Merchant Shipping (Homosexual Conduct) Bill — House of Commons, 2017-01-20
Topic: Civil Rights
David Nuttall (Conservative, Centre-right): I have finished talking about that, Mr Deputy Speaker. I said it just briefly in passing Any private Member’s Bill has to be assessed against several criteria, the first of which is: what is it designed to do, and is there a real purpose for it? Having looked at it, I think that this Bill is essentially about clarity. I would like to be clear about what the Bill is and is not designed to do. It is a short Bill that would omit sections 146(4) and 147(3) of the Criminal Justice and Public Order Act 1994, which allow the dismissal of a person from the merchant navy just because they have engaged in homosexual conduct. The lesbian, gay, bisexual and transgender rights campaigner Peter Tatchell has said: "It is shocking that this exemption from the equality laws remains on the statute books, after so many years of law reform for gay equality. Repeal is long overdue, and most welcome." Section 146(4) of the 1994 Act extends to England, Wales and Scotland. Section 147(3) is the equivalent provision in Northern Ireland. The 1994 Act repealed section 2 of the Sexual Offences Act 1967, which stated—in, I hasten to add, the language that was used at the time—that "buggery" and "gross indecency" by a member of crew on a merchant navy ship constituted an offence. However, the 1994 Act explicitly maintained that homosexual conduct could be used as a ground for dismissal. Section 146(4) states: "Nothing contained in this section shall prevent a homosexual act (with or without other acts or circumstances) from constituting a ground for dismissing a member of the crew of a United Kingdom merchant ship from his ship." It is interesting to look back in Hansard at the objections that were raised against decriminalising the offences set out in section 2 of the 1967 Act. During the debate on the Bill in the other place on 10 May 1966, the Earl of Kilmuir quoted objections from seafarers’ organisations that believed that homosexual conduct could lead to "dissension" among the crew, and even to "violence" In the book "Hello Sailor! The Hidden History of Gay Life at Sea" by Jo Stanley and Paul Baker, which was published in 2003, the authors discussed the problem faced by gay crewmen in the merchant navy. They wrote: "In the 1950s…all gay men were, to an extent, part of an anti-society, but this was even more apparent in the Merchant Navy, where being gay could result in dismissal or transfer." As I think my hon. Friend the Member for Milton Keynes South said in passing, this was a genuine fear of being dismissed. Homosexual crew men were so frightened of being discovered that they communicated in a slang code—a form of secret code—that they called Polari. Apparently, its name comes from the Italian word "parlare", which translates as "to talk". Those are snapshots of a different attitude from a different era. The provisions in the 1994 Act remind us of what things were like in the 1950s, and I suggest that that is evidence for why they have no place on the statute book in the 21st century The next factor I look at when considering a private Member’s Bill that comes before the House on a Friday is how big the problem is that the Bill seeks to address: having established that there is a problem, how big is it? For this Bill, the question is: how many merchant navy crewmen would it affect? In the book "Maritime History and Identity: The Sea and Culture in the Modern World" by Duncan Redford, published in 2013, it is observed that one of the practical obstacles for shipping lines wanting to dismiss homosexual crewmen was that demand for stewards exceeded supply, and a total dismissal of gay or bisexual workers "would have decimated the workforce and made ships inoperable." The short answer to the question of how many have been dismissed even in recent times is, I suspect, either not many or perhaps no one The maritime news website Lloyd’s List stated in an article about the Bill we are now considering posted on 6 July: "Both shipping employers and shipping unions said…they were unaware of anyone losing a job on such grounds, at least in recent decades." I must confess—I am pleased to say this—that it is not an issue that has been raised with me as a constituency MP. I would be interested to know whether other hon. Members in the Chamber have had constituents raising the problem with them. It is perhaps why repealing sections 146(4) and 147(3) of the Criminal Justice and Public Order Act 1994 has not been seen as a particularly urgent matter.