Sexual Offences (Pardons Etc) Bill

Debate between Craig Whittaker and Sam Gyimah

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

[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.

Sexual Offences (Pardons Etc) Bill

Debate between Craig Whittaker and Sam Gyimah

Friday 21st October 2016 Commons Chamber

[Mr Gyimah]

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]

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?

[Mr Gyimah]

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.

Compulsory Emergency First Aid Education (State-funded Secondary Schools) Bill

Debate between Craig Whittaker and Sam Gyimah

Friday 20th November 2015 Commons Chamber

[Mr Gyimah]

My hon. Friend has made some very good points during this debate and she makes another one there. In thinking about this Bill, the intentions are important but we also have to consider how we implement it across thousands of schools to make sure that every child receiving this gets the highest-quality training and that it is refreshed at the appropriate times.

The new national curriculum, which has been mentioned a number of times, particularly by my hon. Friend the Member for Shipley (Philip Davies), introduced in September 2014, represents a clear step forward for schools. It provides an outline of core knowledge around which teachers can develop exciting and stimulating lessons to promote the development of pupils’ knowledge, understanding and skills as part of the wider school curriculum. It will ensure that all children have the opportunity to acquire the essential knowledge in key subjects. Beyond primary English, mathematics and science, the slimmer national curriculum gives teachers greater flexibility to innovate in how they teach and to develop new approaches that will engage children in their education more effectively.

[Craig Whittaker]

On that point—

[Mr Gyimah]

I do want to make some progress. We want the new national curriculum to last, rather than having to be updated every few years. The new national curriculum is based on a body of essential knowledge that children should be expected to acquire in key subjects during the course of their school career. It embodies for all children their cultural and scientific inheritance, enhances their understanding of the world around them, and exposes them to the best that has been thought and written. That essential knowledge should not change significantly over time.

It has somehow been routine for Education Ministers to come to this place to make the case against the inclusion of a particular new requirement in the national curriculum. Such proposals, like the one in this Bill, are often supported by a persuasive argument, but their sheer number means that I start from a position of caution. I have to read out some of the topics that have been suggested for inclusion in order to make Members aware of the sheer burdens that people wish to be imposed on the national curriculum. The topics include: understanding the causes and issues around homelessness; teaching children about their rights in the context of forced marriage; teaching against violence; understanding transgender issues; knowledge about the health dangers of tobacco; understanding animal welfare; anti-bullying, including online bullying; the risks and dangers of gambling; promoting gender equality; knowledge about cancer and how to cope when cancer affects your life; knowledge of the symptoms of brain tumours in young people; fire and road safety, as was mentioned by my hon. Friend the Member for Colchester (Will Quince); positive body image; the UN declaration on the rights of the child; the dangers of carbon monoxide; gardening; knife crime—