Friday 21st October 2016
(7 years, 6 months ago)
Commons ChamberSexual Offences (Pardons Etc.) Bill 2016-17 Read Hansard Text
This text is a record of ministerial contributions to a debate held as part of the Sexual Offences (Pardons Etc.) Bill 2016-17 passage through Parliament.
In 1993, the House of Lords Pepper vs. Hart decision provided that statements made by Government Ministers may be taken as illustrative of legislative intent as to the interpretation of law.
This extract highlights statements made by Government Ministers along with contextual remarks by other members. The full debate can be read here
This information is provided by Parallel Parliament and does not comprise part of the offical record
John Nicolson
I think a heterosexual has just come out of the closet.
Our very gayness has made Westminster the gayest Parliament in the world. [Interruption.] I am just looking at the gentleman in the wig and wondering how he is reacting. [Interruption.] He’s left, in fact.
I will never forget the men in the documentary I presented for the BBC, and their ruined lives—lives scarred by a bitter sense of injustice. When I came top of the ballot, I saw a golden opportunity. Society has moved on. We are now horrified by the inequalities of the past. We cringe when we read the homophobic rantings of some of our predecessors in this place. We believe that gay service personnel should serve, that being gay should be no bar to a career in the diplomatic service or any other service, that gay couples should be able to share a bed in a hotel, that gay kids should not be harassed and bullied at school, that chief constables should not send out officers to flirt with and entrap citizens, and that the age of consent should be equal. Looking across the House, I know that there is consensus about that in this place just as there is in society.
We do not want any of these prejudices for our future. But what about those living with unfair convictions from our past—how do we address their grievances and the injustices that they suffered? I detailed some of the cases that I covered for my documentary, and I am sure that all of us, as diligent MPs, have had mail from people who have found themselves in these circumstances. What about the men of 21 who had a boyfriend of 20 and as a result found themselves arrested, tried and convicted for under-age sex—just think about what it means to have that on your record—with a man who was perhaps only a few months younger than they were? These are people who were in a consensual relationship with a contemporary. That contemporary was old enough to serve in the military, drive a car and have a child of four legally, but was regarded by the homophobic laws of the time as a 20-year-old child unable to give consent. Those 21-year-olds have then had to endure, perhaps for decades, an unfair criminal conviction for under-age sex that may have blighted their lives.
Stonewall, the extraordinary gay rights organisation that has led the national debate on gay law reform, had a solution: the Turing Bill, named after the wartime code-breaking hero Alan Turing. Mr Turing may have been hailed by Churchill, but that did not prevent him from being charged as a homosexual and being chemically castrated. He committed suicide as a result. In his honour, Stonewall wants all gay men living with convictions for crimes that are no longer on the statute book to be pardoned. I could not think of a more noble Bill to pilot through Parliament. With old friends from all parts of the House, I felt that the Bill would attract all-party support, which indeed it has; I thank those who have supported it.
When I was approached by the Tory Whips and asked whether I would take on the Bill I was delighted to do so. The Conservative Whips asked me for a meeting and promised that if I took up the Turing Bill there would be—and I quote them exactly—
“no tricks and no games from our side.”
I felt as if I was in an episode of “House of Cards”. The right hon. Member for Surrey Heath (Michael Gove), a principled long-term campaigner for law reform, was the Justice Secretary at the time. He promised me the full support of the Justice Department.
I have worked closely with Stonewall on the Bill. Let me tell the House what the Bill does and does not do. It provides a blanket pardon for any gay man convicted of a crime that is no longer a crime. The meaning of that is patently obvious. If the crime for which someone was convicted is still a crime, by definition they are not pardoned. Let no one be confused about that.
The aim of this simple measure is, I hope, obvious. The pardon confers no immediate advantage except this: it will, I hope, bring closure to those men who have had to thole monstrous, unfair criminal convictions for decades. They may have had to hide their conviction from family or friends; it may have prevented them from applying for a job. With my Turing Bill they get a pardon and so belated justice and the knowledge that society has acknowledged that a great wrong was committed against them.
I believe that the vast majority of gay men with convictions will be satisfied with this anonymous, private triumph, but there may be some who want something more—who feel that they should not be offered a pardon for something that was never wrong in the first place. For those men I offer an additional option, should they choose it: they will be able to have their name expunged from the records. However—and this is important, as many Members have raised the point with me—the records are often imprecise. Often there were “catch-all” arrests where the police did not specify the detail. So where the records are imprecise and where it is unclear whether the under-age party was 20, 19, 18, 17, 16—or, crucially 15 or younger—the onus will be on the applicant to prove the age of his partner at the time of the arrest.
As a result, some men might not be able to have their records expunged because they are unable to provide the necessary proof, even though their then partner was over today’s age of consent—and I recognise that that will be deeply frustrating for them. However, this provision absolutely satisfies the concerns raised that we must be rigorous in ensuring that only those who have convictions for crimes not now on the statute book benefit from these measures. All the legal advice I have taken leaves me satisfied that this Bill absolutely addresses that concern and is as watertight as it is possible to be under the circumstances.
Stonewall believes that only small numbers of men will avail themselves of this provision—the second provision of my Bill. Many of the men affected are old, and these matters are far in their past and perhaps a secret. The requirements I am imposing would be time-consuming and perhaps distressing for them to satisfy. I believe and Stonewall believes that they will be satisfied with my automatic pardon. They will not seek to have the details expunged manually from their record.
If you will forgive me, Mr Speaker, I want to come back to the
“no tricks and no games”
promise. SNP Members may not be planning to stay in this House for very long, but other Members are passionate about Westminster and want Westminster to succeed, so surely nothing we do procedurally should bring this House into disrepute, when we know that certain words such as “filibuster” shock and horrify ordinary members of the public who think such things are appalling.
Mr Gyimah
I thank the hon. Gentleman for allowing me to intervene so early in the debate, and I congratulate him on all he is doing to raise in public the profile of this very important issue. The real question that we need to answer today is how we can deliver justice in the quickest, fairest way to those who have suffered the humiliation of conviction under archaic laws. Yesterday, the Government announced that we would answer this question with a legislative vehicle that will provide a pardon for those people within a few months. This delivers on a manifesto commitment, but it also has cross-party support. The amendment will be brought forward by a Liberal Democrat peer, and the Labour leader, the right hon. Member for Islington North (Jeremy Corbyn), yesterday called the move “a great victory” for all who have campaigned to right this wrong.
As well as honouring the dead, this would—[Interruption.] I would be grateful if the hon. Gentleman heard me out. As well as honouring the dead, the hon. Gentleman seeks a pardon for the living. We have developed a way to do that without giving any perception that the pardon covers perpetrators of sex with a minor or non-consensual sex.
What I would like to do today is to make a full and open offer to the hon. Gentleman to work with officials in the Ministry of Justice and the Home Office and with Stonewall to give real effect to this pardon for the dead and the living as fairly and quickly as possible. I therefore ask him to withdraw the Bill and support the amendment that has cross-party support in this House and in the other place to resolve an injustice that has been left unchallenged for too long.
John Nicolson
I thank the Minister for that, and I accepted the Government’s offer back in June. We have had plenty of time to chat about it. I have to say that standing up to propose an offer of co-operation on the very morning of my debate might be regarded as leaving it somewhat late for a further private chat. The Minister shakes his head to say that that was not his offer and that he did not know anything about it, but I can assure him that I have been talking to members of the Government on and off since June.
Yesterday, the Government—the Minister has just said it—accepted an amendment to the Policing and Crime Bill in the House of Lords and claimed that it was the Turing Bill. It is not, even though some rather obliging news outlets have trumpeted their claim after reading the press releases. I will leave it to Members to decide whether it is fair to attempt to hijack my Bill some 36 hours before its Second Reading in this place.
The private Member’s Bill process is, after all, intended to allow those of us not in government to seek to leave a legacy of legislation that we believe is good, kind and worth while. I believe that this Bill is kind. The amendment accepted by the Government would, if I understand it correctly, grant an automatic pardon to the deceased, yet the Minister says he is very concerned that the Bill’s provisions would be misused because some people who have behaved improperly would get under the radar and get pardons that they were not entitled to. If he thinks it is hard to enforce that for the living, imagine how much harder it is, by his own logic, to enforce it for the dead. There is an intellectual incoherence here. The Minister can shake his head, but there is an intellectual incoherence at the heart of what the Government are proposing, and I fear that they have not really thought it through.
I know that because I have been told in the course of introducing the Bill that I would get Government support; then that I would not get it; then that I would get Government support again; and then that I might get it. I am afraid that the Conservative Government have been all over the place on this. I was very keen to avoid this becoming a party political issue. At no point have I gone to the press or given interviews in which I have referred to the Bill as an SNP measure. In fact, as the Minister knows, it is an English measure. For those who criticise the SNP and say that we are overly concerned with the constitution and Scottish issues, here is something that tackles an English injustice.
John Nicolson
No, I will not.
I was keen to promote this Bill on a cross-party basis, and the large number of signatories from both the Conservative party and the Labour party who wanted to support my Bill rather proves the point.
John Nicolson
My humble apologies for saying “England only”. No one finds that more annoying than the Scots, so I beg the hon. Gentleman’s pardon for that. He will know, of course, that the Scottish Government have been a long-term champion of gay rights. The country has become famous for the progress it has made on this issue. I remember a time when we were told by opponents of devolution that we should not have a Scottish Parliament because we relied on Westminster to keep us liberal. That was an old argument that I remember from the 1970s: we needed English and Welsh MPs to keep us on the right side of liberal law reform, otherwise we would be a religious puppet state —a sort of Presbyterian Iran. I like to think that the progress we have made since Holyrood came into being has rather shown that we have a good record on this issue.
To address the hon. Gentleman’s point, I have had discussions with Scottish Ministers. There is, of course, widespread welcome in Scotland for this legislation, and it is my belief that Holyrood would enact something very similar in due course.
John Nicolson
No, I will not.
Let us focus exactly on what it is that the amendment that the Minister mentioned does. The amendment accepted by the Government would grant an automatic pardon to the deceased. Of course that is great, and my Bill makes the same provision, but I have to ask the House: should we not prioritise the living over the dead?
I wonder whether Members spotted an elderly gentleman who toured the TV and radio studios yesterday. He is a 93-year-old who feels immensely strongly—[Interruption.] No, no one on the Labour Benches. This was somebody different who toured the TV studios talking about the injustice that he feels about his criminal convictions. He hash-tagged himself “the oldest gay in the village” on Twitter. He is 93, and he says that he is determined to live to 100 to see justice served, because he has lived with a sense of injustice for all these years.
John Nicolson
I am going to make progress.
How odd would it look for the elderly to be told that they must wait until they die for the automatic pardon that the Government now seem to be proposing? Let us finish the law reform that we have started by recognising that the victims of society’s prejudices are still hurting, and are still alive. They deserve the peace that the Bill would bring. [Applause]
Craig Whittaker
The hon. Gentleman makes my point eloquently. The law relating to prostitution is so ambiguous that it is easy to see how people can be charged with offences that we consider ridiculous nowadays.
Whether or not one is morally opposed to some of these acts is not the issue. A progressive Government, in a modern-day democracy, will continue to consider all the issues and debate them openly. As a Conservative, I am proud that some progressive laws have been introduced under successive Conservative Governments. The decriminalisation of homosexuality is one example: it was Churchill’s Government who commissioned the Wolfenden report in the late l950s. That was by no means a turning point in history, but it was the start of a lengthy process to put right a great wrong.
It would be easy to argue—as I am sure many of my colleagues will—that a crime is a crime, and that that was the law of the land at the time. So why are we considering pardons for laws that our forefathers thought were apt for the time? Why should we feel guilty on behalf of past law-makers who, like us, made laws and passed legislation that fitted the mood and the times of that particular day? Why should there be a pardon for gay and bisexual men when there are so many other historical moral issues that could easily be subjected to the same argument?
For me, the answer has to be the police. We all know that, historically, we have seen our police forces operate in a way that has sometimes not been totally honest, open or above board. We need only recall what happened at Hillsborough, not to mention the cases of abuse that have been swept under the carpet. Even today, many Members still come across cases in respect of which we cannot help questioning the ethos of our local police forces, knowing full well what has gone on historically. When it comes to criminal convictions for homosexuality, it does not take too long to trawl the internet and see what was common practice on the part of local police forces in years gone by.
In 1958, a public lavatory used for cottaging in Bolton—not a million miles from my constituency—was well known to police and magistrates, but there had not been a conviction for 30 years. However, there would be intermittent trawls through the address books of suspected homosexuals, with the result that up to 20 men at a time would appear in the dock, accused of being a “homosexual ring”, although many of them might never have met each other before. In one case, there had been no public sex, no under-age sex and no multiple sex, yet the men were all dragged to court, and a 21-year-old who was considered to be the ringleader was sentenced to 21 months in jail. Interestingly, an issue of the Bolton News contained five letters in support of the convicted men and none against them. The deputy editor was visited by the local police, who wanted to know whether he really believed that this was what the people of Bolton thought about the enforcement of the law.
In the mid-1950s, there was the atmosphere of a witch-hunt—probably not unrelated to what was happening in America with McCarthy—and there were consequent opportunities for blackmail. A chap called Leo Abse, who eventually piloted the Sexual Offences Act 1967 through this very Parliament, recalled that, when he was a lawyer in Cardiff, all his fees from criminals suddenly started coming from the account of one man. He investigated, and found that the man was “a poor vicar”. The criminals were bleeding him dry through blackmail.
Members of Parliament on both sides of the House began to demand action, and one or two newspapers ran leaders. Then there was another high-profile case, in which the police were called to deal with one matter and ended up prosecuting for another. Edward Montagu, later Lord Beaulieu, contacted the police over a stolen camera, and ended up in prison for a year for gross indecency. Two of his friends, Michael Pitt-Rivers and Peter Wildeblood, got 18 months. Their trial in 1954 probably influenced the decision of the then Home Secretary, David Maxwell-Fyfe, to establish the Wolfenden committee to consider whether a change in the law was necessary.
Should men like those be pardoned? Of course they should. The police and magistrates clearly abused their powers to instil fear and practise entrapment. The question for us today, however, is whether we should support the Bill or wait for the Government amendment to the Policing and Crime Bill. This Bill proposes a blanket pardon for the living without the need to go through what is known as the disregard process. The Government amendment is exactly the same, but would mean that the living would have to go through the disregard process.
Mr Gyimah
We already prioritise the living, notwithstanding what was said by the hon. Member for East Dunbartonshire (John Nicolson). They can go through the disregard process and be given a statutory pardon at the end of it. What is important is the safeguard that prevents someone who has had sex with a minor from receiving a blanket pardon and then, for example, going to work in a school.
Craig Whittaker
I thank my hon. Friend for that clarification. He has taken two paragraphs out of my speech. One reason why I cannot support this private Member’s Bill is that, despite what the hon. Member for East Dunbartonshire (John Nicolson) claims, I do not believe that it is watertight. People could claim to have been cleared of certain offences when in fact those offences are still crimes. Such offences include having sex with a minor and non-consensual sexual activity.
Nick Herbert
The hon. Lady anticipates what I am about to say. I was explaining that I believe it is important that this House sends the right signal with a general pardon because of the effect on the living, because of those to whom an injustice has been done, because of the way in which young people in particular may anticipate how they will be treated, and because of the signal we might therefore send globally about the importance of standing up for human rights.
Mr Gyimah
The amendment that will be tabled by Lord Sharkey is not just a few lines in a Bill. Lord Sharkey is one of the most prominent campaigners on this issue: he has been campaigning for a long time, and yesterday’s announcement has already garnered global headlines and will continue to do so when the amendment is passed.
Nick Herbert
I had said I hoped to complete my remarks by 11 o’clock, but I can now see that that is not going to be possible, because what I want to say about the position of the Government and my hon. Friend the Minister is important, and it is important that we get a resolution to this matter. Whatever the history of the last few days, it seems to me—this was the point I was trying to make at the beginning of my speech—that there is broad agreement on the necessity of this measure, the value of it and the importance of proceeding. Indeed, there is a Conservative manifesto commitment to do so. After I resume my speech—as I hope I will be able to, Mr Deputy Speaker—I would like to explain why I therefore believe the Bill should be allowed a Second Reading.
Proceedings interrupted (Standing Order No. 11(4)).