According to the article, this is "a practice engaged in by one in 12 of the population". If that large a portion of the population think that something should not be illegal (and it's reasonable to assume that most people consider behaviour they indulge in should not be illegal), then perhaps their views should be considered rather than having them declared criminals. Perhaps though, Labour really wants to lose the next election. At least they consider losing 8.3% of the vote acceptable losses.