The Lib Dem leadership finally sees sense on Secret Courts

No government policy has made party members unhappier. Fortunately, Clegg is about to pledge to repeal it.

One of the best things about being a member of the Lib Dems is that twice a year you get to have a blazing row with your leadership about why they don’t know their arse from their elbow and that time is shortly upon us once again. Yes folks, conference season starts next week.
 
And as per normal there’s no shortage of rows on the horizon as the leadership suggests the party faithful back Osbornomics, ask us to agree that they were right all  along about tuition fees, and invite us to keep Trident. Oh, it’s going to be a corker this year…
 
But one of the other nicest things about being a member of the Lib Dems is that from time to time, the leadership listens, holds its hand up, accepts it go it wrong – and changes stuff. And one of those occasions will also happen next week. It seems the leadership has accepted that the party faithful may have had a point over what was THE row of Spring Conference 2013 and is prepared to reverse the legislation on Secret Courts.
 
You’ll have to hunt hard for proof of this, but fortunately I know a man with both a magnifying glass and the inside track. And in the penultimate debate of conference, a motion is being proposed by David Laws and seconded by Duncan Brack (each representing, I think it's fair to say, opposite ends of the party) inviting conference to endorse the manifesto themes paper.
 
With a foreword by Nick Clegg, hidden away on Page 22, it says:
 
We will find practical alternatives to the use of closed material proceedings within the justice system, including the provisions of the Justice and Security Act 2013, with the aim of restoring the principle of open justice.
 
Now, while the party will argue endlessly with itself over various aspects of policy on health, education, defence or the economy, give it a civil liberties issue and it will unite in a moment. Because that’s the main reason why most people join the Liberal Democrats. And as a result Secret Courts is probably the thing that’s happened in government that makes folk unhappiest.
 
And joy of joy – Nick’s held his hand up and concurred. Hats off.
 
Now, there’s a way to go yet. Conference has to vote for it, the full manifesto has to be written – and we’ve got  to be part of the next government to repeal the current legislation. There’s a way to go yet.
 
But at least we’re on the right road.
 
Richard Morris blogs at A View From Ham Common, which was named Best New Blog at the 2011 Lib Dem Conference
Nick Clegg speaks at last year's Liberal Democrat conference in Brighton. Photograph: Getty Images.

Richard Morris blogs at A View From Ham Common, which was named Best New Blog at the 2011 Lib Dem Conference

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"We repealed, then forgot": the long shadow of Section 28 homophobia

Why are deeply conservative views about the "promotion" of homosexuality still being reiterated to Scottish school pupils? 

Grim stories of LGBTI children being bullied in school are all too common. But one which emerged over the weekend garnered particular attention - because of the echoes of the infamous Section 28, nearly two decades after it was scrapped.

A 16-year-old pupil of a West Lothian school, who does not wish to be named, told Pink News that staff asked him to remove his small rainbow pride badge because, though they had "no problem" with his sexuality, it was not appropriate to "promote it" in school. It's a blast from the past - the rules against "promoting" homosexuality were repealed in 2000 in Scotland, but the long legacy of Section 28 seems hard to shake off. 

The local authority responsible said in a statement that non-school related badges are not permitted on uniforms, and says it is "committed to equal rights for LGBT people". 

The small badge depicted a rainbow-striped heart, which the pupil said he had brought back from the Edinburgh Pride march the previous weekend. He reportedly "no longer feels comfortable going to school", and said homophobia from staff members felt "much more scar[y] than when I encountered the same from other pupils". 

At a time when four Scottish party leaders are gay, and the new Westminster parliament included a record number of LGBTQ MPs, the political world is making progress in promoting equality. But education, it seems, has not kept up. According to research from LGBT rights campaigners Stonewall, 40 per cent of LGBT pupils across the UK reported being taught nothing about LGBT issues at school. Among trans students, 44 per cent said school staff didn’t know what "trans" even means.

The need for teacher training and curriculum reform is at the top of campaigners' agendas. "We're disappointed but not surprised by this example," says Jordan Daly, the co-founder of Time for Inclusive Education [TIE]. His grassroots campaign focuses on making politicians and wider society aware of the reality LGBTI school students in Scotland face. "We're in schools on a monthly basis, so we know this is by no means an isolated incident." 

Studies have repeatedly shown a startling level of self-harm and mental illness reported by LGBTI school students. Trans students are particularly at risk. In 2015, Daly and colleagues began a tour of schools. Shocking stories included one in which a teacher singled out a trans pupils for ridicule in front of the class. More commonly, though, staff told them the same story: we just don't know what we're allowed to say about gay relationships. 

This is the point, according to Daly - retraining, or rather the lack of it. For some of those teachers trained during the 1980s and 1990s, when Section 28 prevented local authorities from "promoting homosexuality", confusion still reigns about what they can and cannot teach - or even mention in front of their pupils. 

The infamous clause was specific in its homophobia: the "acceptability of homosexuality as a pretended family relationship" could not be mentioned in schools. But it's been 17 years since the clause was repealed in Scotland - indeed, it was one of the very first acts of the new Scottish Parliament (the rest of the UK followed suit three years later). Why are we still hearing this archaic language? 

"We repealed, we clapped and cheered, and then we just forgot," Daly says. After the bitter campaign in Scotland, in which an alliance of churches led by millionaire businessman Brian Souter poured money into "Keeping the Clause", the government was pleased with its victory, which seemed to establish Holyrood as a progressive political space early on in the life of the parliament. But without updating the curriculum or retraining teaching staff, Daly argues, it left a "massive vacuum" of uncertainty. 

The Stonewall research suggests a similar confusion is likely across the UK. Daly doesn't believe the situation in Scotland is notably worse than in England, and disputes the oft-cited allegation that the issue is somehow worse in Scotland's denominational schools. Homophobia may be "wrapped up in the language of religious belief" in certain schools, he says, but it's "just as much of a problem elsewhere. The TIE campaign doesn't have different strategies for different schools." 

After initial disappointments - their thousands-strong petition to change the curriculum was thrown out by parliament in 2016 - the campaign has won the support of leaders such as Nicola Sturgeon and Kezia Dugdale, and recently, the backing of a majority of MSPs. The Scottish government has set up a working group, and promised a national strategy. 

But for Daly, who himself struggled at a young age with his sexuality and society's failure to accept it, the matter remains an urgent one.  At just 21, he can reel off countless painful stories of young LGBTI students - some of which end in tragedy. One of the saddest elements of the story from St Kentigern's is that the pupil claimed his school was the safest place he had to express his identity, because he was not out at home. Perhaps for a gay pupil in ten years time, that will be a guarantee. 

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