HL Deb 03 April 2003 vol 646 cc141-2WA
Lord Beaumont of Whitley

asked Her Majesty's Government:

What significant differences there are in the laws governing homosexual offences in Northern Ireland, and England and Wales. [HL2120]

The Lord Privy Seal (Lord Williams of Mostyn)

There are two significant differences in the law governing homosexual offences in Northern Ireland and in England and Wales. First, the age of consent is 17 in Northern Ireland where it is 16 in England and Wales, although this applies to all types of sexual activity. Secondly, where in Northern Ireland a man would be charged with buggery for the non-consensual anal penetration of another man, in England and Wales this would be rape. This second situation will be addressed in the Criminal Justice Order (Northern Ireland) 2003. The order will amend the definition of rape in Northern Ireland to include anal penetration.

Lord Beaumont of Whitley

asked Her Majesty's Government:

Whether the Sexual Offences Bill will be compatible with the European Convention on Human Rights and its case law if Northern Ireland is not included in those provisions relating to homosexuals. [HL2121]

Lord Williams of Mostyn

The Government's obligations under the convention relate to what is proposed by any new piece of legislation. rather than what is not. As my noble and learned friend Lord Falconer of Thoroton has stated clearly, it is the Government's view that the provisions of the Sexual Offences Bill are compatible with the convention rights.

Lord Beaumont of Whitley

asked Her Majesty's Government:

What was the result of the equality impact assessment under Section 75 of the Northern Ireland Act 1998 on the decision not to include Northern Ireland in those parts of the Sexual Offences Bill designed to bring about legal equality as between homosexual and heterosexual offences. [HL2122]

Lord Williams of Mostyn

An equality impact assessment is undertaken on any policy which, following an equality screening, may have a detrimental effect on one or more of the nine Section 75 categories. An equality impact assessment focuses on what is being done rather than what is not. The Government have not, therefore, undertaken an impact assessment of the effect of not extending these provisions.