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Stubbs ready to offer House new gay sex bill

The new bill would address colleagues' concerns about whether his original private member's bill placed young males at risk, Dr. Stubbs told The Royal Gazette yesterday.

and introduce a new one.

The new bill would address colleagues' concerns about whether his original private member's bill placed young males at risk, Dr. Stubbs told The Royal Gazette yesterday.

It would make 16 the age of consent for males to engage in homosexual sex, he said.

Originally, Dr. Stubbs wanted to deal with the age of consent and any consequential legislation after his bill was passed.

He felt matters like age of consent would "muddy the waters,'' he said.

"This is a whole can of worms I was seeking to avoid,'' Dr. Stubbs said.

"But when five or six of my colleagues are saying that unless we sort these matters out, they can't support the bill, then I had to sit up and take notice.

"As it turns out, it looks as though we are going to take a short cut that leaves some of the odious phrases (in the Criminal Code) untouched, but achieves what we wanted in the first place.'' The issue was one of human rights, he said.

In a free vote, the House is expected to be almost evenly split on decriminalising sex between consenting males.

Debate on Dr. Stubbs' bill, which has also divided the Island's churches, was postponed on Monday after concerns were voiced by MPs who would otherwise support the change.

The original bill would have simply removed Sections 177 and 179 from the Criminal Code. Those sections outlaw buggery and attempted buggery involving men or women, as well as "gross indecency'' between males, whether in public or private.

The age of consent for females is 16, but the Criminal Code does not establish an age of consent for males. There were concerns that legalising buggery without setting a male age of consent would leave any boy older than 14 unprotected.

The Sexual Offences Act protects any child under 14 from sexual exploitation.

Besides wanting an age of consent for sex between males, some MPs felt amendments were needed to other sections of the Criminal Code to protect young people.

Dr. Stubbs said his bill would recommend 16 as the age of consent, but he could agree to making it 18 if MPs wished.

Lawyers were assisting him in drafting the bill, and there was also informal consultation with the Attorney General's chambers.

Dr. Stubbs said he wanted his new bill to receive first reading on Friday, so MPs would have time to consider it over the Easter recess. The House is scheduled to return on May 6.

"It's been an exciting roller coaster ride,'' Dr. Stubbs said. "I think we could still have dealt with it on Monday.'' Leaders of the Anglican and Roman Catholic churches support decriminalisation of gay sex, while the AME and most small churches are opposed.