Liberal reforming legislation 1964-70

Labour government did not set out with a liberalising agenda

• their manifestos made no mention of moral issues
• Labour leaders e.g. Wilson and Brown were conservative on moral issues and working class Labour MP's remained suspicious of change 
• However, laws on moral questions were usually free votes (individuals can vote according to their own conscience rather than following official party line) 
• Labour also favoured the use of 'expert witnesses' and a technical and rational approach to alterations in the law 

Though the vast majority of proposed legislation passing through Parliament is government bills, there is also the provision for backbencher MP's to propose legislation through private members' bills 

• 1960s- saw backbench MPs bring forward reforms through this mechanism 
• successful because Jenkins, as Home Secretary, was sympathetic and enabled enough parliamentary time to be available for reforms to be passed 

Arguments against the death penalty advanced in the 1950s 

• though public opinion remained sharply divided, anti-hanging campaign increased in popularity due to the case of Ruth Ellis, a young mother who had murdered her unfaithful lover in 1955 
• 1957- Conservative Party reduced the number of offences carrying the death penalty 

1960s 

• Sydney Silverman- continued campaign to win support for total abolition 
• 1965- on a free vote, hanging was abolished for a trial period of 5 years 
• 1969- captial punishment permanently abolished 
• Jenkins also refused to authorise the beating of prisoners, which stopped after 1967 and he brought in 'majority verdicts' for English juries rather than demanding unanimity (all 12 jurors had to agree on the verdict, now only 10 did)
• This 'majority verdict' helped convict dangerous and professional criminals 
• However, the abolition of hanging did not significantly reduce the number of murders of violent crimes 

Until 1960s

• divorce law demanded evidence that one party had committed adultery, to gain this rich had to use private detectives and cameras, but for the less wealthy divorce was often impossible 

1960s reform 

• Jenkins believed the current law was out of date 
• 1969- Divorce reform Act was passed 
• allowed for a 'no fault divorce' following th 'irretrievable breakdown' of a marriage 
• Couples could divorce if- they had lived apart for 2 years and both partners agreed, they had lived apart for 5 years and one partner wanted the divorce 
• Yet, not all MPs were in favour

Impact of the reform 

• 1950 there were fewer than 2 divorce decrees per 1000 married couples in England and Wales, mid 1970s nearly 10 divorce decrees per 1000 married couples 
• Though the divorce increase could be partly explained by growing female indepence, the Act did play a major role 

Until 1967 

• abortion (except on strict medical grounds) was illegal 
• only way of terminating a pregnancy was to find a private clinic, if you could afford the fees or search out a backstreet abortionist if not 
• 100,000-200,000 illegal abotions were performed each year 
• around 35,000 women were admitted to hospitals with complications as a result of backstreet abortions 
• between 1958 and 1960- 82 women died after backstreet abortions 

Campaigning for legalisation of abortion 

• Abortion Law Reform Association campaigned for reform since 1945 arguing legal obstacles to abortion ought to be removed to end the problems of backstreet abortions 
• The thalidomide disaster 1959-62 did more to sway public opinion
• However, not everyone was convinced- 1966 Society for the Protection of the Unborn Child was set up to oppose liberalisation of the law, fearing extension of abortion beyond strict medical grounds would lead to abortion on demand 

Campaigning for legalisation of abortion 

• Liberal MP David Steel led reform campaign in parliament, supported by Labour government and a number of Conservatives 
• Roy Jenkins ensured an all night Commons sitting in order to pass the bill 

The Abortion Act 1967

• permitted the legal termination of a pregnancy within the first 28 weeks, under medical supervision and with the written consent of 2 doctors 
• the only justification needed was 'mental suffering' of the pregnant woman, not just her physical condition 
• Pro-abortionists celebrated, but hopes that the availability of more effective contraceptives and better education would limit the need for abortion proved false 
• Number of abortions increased from 4 per 100 live births 1968 to 17.6 per 100 live births in 1975

Until 1960s- men could be imprisoned for 2 years for participating in homosexual acts 

• The Conservative government had rejected the Wolfenden recommendation to decriminalise homosexuality 
• The Labour government of 1964 was divided on the issue
• Abse, the Labour backbencher, took up the cause
• With Jenkins support, Abse was able to get enough parliamentary time for his private members bill to become law as the 1967 Sexual Offences Act

Though this did not legalise homosexual acts, it decriminalised them where three conditions were met 

• Both partners had to consent, both had to be over the age of 21, it had to be in private

The Act was welcomed by men who had previously been afraid to declare their sexuality and in some cases, been forced to lead double lives

However, the act was strictly interpreted, 'in private' was interpreted as no one else being in the same building, so it did not mean the complete end of prosecutions for homosexual practices 

1960s- idea that the different types of secondary school in the tripartite system were equal in status had passed 

• Secondary modern pupils were seen as 11+ failures
• The whole system appeared socially divisive and the majority of grammar school places went to those from a middle class background 

Local education authorities (LEA's) were responsible for schools and in some areas they had established comprehensive schools

• In comprehensive schools every child would have the same opportunities to learn at their own pace and sit exams according to their own abilities in each subject 
• 1964- 1 in 10 pupils were being educated in a comprehensive school, though this was still a minority 

1965- Tony Crosland, leading supporter of comprehensive system, became minister of education 

• he issued Circular 10/65 to all Local education authorities, requesting them to convert to comprehensive schools

Many authorities responded, especially after 1966 when the government made money for new school buildings conditional on the drawing up of plans 

• 1970- only 8 authorities had failed to convert and there were 1145 comprehensive schools catering for 1 in 3 of all state-educated secondary school pupils 

However, it was hard to say how successful the new comprehensives were 

• mergers and changes in status for schools caused disruption 
• Wilson justified them by claiming that comprehensives meant a 'grammar school education for all' but many middle class parents remained unconvinced 
• some turned to direct grant schools and independent schools, the comprehensive system was flawed from the start

Fears Britain was slipping behind in science and technological education led to the establishment of the Robbins Committee 1961

• The report found that Britain lagged behind France, Germany and the US in the provision of university places and too many students followed arts-related courses to the exclusion of science and technology studies 

The Labour government responded by expanding higher education 

• Polytechnics replaced Colleges of Technology, focus to be on applied education for work and science, they would concentrate on teaching rather than research
• Nine colleges of advanced technology became full universities and the Royal College of Science in Scotland became Strathclyde university 
• New universities to be founded and by 1968 there were 30 polytechnics and 56 universities 
• New institutions brought new courses and it became possible to take a degree in town planning and architecture 
• opened up higher education for many whose families had never attended university, though middle-class children still dominated the old universities 

March 1963- Labour Party study group proposed an experiment on radio and television to be called the 'University of the air'

• Following his election success in 1964, Wilson appointed Jennie Lee to consider the project and carry it through

September 1969- Open university's headquarters established in Milton Keynes

• Middle of 1970- enough applicants for first time students to begin their studies in January 1971
• the university used radio and television in innovative forms of distance learning, largely part-time students with different social profiles to traditional students
• attracted the mature, women and disadvantaged who had previously regarded themselves as educational failures

1980- the Open university had 70,000 students and was awarding more degrees than Oxford and Cambridge combined