly gay activist who, with Chris Morris, successfully challenged the British Government in the European Court of Human Rights and secured an equal age of consent for gay men....
challenging the inequality inherent in divided ages of consent. The government stated its intention to legislate to negate the court cases, which were put on hold.
Ann Keen
Ann Keen
Ann Lloyd Keen is a British Labour Party politician, who was the Member of Parliament for Brentford and Isleworth from 1997, until she was defeated by Conservative candidate Mary Macleod in 2010.-Early life:...
, a Labour MP, introduced an amendment to Crime and Disorder Bill
Crime and Disorder Act 1998
The Crime and Disorder Act 1998 is an Act of the Parliament of the United Kingdom. The Act was published on 2 December 1997 and received Royal Assent in July 1998...
in 1998, and this was carried by a majority of 207 in the House of Commons. The amendment was then removed by the House of Lords
House of Lords
The House of Lords is the upper house of the Parliament of the United Kingdom. Like the House of Commons, it meets in the Palace of Westminster....
by a majority of 168. Not wishing to lose the whole bill, the government allowed the issue to be dropped.
Later in the year, the government reintroduced the measure in what eventually became this Act. It once again sailed through the House of Commons by a majority of 183 on 25 January 1999, but was again blocked in the House of Lords after a concerted campaign by Conservative peer Baroness Young
Janet Young, Baroness Young
Janet Mary Baker Young, Baroness Young PC , was a British Conservative politician. She served as the first ever female Leader of the House of Lords from 1981 to 1983, first as Chancellor of the Duchy of Lancaster and from 1982 as Lord Privy Seal...
. The government once again re-introduced the measure, this time threatening to invoke the Parliament Acts 1911 and 1949
Parliament Acts 1911 and 1949
The Parliament Acts 1911 and 1949 are two Acts of the Parliament of the United Kingdom, which form part of the constitution of the United Kingdom. Section 2 of the Parliament Act 1949 provides that that Act and the Parliament Act 1911 are to be construed as one.The Parliament Act 1911 The...
.
After the bill once again sailed through the House of Commons before being rejected by the House of Lords, the government carried through its threat and on 30 November 2000, Speaker Michael Martin
Michael Martin (politician)
Michael John Martin, Baron Martin of Springburn, PC is a British politician, who was the Member of Parliament for Glasgow Springburn from 1979 to 2005, and then for Glasgow North East until 2009...
announced the passage of the Act. It received Royal Assent
Royal Assent
The granting of royal assent refers to the method by which any constitutional monarch formally approves and promulgates an act of his or her nation's parliament, thus making it a law...
a few hours later.
This Act was effectively superseded in England and Wales by the Sexual Offences Act 2003
Sexual Offences Act 2003
The Sexual Offences Act 2003 is an Act of the Parliament of the United Kingdom of Great Britain and Northern Ireland that was passed in 2003 and became law on 1 May 2004.It replaced older sexual offences laws with more specific and explicit wording...
which repealed most of its provisions as they applied to England and Wales. The new Act which consolidated most previous sexual offences legislation maintained the decriminalisation that had been achieved in this Act.
This fact became significant in the wake of passage of the Hunting Act 2004
Hunting Act 2004
The Hunting Act 2004 is an Act of the Parliament of the United Kingdom. The effect of the Act is to outlaw hunting with dogs in England and Wales from 18 February 2005...
which was also passed using the Parliament Acts 1911 and 1949
Parliament Acts 1911 and 1949
The Parliament Acts 1911 and 1949 are two Acts of the Parliament of the United Kingdom, which form part of the constitution of the United Kingdom. Section 2 of the Parliament Act 1949 provides that that Act and the Parliament Act 1911 are to be construed as one.The Parliament Act 1911 The...
. The passage of that Act was challenged in court on the basis that the Parliament Act 1949
Parliament Act 1949
The Parliament Act 1949 is an Act of the Parliament of the United Kingdom.This Act must be construed as one with the Parliament Act 1911...
itself had been unlawfully passed. If the latter point were true, then the Sexual Offences (Amendment) Act 2000 would also be invalid, though the point would be moot since the provisions had been consolidated in legislation not passed under the Parliament Acts. The challenge to the Hunting Act was ultimately unsuccessful.
External links
- Sexual Offences (Amendment) Act 2000
- Explanatory notes to the Sexual Offences (Amendment) Bill 2000
- Q and A: The age of consent (BBC NewsBBC NewsBBC News is the department of the British Broadcasting Corporation responsible for the gathering and broadcasting of news and current affairs. The department is the world's largest broadcast news organisation and generates about 120 hours of radio and television output each day, as well as online...
, 29 November 2000) - Commons Vote on amendment to Crime and Disorder Bill 1998
- Sexual Offences from StonewallStonewall (UK)Stonewall is a lesbian, gay and bisexual rights charity in the United Kingdom named after the Stonewall Inn of Stonewall riots fame. Now the largest gay equality organization not only in the UK but in Europe, it was formed in 1989 by political activists and others lobbying against section 28 of the...
, including briefings on the bills in 1998, 1999 and 2000 - Why the Parliament Acts should not be used on the Sexual Offences (Amendment) Bill (The Christian Institute, 2000)