The Legislation
The full text of the relevant part of the Act is available here together with Explanatory Notes
The Government's official advice can be found here
What's at stake
The central issue is not whether violent and abusive behaviour is
defensible. It is not, as everyone agrees. Rather, the issue is whether this
law will criminalise non-abusive activities engaged in by consenting
adults.
The question that immediately follows is this: if the activities or material
in question are not abusive, should they be outlawed because some (even most)
people find them distasteful ?
It is worth remembering that a majority once took
that view on homosexuality.
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Stay out of the bedroom
" The criminal law is drafted with great care, but sometimes its specific wording can trap victims and sentencers alike into facing unintended and unacceptable consequences. "
Jack Straw, opening for the Government in the House of Commons debate on this legislation in October 2007.
QC's conclusion "real concerns"
"In conclusion, I consider that the legislation as proposed gives rise to real concerns as to its compatibility with an individual's rights under Articles 8 and 10 of the Convention."
QC Rabinder Singh's Legal Opinion