Allan Wilson MSP
Cunninghame North

Policy Briefings

 


 

Section 28 ("Ethical Standards in Public Life" Bill)  
Briefing published - May 2000
 


Background

As part of the Scottish Executive's "Ethical Standards in Public Life" Bill, they propose to repeal Clause 28 of the Local Government Act of 1986 which prohibits the "promotion of homosexuality" by a local authority. This subject has caused heated debate throughout the country. The repeal has the support of three of Scotland's main political parties, as well as a number of major groups in Scottish society, such as COSLA and the STUC. However, there has been a high profile "Keep the Clause" campaign which has kept the issue at the very top of the political agenda.


 
Q. Why does the Scottish Executive want to repeal Section 2a?

A. The Executive has included repeal of Section 2a as part of its “Ethical Standards in Public Life Bill”.  The repeal of this piece of legislation is seen by the Executive as being necessary to reduce social exclusion in Scotland.  At the moment, teachers are being bound by not being able to discuss homosexuality in the classroom.  Indeed, in a recent poll, well over half of teachers surveyed said that they believed that the repeal of Section 2a was essential.  The repeal will also arm teachers against incidences of homosexual bullying, and will allow them to take appropriate action.  Essentially, the Executive believes that this legislation has no place in a modern day democracy and is simply discriminatory and vindictive.

Q. But surely this was needed to curb unsuitable material being made available to schoolchildren?

A. Of course it is important that inappropriate material is kept out of the classroom.  However, drawing a distinction between homosexually explicit material and heterosexually explicit material is unhelpful.  It is vitally important that schoolchildren receive sex education which is suitable for their age and stage of development.  To claim that a law which states that a local authority shall not promote homosexuality ensures this is naïve and, frankly, ludicrous.

Q. Why has the Scottish Executive not had a referendum on the subject?  After all, the Labour Party seems so keen on them when public opinion is on their side.

A. There have only ever been three referendums held in Scotland, and these have all related to matters of constitutional or governmental change.  These were; the 1975 referendum on whether or not the United Kingdom should remain within the European Community, the 1979 referendum on the establishment of a Scottish Parliament, and the 1997 referendum on the same topic.  There is no precedent for a referendum on matters of policy.  Scotland has a representative parliamentary democracy, and therefore has no need for constant policy-oriented referendums.  In Switzerland, where referendums are held at a rate of almost one a week on all sorts of issues, including matters of governmental policy, turnouts are often negligibly low.  This adds absolutely no legitimacy to the process, and indicates that the only need for referendums is on matters of extreme importance to the country at large.

Q. Why would any government want to “promote” homosexuality to impressionable young children?

A. This is the last thing that the Scottish Executive wants to do, and it will not happen.  It is not the responsibility of governments, local authorities or schools to “promote” one kind of sexuality.  However, as the law currently stands, a kind of sexuality is being discriminated against, and this is not the duty of governments either.  This discrimination would not be tolerated on race, religion or gender, and nor should it be.  The Executive wants to ensure that it is not tolerated on sexuality either.

Q. If England are now on the verge of dropping the repeal of Clause 28/Section 2a, then what are Donald Dewar, Sam Galbraith and Wendy Alexander trying to prove by insisting it must still be repealed in Scotland?

A. England are not on the verge of scrapping the repeal of Clause 28 and it will be repealed at Westminster as well as in the Scottish Parliament.  Indeed, as recently as March, Prime Minister Tony Blair was in Scotland outlining why he believed repeal was necessary.

Q. Is this not another example of England using Scotland as a guinea pig for political decisions, as happened with the poll tax?

A.  No.  Repeal is being proposed on both sides of the border.

Q. Schools are for education, not for the promotion of sexual values.  What about the importance of the three “R”s?

A. You are right in one respect here.  Schools should not be about the promotion of a certain kind of sexuality.  However, it is important that there is a standard sex education programme being run throughout the country to ensure that future generations of Scots grow up well-informed and free of prejudice.  The importance of children being informed about the dangers of unprotected sex, for example, cannot be over-emphasised.  Those who advocate burying their heads in the sand must realise that an uninformed, sexually naive teenager is far more likely to fall prey to sexually transmitted disease or unwanted pregnancy than one who is fully aware of the facts.

Q. What will the Executive do if Brian Souter’s referendum shows a majority of the population opposing repeal?

A. The Keep the Clause “Independent” referendum is NOT a referendum.  It is being organised by a group who have already spent £1.75million pounds on opposing repeal, and the campaign has not been bound by the long-established electoral rules in this country.  As well as this, this plebiscite has been damaged by tens of thousands of Scots voters being excluded from casting their votes due to problems with the electoral roll.  No-one under 19 has received a ballot paper, yet many people have received more than one.  This is nothing more than an expensive opinion poll, and I would expect that it will carry no more weight than any other opinion poll.

Q. Does the level of debate surrounding this issue concern you?

A. Absolutely.  Constant references to the “gay mafia” and the “gay lobby” have only served to cheapen the debate.    However, the flip-side of this has been the ease with which certain members of the pro-repeal side have labelled those opposed to repeal as “homophobes” and “bigots”.  This is not always the case.  Certainly, I have had people write to me and visit my surgery who do fall into these categories.  However, there are many in society who, perhaps as a result of a well-run campaign of misinformation, have genuine fears which are merely based on concerns for their children, and not on homophobia and bigotry.  I would like to see this debate move on, and see a more rational consideration of the issue.

 Click here to read the Ethical Standards in Public Life (Scotland) Bill


 

Return to Policy Briefings Home

 

 

For further information contact:
Allan Wilson MSP 01294 605040 (Office)
or 07711038711 (Mobile)

[Home Page] [Surgeries] [Press Releases] [Speeches] [Policy Briefings] [Cunninghame North]
[Annual Reports] [Photo Gallery] [Biography] [Links] [Contact] [Guestbook] [Search] [Site Map]