AGE OF CONSENT (Hansard, 26 February 1976)

Earl FERRERS
My Lords, I beg leave to ask the Question which stands in my name on the Order Paper.

§ The MINISTER of STATE, HOME OFFICE (Lord Harris of Greenwich)
My Lords, my right honourable friend has no present plans for amending the law in relation to the age of consent. The Criminal Law Revision Committee is undertaking a comprehensive review of the law on sexual offences in England and Wales and the age of consent naturally falls to be considered in the course of this review. Because this area of the law raises medical and social, as well as legal, questions, a Policy Advisory Committee on Sexual Offences has been set up to advise on these matters and provide an assessment of lay opinion.

Earl FERRERS
My Lords, I am grateful to the noble Lord for that Answer. Do I understand from it that the setting up of this Advisory Committee does not mean that the Government have an open mind on the question, but that the Government are quite convinced that they do not intend to lower the age of consent from 16?

§ Lord HARRIS of GREENWICH
My Lords, I think I have made the position clear. The Government have no proposals in this matter. My right honourable friend the Home Secretary considered it appropriate to set up the Policy Advisory Committee, which is to undertake its work in relation to the work of the Criminal Law Revision Committee. When we get that report, obviously we shall consider the matter.

Earl FERRERS
My Lords, may I ask the noble Lord to bear in mind, when his right honourable friend gets that report, that young children need to be protected and that those who will be most advantaged by the lowering of the age of consent will, in fact, be those who wish to take advantage of young children? In this connection, may I ask whether the noble Lord is aware that child molesters, who are called paedophiles, have already formed organisations known as the Paedophile Action for Liberation and the Paedophile Information Exchange to cast a mantle of respectability over their activities? Would the noble Lord agree that children ought to be protected from precisely this type of thing?

§ Lord HARRIS of GREENWICH
My Lords, I take note, of course, of what the noble Earl has just said. There is no intention at the moment to put any proposals before Parliament. These Committees are considering the matter and, as I have already indicated, the Government have no plans at the moment to deal with this particular question of the age of consent.

§ Lord SHACKLETON
My Lords, while conducting an intimate discussion with the Front Bench opposite, would my noble friend bear in mind that there are a number of us, who perhaps might be called elder statesmen, who find it a little difficult to hear what he is saying?

§ Baroness GAITSKELL
My Lords, is the noble Lord aware that the Family Planning Association, a very responsible body, is entirely with the Government in not lowering the age of consent?

§ Lord HARRIS of GREENWICH
My Lords, I take note of the views of my noble friend.

§ Lord HALE
My Lords, does my noble friend recall that it was a Select Committee of this House, chaired by Lord Cairns, which in 1881 conducted one of the astonishing and brilliant fights on behalf of young children against another place (which for four years had Members allied with the brothel owners and white slavers) and which, finally, after sending back a Bill which was obstructed year after year, secured the passing of the Criminal Law Amendment Act of 1885?

§ Lord HARRIS of GREENWICH
My Lords, I do not pretend to have the information which my noble friend has on this particular point, but I take note of what he said.

§ The Earl of LAUDERDALE
My Lords, could the noble Lord ensure that the attention of the Policy Advisory Committee is drawn to the purveying of contraceptives to children under 16 by means of mail order advertisements and other channels? These very often carry no warning about failure rate, and some of them address the child as, "Dear Customer ", and ask him to come back for more.

§ Lord HARRIS of GREENWICH
My Lords, with great respect to the noble Earl, that seems to be a rather different question.

§ The Earl of LAUDERDALE
My Lords, does it not refer to a sexual offence? Is that not a sexual offence?

§ Lord HARRIS of GREENWICH
My Lords, the Question related to the law relating to the age of consent, whereas that raised by the noble Earl brings forward a different issue. But no doubt the Policy Advisory Committee will take note of the point made.

§ The LORD BISHOP of NORWICH
My Lords, is the noble Lord aware that the Church is taking an increasing interest in the concern for young people? Is the noble Lord further aware that I speak for many of my more senior brother Prelates when I say that the first part of the noble Lord's Answer, for which I thank him, saying that the Government are not considering a change in the age of consent, will be received with a great deal of relief? May I ask the noble Lord to accept my assurance that anything the Church can do by way of giving evidence or advice concerning the second part of the Answer will be given most readily?

§ Viscount AMORY
My Lords, does the noble Lord agree that the fact that there are so many pressures on adolescents today, would not, certainly in the opinion of the very big majority of 814 the people of this country, be an argument for reducing the age of consent?

§ Lord HARRIS of GREENWICH
My Lords, I am aware that there are many strong feelings on this point, and I will ensure that these particular exchanges are drawn to the attention of the Committee.

§ Baroness PHILLIPS
My Lords, is my noble friend aware that great concern is being expressed among the women's organisations about this subject? While I was delighted to hear him say that no decision has been taken, perhaps he can tell us how it is that this idea, that there is to be a change in the age of consent, has arisen and become so widespread?

§ Lord HARRIS of GREENWICH
My Lords, I cannot pretend to be able to give the House any answer as to why there should be an impression of that kind. It may have something to do with the fact that the Criminal Law Revision Committee is at the moment undertaking this review. But I think I have made quite clear the position of the Government on the matter.

Earl FERRERS
My Lords, if the Government have no intention of changing the law, why have they asked the Committee to investigate it?

§ Lord HARRIS of GREENWICH
My Lords, with great respect, if the noble Earl reads the Report of the reply which has been given, I think he will find the answer.

§ Lord PANNELL
My Lords, is it not a fact that this Committee will be making a wide-ranging review, and all that the noble Earl is asking in advance of any evidence is that it be selective, and whether this criterion has been applied to any other advisory committee? We may share his prejudices, but we should like to have some more evidence.

§ Lord SOMERS
My Lords, will the noble Lord agree that there are a great many in this country who feel that even 16 is too low an age? While one cannot expect so progressive a Government to restore the original age of 18, may I ask the noble Lord whether he is aware that a great many of us are highly relieved by his Answer?