Merchant Shipping (Homosexual Conduct) Bill — House of Commons, 2017-01-20
Topic: Civil Rights
David Nuttall (Conservative, Centre-right): My hon. Friend makes a good point. I would venture to suggest that being in a confined space for weeks or months at a time can indeed increase the stress factor. There is a further impact, in that some operators impose bans on things such as smoking on safety grounds, even though they apply to what is a private living space—someone’s home—and would not apply in other areas. Nevertheless, this Bill would put it beyond any doubt that homosexual conduct, which would be perfectly lawful in all other spheres, would not provide any grounds for dismissal and would protect any seafarer should an employer try to enforce the old rules As the explanatory notes to the Bill make clear, the problem with leaving sections 146(4) and 147(3) of the 1994 Act on the statute book is that it gives the impression that gay or bisexual people are not welcome in the merchant navy. Anybody who comes across those provisions on the internet, or as they are passed down from generation to generation, could be deterred from applying for a job in the merchant navy. As we position Britain as an outward, globally trading nation, it is important that we encourage people from all backgrounds and walks of life to go into trading and commercial professions. From cargo to leisure, recruiters will need skilled and capable workers who are undeterred from applying. Any artificial barriers to employment that may be construed from the 1994 Act are very unhelpful indeed I believe that laws should be clear and precise, so even though we are not faced with an enormous practical problem, in terms of vast numbers of dismissals, it is necessary to neaten up the statute book to avoid any confusion. It is simply good practice. Indeed, Andrea Woelke, the chair of the Lesbian and Gay Lawyers Association, is reported in Lloyd’s List as saying that repeal of those sections of the 1994 Act "creates legal certainty and sets the right sign" One other question that I always ask when considering a private Member’s Bill is that of cost. It is important when scrutinising private Members’ Bills on a Friday to ask whether there will be any cost to the public purse. So often worthy issues are raised, but we then find out that they come with a hefty price tag attached, requiring a money resolution and ultimately diverting taxpayers’ funds from other important calls on the public purse. I am pleased to say, however, that, as the explanatory notes make clear, there is no anticipated cost to the public purse The Bill has two clauses, and I have dealt with the first, but I want to touch briefly on the second, which deals with the Bill’s commencement, extent and short title. Clause 2(1) states: "This Act comes into force at the end of the period of two months beginning with the day on which it is passed." On the face of it, that is a standard and routine provision, and it would seem reasonable. There would be no requirement for a longer adjustment period, because the merchant navy is already required to abide by the Equality Act 2010, and thus would not have to make any changes in what it already does. Arguably the only change is the confirmation that the provisions in the 1994 Act no longer apply, and therefore could no longer be used as grounds for dismissal. If the merchant navy tried to do that, it would be prevented, and a seafarer would have protection under the equalities legislation I do, however, believe that there is an argument for a shorter period. Having thought about the matter, I can see no reason why the words in the middle of that sentence should not be omitted, so that the sentence would read: "This Act comes into force on the day on which it is passed." My hon. Friend and the lawyers may wish to give some thought to that before the Bill proceeds further As a rule, I have no truck with legislation that is purely symbolic. To my mind, legislation is not there simply to make gestures, and I would not support a Bill solely on that basis. However, I believe that this Bill serves a genuine purpose. It tidies up existing legislation, and clarifies the issue with which it deals for the benefit of both the public and employers. It has identified an anomaly in the law, and seeks to address it. I think that it will make life easier for employers and employees in the merchant navy, and is therefore a good step forward. I note, incidentally—I do not think that this has been mentioned so far today—that there is an annual Merchant Navy Day on 3 September. Many local councils participate, including Bury council in my constituency, and the red ensign, the official flag of the merchant navy, is flown on public buildings Our commercial seafaring operations will continue to be a crucial part of this country’s global future, and it is important for the legislation applying to it to support equality and be fit for the 21st century. I believe that this Bill is relatively uncontroversial, as well as being straightforward and sensible, and that it should be allowed to make progress. I will support it, and I urge Members on both sides of the House to do likewise.