Lord Parkinson of Whitley Bay (Con)

My Lords, I want to make sure that in this debate we do not forget the case of our late noble friend, Lord Montagu of Beaulieu, who was imprisoned for 12 months for homosexual acts and would have fallen foul of my noble friend’s amendment, even as amended by my noble friend Lord Hailsham. He was charged under the same Act of Parliament as Oscar Wilde and many other gay men. The Montagu case of 1954 gave direct rise to the Wolfenden report of 1957 and the decriminalisation of homosexuality 10 years later—a campaign led in your Lordships’ House, incidentally, by a Conservative hereditary Peer, the eighth Earl Arran, following the sad suicide of his brother. On his release from prison, Lord Montagu of Beaulieu returned to your Lordships’ House and remained an active and greatly esteemed Member, as well as highly engaged in civic life. He chaired the Historic Houses Association and English Heritage. He was elected to remain in your Lordships’ House in 1999 and announced his plans to retire only in 2015, the year that he died. So, while I agree with the sentiment that lawmakers should not be lawbreakers, it is important to remember that what constitutes a criminal offence is a question for legislation, and I for one am glad that the late Lord Montagu was able to remain a legislator.