Sexual Offences (Pardons Etc) Bill

Lord Herbert of South Downs Excerpts

Friday 21st October 2016 Commons Chamber

[Nick Herbert]

As I was saying, it seems to me that there is no difference between the Government and the hon. Member for East Dunbartonshire with respect to the intention of the Bill: those who are living to whom an injustice has been done should be pardoned, but the intention is not to pardon those who committed offences that would still be criminal offences today. The only disagreement is about the actual effect of the Bill.

The hon. Gentleman has suggested a specific mechanism for ensuring that people do not make improper use of a pardon: the onus of proof would be on them to show that they had not committed what would now still be an offence. In those circumstances, it seems entirely right and proper, especially given that the Government encouraged the hon. Gentleman in the first place to introduce his Bill after his success in the private Members’ Bill ballot, that the Bill is given a Second Reading today and proceeds to Committee, where these differences in legal effect could be properly ironed out.

I accept that, in bringing forward their proposals a very short time ago, the Government intend to do broadly the same thing in fulfilment of their manifesto commitment as the Bill seeks to do. However, I also understand why the hon. Gentleman feels that his Bill should receive a Second Reading and that there should be further discussion about the effects that his Bill proposes.

The Government originally encouraged the Bill but a couple of days before its debate on Second Reading have introduced their own alternative measures: I do not think that is generally a good way to proceed. If there has been some misunderstanding or breakdown in communication, I urge both sides to restore communication. The best and most proper thing would be for the discussions to take place in Committee, so that legitimate debate about the arcane provisions can be had.

[John Nicolson]

I confirm that if the Government honour their original promise to me and support my Bill, I will be very happy to engage with any concerns they have in Committee.

[Nick Herbert]

I am sure that the Government will have heard that.

It would be a pity if hon. Members who do not share the majority view here today—that the Bill’s general provisions should proceed and that in general it is right that people should be pardoned—and who do not accept the Conservative party’s manifesto commitment to that effect were given an excuse to attempt not to allow the Bill to proceed, because of the disagreement over the Bill’s legal effect. There is, I repeat, no disagreement about the intention of the hon. Gentleman’s Bill; it is the same as the Government’s intention. There is, therefore, broad agreement that this is the right thing to do.

People will be listening to this debate. The signal that the House of Commons sends on these matters is immensely important. As I said before the urgent question, it is important in terms of the justice that should be done to those who are still living, when a great injustice was done before. It is important to many young people who are struggling and coming to terms with their sexuality and who want to ensure acceptance today. It is important that the message this country sends out to the rest of the world is that the legislation we passed and promoted in an age gone by was not only wrong then but is still capable of doing great injustice today. We should atone for that in a very clear manner, and we should not allow the message that we wish to send to all those groups of people to be distorted. The House of Commons should stand for justice and equality, and we should stand for the principle that, where an injustice was done in the past, we should recognise that clearly and unequivocally. That is why this Bill should be given a Second Reading.