Sexual Offences (Pardons Etc) Bill

Crispin Blunt Excerpts

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

[Crispin Blunt (Reigate) (Con)]

It is of course a pleasure to follow the hon. Member for Rhondda (Chris Bryant). As a former sort of straight Conservative, we at least appear to have been on half a journey together. No one can doubt the wider case he made for the Bill. On the narrow point he made about the Bill, I entirely agree with him and want to come back to it in the course of my remarks. The emotion with which he presented his case was also more than exemplified by the hon. Member for East Dunbartonshire (John Nicolson), whose speech was characteristic of his usual brilliant self, as one would expect of a world debating champion; I first came across him when I was president of the Durham union society, a horribly long time ago, and his words were both powerful and emotional. He, like the hon. Member for Rhondda, introduced the wider case and the wider background to the Bill, and why this issue matters so much, particularly to the lesbian, gay, bisexual and transgender community.

Let me turn to the narrow issue of the Bill, as I wish to confine my remarks to that. The royal pardon given to Dr Alan Turing in December 2013 was widely welcomed as helping to put right the injustice he suffered by being convicted of “gross indecency” in 1952 and the subsequent physical and emotional damage he endured through chemical castration, which led to his suicide. It is true that that posthumous pardon changed the precedent for the exercise of the royal prerogative of mercy. As the Government of the day stated:

“A pardon is only normally granted when the person is innocent of the offence and where a request has been made by someone with a vested interest such as a family member. Uniquely on this occasion a pardon has been issued without either requirement being met, reflecting the exceptional nature of Alan Turing’s achievements”.

Towering though Alan Turing’s achievements were—and we should all continue to pay tribute to them—the wrongs done to thousands of gay men, which we recognise today as human rights abuses, are no less in need of being corrected. The hurt, pain and injustice is no different for all these people. The exceptionality of Alan Turing’s pardon cannot hold. Indeed, as a Justice Minister, holding the same responsibilities five years ago as this Minister does today, I held the Government line against granting a pardon to Alan Turing in a Westminster Hall debate, and I made the wider point. Of course, by that time the Government believed they had dealt with the practical issues through the disregard provisions of the Protection of Freedoms Act 2012. On the pardon point, I said:

“To grant him a pardon under the royal prerogative would change the basis on which such pardons are normally given.

If Alan Turing were pardoned, there would be tens of thousands of other people in respect of whom demands for like treatment could be made. Those persons could include about 16,000 living individuals with convictions for homosexuality, and many times that number of deceased victims.”—[Official Report, 27 June 2012; Vol. 547, c. 127WH.]

This Bill would simply fulfil the logic of the arguments I presented in 2012, and, in doing so, make the same gesture on the part of today’s society through an Act of Parliament to the thousands of men deserving of it.

Yesterday, the Government announced that they would support Lord Sharkey’s amendment to the Protection of Freedoms Act 2012 through an amendment to the Policing and Crime Bill. This would extend the pardon

“for the living in cases where offences have been successfully deleted through the disregard process.”

Although a welcome step, that approach ties the pardon to the process of disregarding convictions from criminal records that already exists and would be extended by clause 3. There need not be such a link. The Government can be more generous. They can make a distinction between the powerful symbolic effect of the general pardon to men—some alive, many dead—and the mechanism by which individuals can benefit from the practical effects of a pardon through the disregard process. This, therefore, ensures that criminal offences that remain criminal offences today are not included in any practical consequences of the pardon. I know that the Minister will present a marginally different view and different concerns, but that discussion should be had at the Committee stage of this Bill. If the Government are not satisfied with the discussion in Committee then this Bill will not make progress towards becoming an Act.

I assume that the sponsors of the Bill are pleased that the Government have at least moved some of the way in their proposal. Even if they were not to move further I would argue that this Bill is a better vehicle for the Sharkey amendment than a rather anonymous amendment within the latest Policing and Crime Bill, which roll off the statute book year after year and would not have the symbolic effects that this Act of Parliament would have. Of course that is the point. This Bill and our debate is at least as much about symbolic restitution and a righting of historic wrongs as of process. The measures adopted, whether the narrower version currently favoured by the Government or the broader approach in this Bill as it is today, would stand much better as a symbol in a stand-alone Act. I hope that a way can be found to use the Bill of the hon. Member for East Dunbartonshire as the vehicle by which we can make this clear statement of today’s values of today’s Parliament.