Sexual Offences (Pardons Etc) Bill

Kevin Foster Excerpts

Friday 21st October 2016 Commons Chamber

[Kevin Foster (Torbay) (Con)]

It is a pleasure to follow the hon. Member for Dundee West (Chris Law). I hope you will not mind, Mr Deputy Speaker, if I mark the 50th anniversary of the Aberfan disaster in a couple of sentences and pay tribute to those residents in Torquay— particularly in Chelston, in my constituency—who offered their homes up in hospitality, to give people not only somewhere to go but respite away from the scene where so many people had lost the lives. A plaque commemorates that to this day at Torre abbey.

I congratulate the hon. Member for East Dunbartonshire (John Nicolson) on bringing the Bill to the House. Whatever the outcome of today’s debate, we saw the major change announced by the Government yesterday, which will finally see people viewed as innocent, and show that they were not committing a criminal offence as we would know it today.

In his introduction, the hon. Gentleman talked about how, when he was born, these things were a criminal offence. However, even when I was born, it was still a criminal offence in Scotland and Northern Ireland to be who you are. It took until 1982, quite shamefully— 15 years after decriminalisation in England—for similar provisions finally to come into effect in Northern Ireland. Some territories that fly our flag—maybe not the SNP’s flag—still had laws of this nature as recently as the 1990s. It almost beggars belief that people still thought these things.

We could look back through history at a whole range of offences that, nowadays, we would say are not offences. For example, we do not believe that there is anyone in our constituencies today who is practising as a witch and trying to make someone ill. [Interruption.] Well, perhaps we might be getting a few spells cast here today. Let us be clear: such convictions were patent nonsense—people were sent to the gallows for something that was absolute nonsense and that was based on fear and hysteria. The difference with these offences is that people are gay or lesbian—that is who they are—but, in the past, that would have been a criminal offence. The laws we are referring to, under which people were still being convicted not that long ago—some of those people are still alive—were passed only 20 or so years after the death penalty had been removed in this country. That is why, for me, having such a pardon makes eminent sense.

I have felt a bit in today’s debate that we are dancing on the head of a pin, to be blunt. We have the argument that a pardon should be given, but that it will be replicated only on criminal records checks, which are the key part of this, on application, versus the argument that a pardon should be granted after removal from criminal record checks. I think we would all agree that criminal record checks have to be absolutely accurate—I say that having listened to the hon. Member for East Dunbartonshire. I have therefore found some of the argument on both sides rather interesting in terms of the actual nub of this issue.

Likewise, having heard both arguments, and having got a copy of the Bill, I think there is no suggestion from anyone that what is still a criminal offence today should not remain on someone’s record; the debate is how we get where we want. I very much welcome the fact that the Government’s amendment to the Bill that is already in the Lords and that is due to come back here in the not-too-distant future will probably be the quickest way of getting there.

We need to be clear that nobody is suggesting that someone should be able to go around claiming that they would have been innocent of an offence that would still be an offence to this day. That is particularly the case where we have more modern legislation in relation to those in positions of authority over those aged 16 or 17. Quite bizarrely, given all the hysteria around the impact on younger boys, there was not actually any legislation back in the 1950s that made it an offence for a teacher to be a predator towards a 16 or 17-year-old student of the opposite sex. To be fair to the then Labour Government, it made eminent sense that, when changing the age of consent, that anomaly was righted. It was equally as bad for a 30 or 40-year-old teacher to prey on a member of the opposite sex as on someone of their own sex. The issue was their using their position to abuse someone, not the type of relationship involved. It is also about looking back into the past. Some people would ask, “Why apply it to offences beyond 1967?”, but we all realise that there were offences before 1967.

My hon. Friend the Member for Calder Valley (Craig Whittaker), who sadly is not in his place, talked about the police’s reactions and behaviour. Peter Tatchell’s book, interestingly, says that in some cases there were more prosecutions after 1967 than there had been before, because some forces recognised that the pre-1967 legislation was from another era, and the enforcement of it was mixed and variable. In the mid-1940s, during world war two, there was almost a policy of discreetly ignoring things on the basis that it was seen as helpful, most famously in the case of Alan Turing, to use people’s skills in the fight for freedom. Then in the 1950s, there were moves to take that freedom away by prosecuting them for historical offences. It makes sense to look not just at those who were convicted on the law pre-1967 but those who were convicted up until very recently on the basis of different laws. It should also be remembered that there is still on the statute book a bar on gay men serving in the merchant navy. I believe there is a private Member’s Bill that we will discuss on a future Friday to remove that, but it is sad to note that there are still parts of our legislation that contain these types of historical provisions.

Where we have got to today reflects the changing attitudes of society. I openly admit that I had a major change of attitude when I went to university. At secondary school, like a lot of people, I fell for some of the prejudiced arguments and it was all about what the group thought. When I got to university, for the first time I was with people who were out, saying who they were and being proud of it. The president of Warwick University’s Pride society had a chat with me at the time when the debate was going on about section 28. He said, “I should be a Conservative.” I said, “Really?” He said, “Yeah, I believe in freedom of choice. You believe in freedom of choice, Kevin. Your party does, up until when I make the choice about who I want to love, and you argue against. I can choose whether I want a pension, I can choose what house I buy, what kind of life I have, and whether I have children, yet I can’t choose who I love.” That, for me, was quite a transformative moment. It was such a logical argument—I had that choice, so why should they not have it? Some people know that my partner is a little older than I am. I have the right to choose that—there has never been an offence in law against it—so why should it be an offence for anyone else to choose whom they love, provided that they are both of the age where they can make an informed and mutual choice and give consent?

Sometimes we hear the religious argument—I am a practising Christian; I sometimes help to administer the elements at my church—that was regularly used to justify the laws of the past. Yet there is a law in the ten commandments about adultery, which is described as a sin, but has never been a criminal offence.

[John Nicolson]

There is also in Deuteronomy a ruling against mixed fabrics, but to the best of my knowledge we do not publicly stone people for mixing rayon and wool.

[Kevin Foster]

There is another part about the appropriate price for slaves that is found in another part of it. The hon. Gentleman may not be aware of the homophobes and prejudiced individuals in some parts of the United States who commonly like to have tattooed on their bodies a particular part of Leviticus about how certain things are an abomination, forgetting the bit in Leviticus that describes tattooing the skin as a sin. It is a delicious irony that they are so blinded by their prejudice that they have not even bothered to read the rest of that book of the Bible. They do not know the sheer irony of what they are doing and how they are showing their total and utter ignorance when they have a tattoo like that on their body. It has been hundreds of years since we had the idea that religious belief should be enforced by political power. Therefore the argument used in the past seems completely incoherent.

The Wolfenden committee concluded that offences in relation to homosexuality were victimless crimes. No one had complained, both sides were happy to take part, and nobody’s rights had been infringed—it was just that other people were so prejudiced about someone making that choice that they thought it should be a criminal offence, with truly ridiculous penalties given that nobody had gone to the police to say, “I’ve been harmed.” All too often, this became a way of blackmailing people—of threatening to go and dob someone in. Shamefully, even until the 1990s the military police were still dealing in that sort of behaviour. I remember when I was growing up, as a teenager, there was an episode of “A Touch of Frost” based on the idea that someone could be blackmailed for their whole career on the basis of whether they are gay. That was absolutely shameful. The hon. Member for East Dunbartonshire rightly mentioned what was said at that time, including by some members of my party who were in government. John Major did the right thing in terms of the foreign service, but we did the wrong thing in not admitting people to the armed forces. The arguments that were advanced were patently stuff and nonsense. It is pleasing that in the United States President Obama is finally abandoning “Don’t ask, don’t tell”, because it was a load of nonsense—the idea that people sharing a shower is fine as long as they do not tell anyone. That was a symbolic change and a move forward.

I am in a slight quandary. It is welcome that we have a Government who are prepared to move on this, but I understand the hon. Gentleman’s arguments. I certainly will not oppose the Bill because that would be ridiculous. The Bill and the Government’s amendment both deal with the practical effects, which is the key concern. That said, amendment is almost certainly the quickest way to get this on to the statute book and finally give people a chance to—I will not say to clear their name, because they are not criminals; they are innocent. All they have done is to be who they are. I find the idea of clearing their name quite strange.

[Chris Bryant]

I broadly sympathise with the direction in which the hon. Gentleman is going, but I draw his attention to the fact that the Government’s measure does not do the same thing. The only way to achieve the same thing is to send the Bill into Committee.

[Kevin Foster]

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.

[Mr Gyimah]

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]

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.

[Lyn Brown (West Ham) (Lab)]

rose—

[Kevin Foster]

I will take one more intervention but I am very conscious of time.

[Mr Deputy Speaker (Mr Lindsay Hoyle)]

I have 12 more speakers and the Front Benchers to get in as well.

--- Later in debate ---

[Kevin Foster]

I hear what the shadow Minister is saying. To be fair to the Minister, he has gone further than anyone has in the last 50 years towards pardoning people, so I am loth to criticise him. As I have said, I will not oppose the Bill, because that would be the wrong step. I will, however, probably find myself abstaining, because I think that the Government are offering something that will make a difference. I say to the Minister that anyone can claim to have been pardoned, but the criminal record checks are the final determinant. I do not think that anyone on either side of the argument is contending that those decisions should be changed unless someone proves that they did not commit a criminal offence.

Ultimately, we are talking about people who never committed an offence; all that they did was to be who they were. It is unfortunate that we have ended up arguing so strongly over minor points.

[Several hon. Members rose—]