LORDS AMENDMENT

HL Deb 25 October 1994 vol 558 cc494-5

122 After Clause 133, insert the following new clause:

("Male rape and buggery

Male rape and buggery

1. .— (1) Section 12 of the Sexual Offences Act 1956 (offence of buggery) shall be amended as follows.
2. (2) In subsection (1), after the words "another person" there shall be inserted the words "otherwise than in lawful circumstances".
3. (3) After subsection (1), there shall be inserted the following subsections—
• "(1A) An act of buggery takes place in lawful circumstances if it takes place in private and both parties have attained the age of eighteen.
• (1B) An act of buggery by a man with another shall not be treated as taking place in private if it takes place—
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1. (a) when more than two persons take part or are present; or
2. (b) in a lavatory to which the public have or are permitted to have access, whether on payment or otherwise.".")

The Commons agreed to this amendment with the following amendment:

122A After Clause 133, line 6, leave out 'lawful circumstances' and insert 'the circumstances described in subsection (1A) below'.

Baroness Blatch

My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 122A to Lords Amendment No. 122.

It may be for the convenience of the House if I speak at the same time to Amendments Nos. 122B, 122C and 122D. These are all minor technical amendments. The main purpose of these technical amendments is to improve the wording of Amendment No. 122 to avoid any suggestion that rape in private might somehow be lawful. I beg to move.

Moved, That the House do agree with the Commons in their Amendment No. 122A to Lords Amendment No. 122.—(Baroness Blatch.)

On Question, Motion agreed to.