Sexual Offences (Pardons Etc) Bill

Debate between Craig Whittaker and Chris Bryant

2nd reading: House of Commons
Friday 21st October 2016 Commons Chamber

[Craig Whittaker (Calder Valley) (Con)]

Our history is littered with minority groups who have been caught up in illegal acts in the past, under laws that we consider today to be quite unbelievable, and also discriminatory. We cannot imagine such laws now, because morality and ethics have changed beyond all recognition since those bygone eras. There is a string of moral and ethical subjects that we cannot imagine criminalising, although in some parts of the United Kingdom they are still criminal offences.

As recently as April this year, a young woman in Northern Ireland could not afford the fare to England for an abortion and, in desperation, took abortion pills which she had bought online and performed a self-abortion. Under Northern Irish law, she was arrested, charged, sentenced to three months in jail suspended for two years, and finally criminalised. She was convicted in Belfast High Court under ancient laws that had come into force under Queen Victoria, but still sit on the statute book of Northern Ireland.

Prostitution is another moral subject in respect of which, historically and today, a great deal of ambiguity surrounds what is and is not illegal. Having moved away from one stereotype—that of the disreputable woman as a seller of sexual services—we now view the prostitute as a vulnerable, exploited victim. The laws relating to prostitution in England and Wales are far from straightforward. The act of prostitution is not in itself illegal, but a string of laws criminalises activities connected with it. It is an offence, for example, to cause or incite prostitution, or control it for personal gain. The Sexual Offences Act 1956 bans the running of a brothel. If more than one person—the law is gender-neutral—is available on premises for paid sex, those premises are a brothel.

[Chris Bryant (Rhondda) (Lab)]

May I correct the hon. Gentleman slightly? There is no definition of a brothel in law. Common law allows the courts to determine that a brothel is a place frequented by men to perform lewd homosexual practices including dancing, and the term has often been used in that sense. There is still plenty on the statute book that needs to be reformed.

[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.