Tories to back lower age of gay consent

(First Edition)

CONSERVATIVE MPs will vote to lower the age of homosexual consent, and there is a strong prospect of the Commons adopting 'equality at 16', a survey of backbenchers by the Independent on Sunday has shown.

A clear majority for change among those willing to declare their voting intentions emerges from the poll of 131 Tory MPs, reinforcing the findings of gay rights campaigners who are 'cautiously optimistic' that the Commons will vote next week for a common age of consent for gay and heterosexual sex.

The survey, carried out by telephone over two days at the end of last week, shows that 39 Conservatives want the law to remain the same, forbidding men to have homosexual relations until the age of 21. Thirty are ready to vote for consent at 18, and 15 plan to support equality at 16 years old. The rest did not know, or would not disclose their voting intentions.

However, sources on both sides of the debate concede that the survey is broadly representative of Conservative parliamentary opinion. Stonewall, the gay rights campaign group, calculates that about 30 Tory back-benchers will support equality at 16.

Their votes, with upwards of 210 of the 268 Labour MPs, 20 of the 22 Liberal Democrats and about 10 from the nationalist parties, gives about 270 in the pro-equality camp as the final week of campaigning gets under way. The vote will be taken late next Monday night, after MPs have given their verdict on another attempt to bring back capital punishment.

Jerry Hayes, Conservative MP for Harlow and a sponsor of the clause to the Criminal Justice Bill that would reduce the age of homosexual consent to 16, said: 'Sometimes one has to do things that are right, but which are not necessarily popular. This is one of those occasions.'

He denied that the Stephen Milligan affair would diminish the prospects of success, arguing: 'One man's personal tragedy is not going to affect the judgment of parliamentry colleagues. But is it going to be very close to call.'

Chris Smith, Labour MP for Islington South and Finsbury and the only openly gay member of the Commons, concurs: 'Opinion has been moving steadily towards 16, especially on the Labour side. I am hopeful, but by no means complacent.'

But Jonathan Evans, Brecon and Radnor, responding in the poll, said that he would vote for the status quo: 'I don't think we should be treating this as a gay rights issue. Merely because the heterosexual age of consent is 16, the same does not follow for homosexuals.'

Some Tory waverers opted for a compromise. Cranley Onslow, Woking, said: 'If I vote at all it will be for 18 because that's the right age.'

Much will turn on parliamentary procedure. A decision is expected on Thursday from the Deputy Speaker, Michael Morris, on the order in which votes will be taken on the various proposals for reform. Equality campaigners hope that the all-party 'consent at 16' clause to the Criminal Justice Bill tabled by Edwina Currie and five other MPs will be taken first, ahead of a move by supporters of consent at 18.

If the equality clause is taken first, gay rights campaigners believe, it has a strong chance of success. If consent at 18 is voted on first, it will be carried by an overwhelming majority, ruling out a further vote on consent at 16. The issue is further complicated by amendments designed to push MPs into a quick vote on consent at 18.

Even if the vote goes against equality, campaigners insist it will only mean a postponement of a common age of consent. Three young men are asking the European Court to rule that the British government must introduce a common age, in line with similar rulings for Ireland and Germany. A decision is expected in the autumn.

Inside Story, pages 16 & 17