HL Deb 29 March 1999 vol 599 cc10-1WA
Lord Ashbourne

asked Her Majesty's Government:

At what age a child ceases to be the victim of paedophila (even if consensual) and becomes a responsible sexually active child, entitled to tax-funded contraception. [HL1601]

Lord Williams of Mostyn

There is no legal definition of the term "paedophile" in English law. It is, however, unlawful to engage in any sexual activity with a person under the age of consent. This is set at 16 for heterosexual activity. In addition, it is unlawful to engage in an act of anal intercourse with a person under 18 or take part in homosexual activity with a male under that age.

Advice and treatment can be made available to those under 16 but before issuing contraception to them doctors should always seek to persuade the young person to inform their parents or guardians. If the young person cannot be persuaded, a doctor should only offer advice and treatment without parental consent in accordance with the judgment given by this House in the case of Gillick v. West Norfolk and Wisbech Area Health Authority [1985] 3 All England Law Report 402, which dealt with the circumstances in which those under 16 may consent to their own treatment.