1998 MPs’ attempt to lower age of consent to 16 blocked by the Lords

1998 MPs’ attempt to lower age of consent to 16 blocked by the Lords

In 1998, a significant attempt was made by MPs to equalise the age of consent for homosexual acts at 16, aligning it with the age for heterosexual acts. This measure was ultimately blocked by the House of Lords, sparking a multi-year constitutional battle. 

The 1998 Legislative Attempt 

• The Proposal: Labour backbencher Ann Keen introduced an amendment (New Clause 1) to the Crime and Disorder Bill in June 1998. The goal was to lower the age of consent for gay and bisexual men from 18 to 16.
• Commons Support: The House of Commons overwhelmingly supported the measure on a free vote, passing it by 336 to 129 (a majority of 207).
• Lords Opposition: A month later, in July 1998, the House of Lords rejected the amendment by a large majority of 290 to 122. 

Key Arguments and Leaders

• Opposition: The campaign against the measure was led by the Conservative peer Baroness Young. Opponents argued that the lower age of consent would fail to protect “vulnerable young people” and cited concerns about public opinion and traditional family values.
• Support: Proponents, including then-Home Secretary Jack Straw and gay rights group Stonewall, framed the issue as one of basic equality and human rights. They noted that the existing law discriminated against young men and caused personal misery. 

Outcome and the Parliament Act

• Tactical Withdrawal: Fearing that the entire Crime and Disorder Bill would be lost if they insisted on the amendment, the government decided not to challenge the Lords’ rejection in 1998.
• Subsequent Rejections: The government reintroduced the measure as a standalone Sexual Offences (Amendment) Bill in the 1998–99 and 1999–2000 sessions. The Lords rejected it again in April 1999 and November 2000.
• Bypassing the Lords: To overcome the repeated blocks, the government invoked the Parliament Acts 1911 and 1949. This allowed the bill to receive Royal Assent without the Lords’ consent on November 30, 2000, marking only the fourth time since WWII the Act had been used. 

The resulting Sexual Offences (Amendment) Act 2000 finally equalised the age of consent at 16 across most of the UK (and 17 in Northern Ireland) starting in January 2001. To address protection concerns, the Act also introduced the new offence of “abuse of trust” for adults in positions of authority over 16- and 17-year-olds. 

The 1998 attempt to lower the age of consent to 16 triggered a polarized community response, characterized by intense activism from gay rights groups and vocal opposition from religious and traditionalist organizations. 

Support from Gay Rights and Advocacy Groups

• Stonewall: The group led a major campaign for “The Case for Equality,” arguing that the existing law was discriminatory and caused personal misery for young men. Angela Mason, then executive director, labelled the House of Lords “completely out of touch with modern Britain” following the rejection.
• OutRage!: Led by Peter Tatchell, this direct-action group held candle-lit vigils outside Parliament and characterized the Lords’ block as a “victory for homophobia”. They used the defeat to call for a democratically elected second chamber.
• Health and Legal Groups: A coalition including the National AIDS Trust, Family Planning Association, and Brook Advisory Centres issued a joint statement supporting the change, arguing that criminalizing young men prevented them from seeking vital health advice. 

Opposition from Religious and Traditionalist Groups

• The Church of England: The Archbishop of Canterbury, Dr. George Carey, and the House of Bishops formally opposed the change, stating that priority should remain on traditional marriage and that the law must protect “vulnerable” boys from older men.
• The Christian Institute: This organization and other “family values” campaigners supported Baroness Young, arguing that 70% of the public backed the peers’ decision to maintain the age at 18. They framed the issue as a necessary protection for children from exploitation.
• Public Opinion: Baroness Young cited opinion polls suggesting that a majority of the public was concerned about the potential for “predatory” behaviour if the age was lowered. 

Protests and Public Unrest

• Parliament Square Protests: News of the rejection in 1998 (and during similar votes in 1994 and 1999) led to furious protests outside Parliament. In one instance, a “mini-riot” occurred, during which actor and Stonewall co-founder Ian McKellen addressed the crowd to try and maintain dignity while lambasting the legislative defeat.
• Abuse of Trust Concerns: Community concerns regarding “vulnerable children” in foster care or penal institutions were influential enough that the government eventually included a new “abuse of trust” offense in the final 2000 Act to appease some opponents. 

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