§ Sir Nicholas LyellTo ask the Secretary of State for the Home Department with regard to Application Number 28186/94 Euan Sutherlandv. United Kingdom concerning the age of consent for homosexuals, if the United Kingdom's case includes the contention that such matters are within the margin of appreciation of each member state; in the event of the Government being minded to settle the case, what steps will be taken to ensure that the United Kingdom's rights in this respect are protected; and if he will make a statement. [8995]
§ Mr. MichaelThe European Court of Human Rights recognises that states have a margin of appreciation in deciding, through a democratic process, how best to legislate in controversial areas. The Government welcome the Court's recognition of the importance of this doctrine in enabling countries to have distinctive, appropriate and fair controls that reflect genuine national differences. Social and moral questions, on which there can be widely differing opinions, will often fall within the margin of appreciation. In taking the view that the age of homosexual consent is a matter on which Parliament should decide what is appropriate for the United Kingdom, on the basis of a free vote, the Government again emphasise the importance of the margin of appreciation in such issues.