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Committee call for cottaging compromise
MPs have called for a compromise between the Home Office and the House of Lords over the laws covering cottaging.
The home affairs select committee released a report calling for a specific offence to be created banning sex in public toilets.
The activity is currently covered by laws on buggery and gross indecency which are set to be repealed by the Sexual Offences Act.
But the Lords have sent the bill back to the Commons with a clause outlawing the practice included.
Home Office officials insist that the problem can be dealt with by already existing clauses covering public decency.
However the committee argue that any confusion should be cleared up by spelling out explicitly that all sexual activity in public toilets is an offence when the bill returns to the Commons on Tuesday.
They propose an amendment to the separate Public Order Act, stating that its prohibition of "threatening, abusive or insulting behaviour" includes cottaging.
"There is much concern and disagreement as to whether this bill will legalise sexual activity in public toilets," the committee said.
"We recommend that sexual activity in public toilets should be a criminal offence and suggest that this could be dealt with by an amendment to Section Five of the Public Order Act 1986, which makes it clear that 'insulting' behaviour includes sexual behaviour.
"This would dispense of the need to prove specific sexual acts and so has the advantage of empowering the police to give a warning before making an arrest."
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