HL Deb 06 August 1980 vol 412 cc1580-1WA
Lord MELCHETT

asked Her Majesty's Government:

Whether, in view of the decision by the European Commission on Human Rights in the Dudgeon case, and the recent amendment to the Criminal Law (Scotland) Bill which would have the effect of bringing the law on homosexuality in Scotland into line with England and Wales, they will now introduce legislation at the first opportunity to bring the law on homosexuality in Northern Ireland into line with the law in the rest of the United Kingdom, and if not, why not.

The PARLIAMENTARY UNDERSECRETARY of STATE, NORTHERN IRELAND OFFICE (Lord Elton)

The report by the European Commission of Human Rights on theDudgeon case is not a judicial decision. The Commission has just announced that it has referred the case to the European Court of Human Rights, who will in due course make a final decision on whether or not the Convention has been violated. The Government's policy on homosexual law in Northern Ireland has been the subject of an answer recently given in another place.

There continues to be a substantial and wide-ranging body of opinion in Northern Ireland opposed to a change in the existing law. Moreover, the tradition that legislation on such issues is a matter for the initiative of a private Member rather than for Government was continued in the case of the amendment to the Criminal Justice (Scotland) Bill. However, the Government remain prepared to reconsider the matter in the light of future relevant developments, including any resulting from proceedings under the European Convention on Human Rights with regard to the law in Northern Ireland on homosexuality.