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Tory MPs to be allowed free vote on Section 28

Paul Waugh,Andrew Grice
Saturday 02 November 2002 01:00 GMT
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Iain Duncan Smith is preparing to underline his commitment to the modernisation of the Conservative Party by allowing his MPs a free vote on Section 28.

The clause of the 1988 Local Government Act bans schools from the "promotion" of homosexuality. Attempts at its repeal have been blocked by hardline Tory opponents.

But in what will be seen as a hugely symbolic step in changing the Tories' image, Mr Duncan Smith has privately indicated that he intends to allow MPs to vote according to their conscience.

Yesterday, there were further rumblings over Mr Duncan Smith's leadership. Kenneth Clarke, a former chancellor, refused to match a pledge by the former party chairman David Davis not to challenge the Tory leader. "I've got this curious hobby of standing for the leadership of the Conservative Party," Mr Clarke said. "I hold the all-time world record of being runner-up. But I did assume when we had the leadership election that that was the leader for the Parliament, and that is the assumption on which I am still resting."

Some MPs were critical of Theresa May, the party's chairman, for not acting to quell speculation. One said: "When David Davis was chairman, he was out there putting out fires. Theresa May has been invisible."

When legislation to repeal Section 28 returns in the parliamentary session starting next month, the Tories will table an amendment agreeing to its abolition if safeguards can be introduced to maintain protection of children from unsuitable material.

If, as expected, the Opposition's amendment fails, Tory MPs will be allowed a free vote for the first time. The more liberal approach would contrast sharply with the Tories' hardline opposition to proposals to allow unmarried and homosexual couples to adopt. The party will vote against the Children and Adoption Bill when it returns to the Commons on Monday.

Mr Duncan Smith said yesterday: "The vulnerable people are the children in care, not those who want to make a lifestyle statement." He said a huge number of married couples were not allowed to adopt and should be given the right.

In a concession to Shadow Cabinet members who support gay adoption, Tory MPs will be allowed to absent themselves from the vote. But Tory peers are likely to kill off the move because the parliamentary term ends on Thursday.

Although modernisers lost the argument on gay adoption, a free vote on Section 28 would represent a significant victory in the battle to change the face of the party. The Shadow Cabinet is split on the issue, with a narrow majority in favour of abolition. But while some shadow ministers have no fixed view, about six are determined opponentsand are wary of any move that could unleash a backlash from the grassroots.

Mr Davis is a well-known sceptic and will have the job of co-ordinating Tory tactics as he shadows the Office of the Deputy Prime Minister, the department expected to bring in a bill in the Queen's Speech.

Mr Duncan Smith is keen to avoid a row on the matter and believes a common position can be found that will retain the "spirit" of Section 28's attempt to protect children without stigmatising homosexuals.

* An activist at the centre of claims that disillusioned Tories could form a breakaway "start again party" has been removed from the Tory parliamentary candidates' list. Conservative Central Office informed Nick Weston he was "unsuitable and lacked judgement".

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