Sexual Offences (Pardons Etc) Bill

(Limited Text - Ministerial Extracts only)

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Friday 21st October 2016

(7 years, 6 months ago)

Commons Chamber
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Kevin Foster Portrait Kevin Foster
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Ultimately, though, we are debating the criminal records. The Bill refers to a blanket pardon, but it only takes effect in terms of someone getting their name off the criminal records, via an application, and the Government’s idea is that their name is got off the criminal records and then they get a formal pardon. That is the fundamental difference. I accept that this could be addressed in Committee. However, after a couple of hours’ debate we all agree with the sentiment and the principle; we are dancing around on a pin.

Sam Gyimah Portrait Mr Gyimah
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The key difference is that the Government want some safeguards around the pardon for the living. The hon. Member for Rhondda (Chris Bryant) spoke about some people with great moral fibre, but the Government want to protect against the situation where, if there is a blanket pardon, someone who had not been pardoned could go around saying that they had. What does one say to the victims of that person if it was non-consensual sex in that case?

Kevin Foster Portrait Kevin Foster
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With respect to the Minister, anyone could go around making a claim that they had been pardoned for an offence; it is the position in the criminal records that makes the key difference.

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Wes Streeting Portrait Wes Streeting (Ilford North) (Lab)
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It is a genuine pleasure to follow the hon. Member for Milton Keynes South (Iain Stewart), who delivered a powerful speech in favour of the Bill. I also want to thank particularly, in the warmest terms, the hon. Member for East Dunbartonshire (John Nicolson) for introducing it. Unlike him, I was not born in the 1960s, although my parents were, and I reflect on how much our society has changed during their lifetimes and mine. In particular, I reflect on how much the law of the land has changed just in my own lifetime, and on the record of successive Governments. We have seen the abolition of section 28 in England and Wales and section 2A in Scotland, the legalisation of equal marriage, the introduction of protection in respect of goods and services, and the ability of LGBT people to serve in the armed forces. So many changes in the law of the land brought about by this place have led to a change in our country, and our country is a better place for it, which is why I strongly support the Bill.

I welcome the fact that we are having a debate with a Conservative Government about how we should make this change in the law, rather than whether we should make it. I shall return to that point later in my short speech, but I am pleased that the Government have already taken some steps in the House of Lords. I urge them to go further this afternoon, through the Bill and through proper scrutiny in the House of Commons.

Alan Turing has an important part to play in our country’s history, but he also has an important part to play in our country’s future. Through great initiatives like LGBT history month, and through the work of science and history teachers in schools up and down the country, young people growing up in Britain today learn of the extraordinary acts of bravery and intelligence that took place at Bletchley Park, in the constituency of the hon. Member for Milton Keynes South. It is very likely that, had it not been for Alan Turing, we would not have succeeded in turning back the tide of Nazism as it swept across Europe. We would not have been successful in defeating the Nazis in the sea and in the air. It was because of the Enigma code-breaking work that took place at Bletchley Park that the allies were able to secure such a powerful advantage over the Nazis when all seemed lost on the continent of Europe.

That story is powerful not just because of the extraordinary role that Alan Turing played in a decisive moment in British history, but because, only a few years later, this hero of our country was tried before our courts, was chemically castrated, and was forced to take his own life. Young people growing up in schools today do not only learn about the enormous heroism of Alan Turing; they also learn about the extraordinary treachery of the Government of the day and the courts that allowed it to happen. That lesson and that experience cause them to reflect on what it means to be a decent human being, to reflect with horror on Britain’s past, and to aspire to a better future. As a former head of education at Stonewall, I know how powerful the work of teachers and schools is, not just in enabling young people to learn about changes in the law, but in bringing about changes in hearts and minds.

LGBT young people growing up in Britain today face a very different pressure from the pressure faced by Alan Turing and his generation. Unlike Alan Turing’s generation, they are not threatened by the letter of the law. None the less, just like Alan Turing’s generation, they feel threatened by bigotry in the streets, in the workplace, in the classroom and in the home. That is why we need to think very carefully about the message that we will send through the law today.

The pressure that LGBT people continue to face to remain in the closet because of fear of discrimination or violence in this country today has led to an appalling situation. More than one in five gay men currently experience moderate to severe anxiety or depression, and a third of lesbian and bisexual women have thought of taking their own lives. Shockingly, according to research by Stonewall, more than 50% of LGBT young people in our schools have self-harmed, and about one in four have attempted suicide. Those are young people growing up in our country today. In any other context—in the context of the general population, for example—there would be outrage in the House and throughout the country over such figures relating to suicide and self-harm, yet these are real statistics affecting young people in our country today. They have reached epidemic proportions, and this is a national crisis. The Government need to look carefully at what they can do to tackle the mental health crisis that still affects LGBT people in Britain today.

The hon. Member for Reigate (Crispin Blunt) spoke powerfully about symbols, and about the power of the Bill to be an important symbol for the kind of country we want to be. I urge the Minister to think carefully about the kind of symbol that the House would be presenting today if the Bill, with all the welcome publicity it has generated, were either talked out or defeated. It would send a message that there are still people in this House and across the country who are not content to see equality for LGBT people and who look back on the progress made by this Parliament not with pride and optimism for the future but with regret and pessimism about their ability to defeat what Martin Luther King called the arc of social progress that “bends towards justice”. The Minister clearly has some technical problems with the Bill as it has been presented, but that is exactly why he should urge his colleagues to vote in favour of its Second Reading, so that those issues can be ironed out in Committee. If the Bill is defeated today, people across the country will not hear the news that the Minister had some technical concerns with it; they will see the news that the Conservative Government conspired to defeat this important measure.

Sam Gyimah Portrait Mr Gyimah
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It is important to make it absolutely clear that the Government are not dragging their heels and are not hesitant on this important issue. We want to right this historic wrong as fairly and quickly as possible. That is why we have tabled an amendment to the Policing and Crime Bill.

Wes Streeting Portrait Wes Streeting
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I am absolutely delighted to hear that, and I will be happy to talk further with the Minister about how we can iron out the problems in the Bill as we march into the Aye Lobby together this afternoon.

We can look back with enormous pride at what has been achieved, but we must not assume that the progress we have made cannot be undone. I am sure that I am not the only person in the House this afternoon who is deeply concerned that in recent weeks and months we have seen a huge rise in hate crime across the United Kingdom, including homophobic hate crime. We are seeing the rise of far-right extremism across Europe, and the US presidential election has shown that being absolutely fine with sexual harassment is no bar to holding the highest office. People who strongly support liberal democracy have become complacent about defending it and ensuring its ongoing success. The Bill represents an important moment in that context, and it should be supported.

I want to end by quoting the words of Roger Lockyer, who is 88 years old and one of the men who had to endure a lifetime of experiences that someone of my age has thankfully not had to experience. Speaking about the hon. Member for East Dunbartonshire’s Bill and about those members of his generation who were convicted, he said:

“They may have been legally convicted, but they were unjustly convicted.”

This pardon is not about forgiveness for something that people did wrong. It will send a powerful message that they should never have been convicted in the first place, that those laws should never have existed and that those people should never have been prosecuted when they had done absolutely nothing wrong. The Bill is about confronting our country’s past and facing the future with confidence. That is why I will be voting for it this afternoon.

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Craig Williams Portrait Craig Williams
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I listened closely to the hon. Gentleman’s speech. I hope the Minister, too, was listening.

Craig Williams Portrait Craig Williams
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I see my hon. Friend is about to prove that he was indeed listening.

Sam Gyimah Portrait Mr Gyimah
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The hon. Member for Greenwich and Woolwich (Matthew Pennycook) made a passionate speech. On a point of clarification, section 32 of the Sexual Offences Act 1956, to which he referred and which made soliciting and importuning a crime, was repealed in 2004. However, soliciting still remains a crime.

Craig Williams Portrait Craig Williams
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I will leave that there.

The Liberal Democrat amendment that the Government accepted yesterday brings justice to the issue at pace, with checks and balances.

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David Nuttall Portrait Mr David Nuttall (Bury North) (Con)
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It is fair to say that we have had an extensive debate with many excellent speeches. My hon. Friend the Member for Shipley (Philip Davies) picked out four of them and I agree with all those choices. I particularly enjoyed the entertaining, moving and informative speech of the hon. Member for Rhondda (Chris Bryant). I am sure the whole House enjoyed it, too.

I genuinely congratulate the hon. Member for East Dunbartonshire (John Nicolson) on winning the private Members’ Bill ballot. Some Members who have been in the House for many more years than he has have entered many times without enjoying the same success. Without wanting to sour that genuine note of congratulation, it was noted that the Bill was published very late in the day.

Sam Gyimah Portrait Mr Gyimah
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I thank my hon. Friend for giving way so early in his speech. A number of questions have been asked about a blanket pardon for the living, including, “Why don’t the Government just go ahead and do it?” I understand that there might be a closure motion, so I want to put it on the record that the crime was gross indecency and that many other crimes were prosecuted at a much higher level. Therefore, we could be granting a pardon to people who are ostensibly guilty of gross indecency, but some elements of that are still crimes today and go far beyond the scope of the Bill. That is why the Government propose a disregard process for the living followed by a statutory pardon.

David Nuttall Portrait Mr Nuttall
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I do not think that intervention calls for a response from me. The Minister wanted to place that comment on the record and has done so.

To finish the remark I was making, I hope that, when the time comes, the House accepts, as the Government have, the Procedure Committee’s recommendation that

“the deadline for printing a Bill… be brought forward to the Wednesday of the week prior to the day of the second reading.”

The hon. Member for Glasgow South (Stewart Malcolm McDonald) reminded us of the irony that the first ever private Member’s Bill brought by a member of the Scottish National party extends only to England and Wales. That will not be lost on anyone. It is a smart move by the hon. Member for East Dunbartonshire because it sends a signal—the Bill is all about sending signals—that everything in his constituency is fantastic. There must be no problems in East Dunbartonshire that require a legislative solution. Thousands of people will be rushing to live there.

It is worth considering that the situation in Scotland is different from that in England and Wales. As we know, criminal law operates on a different basis there. Dr Jeffrey Meek, a lecturer in economic and social history at the University of Glasgow, published an article on 23 February last year on the “Queer Scotland” website, which specialises in articles on the history and culture of the lesbian and gay community in Scotland. The article was entitled “The 49,000: ‘Pardons & Homosexual Offences’, a Scottish Perspective”. The 49,000 figure is an estimate of the number of men prosecuted for gross indecency and other historical crimes. Dr Meek wrote:

“Unlike what occurred in England there were relatively few successful prosecutions for private consensual sex between adult males north of the border during the 20th century; indeed it was a policy of successive Lords Advocate in Scotland not to prosecute private, consensual sex between men.”

Does that mean that no men were prosecuted on account of their being gay? As Dr Meek pointed out in his article:

“The main focus of the law was upon men who engaged in sex in public spaces: in ‘cottages’, tenement closes, parks; and men who sold sex on the streets of Scotland’s urban centres. This was not the result of ‘liberal thinking’ but was chiefly the result of evidential requirements under Scots Law.”

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13:37

Division 71

Ayes: 57


Scottish National Party: 31
Labour: 18
Conservative: 7
Independent: 1

Noes: 0


Debated resumed.
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Sam Gyimah Portrait The Parliamentary Under-Secretary of State for Justice (Mr Sam Gyimah)
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I thank the hon. Member for East Dunbartonshire (John Nicolson) for bringing this important issue to the House. I also thank Stonewall and other groups that have campaigned vigorously on LGBT issues over the years, and to which we owe a lot of credit for the progress that has been made.

There have been some fantastic speeches today. I will not go through all of them, but I would like to single out the speech by my hon. Friend the Member for Selby and Ainsty (Nigel Adams). As he said, it is not usual for Yorkshiremen to admit they have made mistakes, but it is even less usual for politicians to admit that. He very graciously came out of the closet in favour of same-sex marriage in his speech.

Hannah Bardell Portrait Hannah Bardell
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In saying those words, does the Minister not recognise that, in years to come, he may well reflect on the words he is about to say and that he is perhaps about to get it wrong?

Sam Gyimah Portrait Mr Gyimah
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I have done a number of these private Members’ Bills on Fridays, and it is very unusual to be doing one where the choice before the House is not the private Member’s Bill or no Bill at all, but the private Member’s Bill or a legislative vehicle—the Police and Crime Bill—that will help us achieve our aims much faster so that we can deliver justice. However, there is also an important point. It is not for nothing that they say, “You campaign in poetry, but you govern in prose.” Intentions are not good enough when it comes to making law; we have to think through the unintended consequences of law, and that is what the Government’s approach tries to do.

Philip Davies Portrait Philip Davies
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Perhaps the Minister would also like to make the point that if 100 MPs out of 650 had turned up to support the Bill, it would have got its Second Reading without any trouble at all. The problem is that it does not have the support of 100 MPs.

Sam Gyimah Portrait Mr Gyimah
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We did not have 100 MPs go through the Division Lobby earlier. We have also had a substantial debate in which people in favour of the private Member’s Bill have spoken for well over three hours.

Wes Streeting Portrait Wes Streeting
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Because we have had so many contributions, time is short. The last time I was here for a private Member’s Bill with the Minister, he—entirely inadvertently, I am sure—talked it out. He still has over 20 minutes to address the issues. Can he commit to concluding his remarks so that we can have a vote on the Second Reading? Otherwise, it will not be his friends who are blamed for talking the Bill out. His words will ring hollow if he is the one who talks it out.

Sam Gyimah Portrait Mr Gyimah
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I can commit to setting out the Government’s case clearly and comprehensively. As I said, the choice before us is not this Bill or no action at all.

I was proud to announce yesterday the introduction of legislation posthumously to pardon thousands of gay and bisexual men convicted of now-abolished sexual offences. Not enough has been said of what was a big and momentous step by the Government yesterday. Many contributions today have glossed over that fact and tried to present the issue as one on which the Government have taken no action at all. This issue has been a big challenge for 50 years. Homosexuality was decriminalised in 1967. Yesterday’s announcement was one of the biggest steps that has been taken since then, and it has been taken by this Government.

The issue was brought home to me when my office received a phone call from a lady whose stepbrother was convicted under these archaic anti-gay laws. She was so delighted that their shared mother, who was close to 100, has lived to see her stepbrother pardoned. That is a momentous step. To those who are making out—they are tweeting at the moment—that, somehow, the Government are not being progressive in this area, I say that the truth is that the Government are not dragging their feet or being hesitant in taking action. The Government’s legislative vehicle will deliver what we all want, which is to right this historic wrong quicker than any other method. By using a Government vehicle, we protect these measures from filibustering and from the vagaries of parliamentary time, and ensure that they get on to the statute book.

Sam Gyimah Portrait Mr Gyimah
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If you want me to finish, you might as well allow me to get through my speech.

In 2012, we introduced changes to the law to clear anyone still living and previously convicted of these now-abolished offences under the Home Office disregard process. Disregarding is a powerful tool in changing lives, as it removes any mention of a criminal offence. However, our announcement means that we will go one step further and introduce a new statutory pardon for those who have successfully had offences deleted through the disregard process.

Seema Kennedy Portrait Seema Kennedy (South Ribble) (Con)
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The number of convictions compared with the number of people who have taken up the offer of disregards is very low. Do the Government have any plans to publicise the disregard programme so that more people could take up that option?

Sam Gyimah Portrait Mr Gyimah
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My hon. Friend makes a very powerful point.

In the Government’s scheme, the living do not get a blanket pardon but apply for a disregard process. At the start of this debate, I offered to work with the hon. Member for East Dunbartonshire, MOJ officials and the Home Office to make sure that the disregard process is as effective as it can be. In addressing this, we need to think not only about those who were unjustly convicted of a crime but potential victims. Not having a disregard process and offering a blanket pardon means that we do not take into account the needs of potential victims.

Mike Weir Portrait Mike Weir
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I do not quite understand the Minister’s point. It is possible that someone who is now deceased and gets an automatic pardon is in exactly the same position as someone who is still alive, and there could be a potential victim there, so why is he making this strange distinction between the two?

Sam Gyimah Portrait Mr Gyimah
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It is a very important point, and the answer is very simple. Someone who is living who received the blanket pardon could volunteer in a school where they committed something that is still an offence—for example, sex with a minor—so there is a bigger onus on us to get this right.

Sam Gyimah Portrait Mr Gyimah
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I will take your interventions in a moment, but may I first develop my argument?

Natascha Engel Portrait Madam Deputy Speaker (Natascha Engel)
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Order. I remind the Minister that when he says “you”, he is referring to the Chair. In these sorts of heated debates, things can get quite direct. It is important to remember that rule, especially when it gets a bit heated.

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Sam Gyimah Portrait Mr Gyimah
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That is very good advice, Madam Deputy Speaker. I would not want to drag you into this debate.

The Government will pardon those who tragically died before they ever saw this injustice tackled. In response to the hon. Member for Rhondda (Chris Bryant), who made a very passionate speech, it is a matter of deep regret that so many men went to their graves without the pardon they so rightly deserved. That is why we are so determined as a Government to deliver justice, as I have said, by the most swift and fair means possible. The Government will support Lord Sharkey’s amendment to the Protection of Freedoms Act 2012 through the Policing and Crime Bill. Lord Sharkey is a Liberal Democrat peer. He is no stooge of the Government—the days of coalition are long over—and, like many Members here, including the hon. Member for East Dunbartonshire, he has been campaigning for this measure for a very long time. I am pleased that he will be taking forward the Government’s measures on this.

I am also pleased that the measures have been widely welcomed. Nick Duffy, the editor of “PinkNews”, said:

“There is a whole discussion around semantics but the bigger issue, I think, is that men who are alive today now have the option to finally have it, on paper, that they didn’t do anything wrong, that these laws were a mistake and never should have been. It sends a message within our country that these laws were totally wrong, that we regret them, and that they should never have been on the books”.

David Isaac, the chair of the Equality and Human Rights Commission, has said of the Government’s approach:

“This is an important day for all those that have had criminal convictions through old unjust laws. Many people have campaigned for gay men to be pardoned after being prosecuted for being who they are and I applaud the government for fulfilling their commitment.”

Those are quotes from independent people who have been campaigning for these measures for a long time, and they recognise that the steps the Government are taking will deliver justice in a fast and fair way.

Joanna Cherry Portrait Joanna Cherry
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The Minister said earlier that his objection to the Bill was that it gave out a blanket pardon that might cover unlawful conduct. May I give him comfort by telling him that that is not the case? Clause 1 states:

“Nothing in this Act is to be interpreted as pardoning, disregarding or in any other way affecting cautions, convictions, sentences or any other consequences of convictions or cautions for conduct or behaviour that is unlawful on the date that the Act comes into force.”

How could it be clearer? In addition, clause 2(4) states that the conditions for a pardon are that the other person must have consented and that they must not have been under the age of 16. Those provisions answer the Minister’s concerns. Will he have the decency to admit that the Government are wrong about this, and that the Bill tackles the issues that he is raising?

Sam Gyimah Portrait Mr Gyimah
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The truth is that the offence of which these men were convicted was gross indecency, which covered a whole range of criminal offences. The blanket pardon will cover everyone who was convicted of gross indecency.

Joanna Cherry Portrait Joanna Cherry
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Will the Minister give way?

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Sam Gyimah Portrait Mr Gyimah
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Let me develop my argument. How do we differentiate between those whom the Bill covers and those who fall outside its scope?

I want to pick up a point made by the hon. Member for Ilford North (Wes Streeting), who said that he was delighted to be debating with a Conservative Government the “how” and not the “what” of this issue. The Conservative party has a proud record of trying to redress the inequality that gay, lesbian, bisexual and transgender people face. A Conservative Justice Secretary, my right hon. Friend the Member for Epsom and Ewell (Chris Grayling), paved the way with the Protection of Freedoms Act 2012, and a Conservative-led Government delivered the Marriage (Same Sex Couples) Act 2013, which enabled couples to marry regardless of sex and gender. I voted for same-sex marriage. Around the time of the debate on that Bill, people wrote to me to say, “These couples are the same, but let us treat them differently when it comes to marriage,” but as someone from an ethnic minority, I knew that we could not say that people were equal but treat them differently. That is why I was delighted to vote for that piece of legislation.

The Conservative party has a proud record of more out MPs than all other parties put together. We know that there is more to do, and I reject the implication that by supporting Lord Sharkey’s amendment, we are somehow shirking the huge amount that there is to do. We are delivering on our manifesto commitment by backing that prominent amendment, which will right this historic injustice against gay and bisexual men. Many people have said in the debate that we need to send out a signal. When I looked at the newspapers and the other news yesterday, it was clear that the signal was sent by the Government’s support for the amendment. I am sure that the reverberations will continue for months to come, because the Government will not only have delivered on their commitment but gone as far as possible to right this historic injustice. I was delighted when the Leader of the Opposition described this as a great victory for all who have campaigned to right this wrong.

I know that for the SNP, answering the clarion call of “better together” is not something that comes naturally, but I hope that they will withdraw the Bill and support our amendment. We all want the same thing—to resolve an injustice that for too long has been left unchallenged. When the Lords amendment comes to this House the SNP will be able to contribute to the debate on it.

We are all here in part because of the world-famous story of the war-time hero and Enigma code breaker Alan Turing, which resulted in the Conservative manifesto pledge to introduce legislation to right these historical wrongs. Turing, who committed suicide following his conviction for gross indecency, was posthumously pardoned by Her Majesty the Queen in 2013.

The posthumous pardon of Alan Turing addresses his 1952 conviction for gross indecency, which resulted in him being chemically castrated. Turing was arrested following an affair with a 19-year-old from Manchester. His conviction, a sad indictment of the attitudes prevailing at the time, resulted in his losing his security clearance. As a result he was no longer able to continue the valuable code-breaking work that had he had begun at Bletchley Park during world war two and that had been vital to the allies. His pardon was granted under the royal prerogative of mercy after a request by my right hon. Friend the Member for Epsom and Ewell, who was then Justice Secretary, following a high-profile campaign supported by more than 37,000 people, including Stephen Hawking.

As has been said, we know that Alan Turing is just one of the estimated 49,000 people who were unjustly convicted under those laws. Those unjust convictions are a matter of the deepest regret. They were for criminal offences as the law stood at the time. I am delighted that we will be delivering on our manifesto commitment to pardon those men and right those wrongs. The legislation the Government have announced will do two things to address the historical injustices faced by gay and bisexual men. In the case of deceased persons, it will provide for a blanket posthumous pardon to be given to those individuals who were convicted of consensual gay sexual offences that would not be offences today; those are primarily offences under the Sexual Offences Act 1956. As Lord Sharkey has said,

“a pardon is probably the best way of acknowledging the real harm done by the unjust and cruel homophobic laws, which thankfully we’ve now repealed.”

In the case of those individuals who are still living, it will provide that all who are successful in obtaining a disregard—I will explain the disregard process in a little more detail in a moment—will be granted a pardon, so that they get both a disregard, to expunge their record, and a pardon. That will apply to previous and future disregards.

Under the Protection of Freedoms Act 2012, individuals can apply to the Home Secretary to have their historical convictions for gay sex offences—primarily those under sections 12 and 13 of the Sexual Offences Act 1956—deleted. Officials check police national computer records and then local police and court records, to ascertain whether the offences were consensual, were with a person aged 16 or over and did not involve activity that is currently an offence. A successful applicant will be treated in all circumstances as though the offence had never occurred and need not disclose it for any purpose. Official records relating to the conviction that are held by prescribed organisations will be deleted or, where appropriate, annotated to that effect. The existence of those convictions or cautions may have prevented individuals from taking up certain opportunities in their lives or made them uneasy about going into certain professions or volunteering, because the information would have been revealed in a criminal records check.

Mike Weir Portrait Mike Weir
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Will the Minister give way?

Sam Gyimah Portrait Mr Gyimah
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I need to press on.

Although it is right that the state enables the vulnerable to be protected from those who pose a risk, it is not right that someone remains affected by a conviction for something that is no longer illegal. The process for the disregard, which has not been discussed in enough detail in this debate, is simple and not bureaucratic. Applicants complete a two-page form giving basic information such as their name and address and the details of the offence to be disregarded. The applicant also supplies photocopies of proof of address and identity. These can be sent by post or email.

Nothing else is required and the process is free of charge. The outcome of a disregard is a significant step for the individual, who may have had to live with that offence on their record for years.

George Kerevan Portrait George Kerevan (East Lothian) (SNP)
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Will the Minister give way?

Sam Gyimah Portrait Mr Gyimah
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I want to press on.

When a person is successful in obtaining a disregard for a conviction or a caution, that offence is to be treated for all purposes in law as if the person has not committed the offence, been convicted or sentenced or even cautioned. Perhaps this will be of most use to individuals when applying for work or when volunteering for roles that require a criminal records check from the Disclosure and Barring Service. This is incredibly important, because under the disregard process, the offences will quite simply no longer appear on the disclosure, and can have no effect on the person’s chances of obtaining work or the opportunity to volunteer. Any previous barriers will have been removed and the person is no longer affected by the disclosure.

Craig Whittaker Portrait Craig Whittaker
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To clarify a point, when the age of consent was much higher than today, as it was in 1967, how does the Minister envisage putting checks and balances in place on a blanket pardon where under-age sex has taken place under the age of 16, which is illegal today but is the same charge as when the age of consent was 21?

Sam Gyimah Portrait Mr Gyimah
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My hon. Friend continues to make a very persuasive case. Yes, we all want a pardon; yes, we all want to right the wrongs of the past, but we cannot do that without the safeguards being inappropriate in cases where people are still living and there are consequences today. To do that would, I believe, be irresponsible on the part of the Government.

Mike Weir Portrait Mike Weir
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In my earlier intervention, the Minister said that his concern was that someone getting a blanket pardon who was still alive could then get a job as a volunteer with children. However, the Bill specifically says that anyone who is still alive and wants the offence expunged from the record has to go through a second procedure. Surely anyone applying for such a job would have go through a criminal records check, which would show up what was still on the record. I do not see where the difference lies.

Sam Gyimah Portrait Mr Gyimah
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The hon. Gentleman makes my point about why a disregard step is essential in this process—[Interruption.] May I respond to the hon. Gentleman’s point? The disregard process means that there will not be a situation where someone has been ostensibly pardoned but the criminal record has not been expunged. The disregard process ensures that the criminal record is expunged and the person gets a statutory pardon. I am sure that Members will agree that such a process provides a meaningful avenue for individuals convicted or cautioned for sexual activity that is no longer regarded as an offence.

Sam Gyimah Portrait Mr Gyimah
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The hon. Lady has had her time. The process allows people to move on with their lives in a meaningful way.

A disregard is a much more powerful and useful remedy for someone living than just a pardon. We recognise the force of the symbol of being pardoned, which is why we propose to pardon all of those who are living and were convicted of relevant offences once they have received a disregard. I would urge any individuals who believe that they are eligible for the disregard process to apply through the Home Office to have their records properly assessed. I hope that today’s debate has helped to raise the profile of this process so that those who are not aware can take steps to secure the justice that they deserve.

Of course, I support the intentions behind the Bill; the hon. Member for East Dunbartonshire and I share the same objectives. The proposed blanket pardon would not provide for robust checks to ensure that only those who clearly meet the criteria can claim to be pardoned. It could lead in some cases to people claiming to be cleared of offences that are still crimes—including sex with a minor and non-consensual sexual activity. Under the disregard process, for example, the Home Office has rejected several applications where the activity was non-consensual and others where the other party was under 16 years old. Those offences were captured under offences such as “gross indecency” at the time, but are still crimes today. It is important that a pardon for the living takes place only after due process to verify—[Interruption.]

Natascha Engel Portrait Madam Deputy Speaker (Natascha Engel)
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Order. Enough. Let the Minister finish his speech.