Legal Aid, Sentencing and Punishment of Offenders Bill

Lord Sharkey Excerpts

Tuesday 20th March 2012 Lords Chamber

Moved by

[Lord Sharkey]

156C: After Clause 131, insert the following new Clause—
“Rehabilitation of offenders: equality of treatment
In any case where a statute provides for a person to have a right to apply to the Secretary of State to have a conviction or caution disregarded, the provisions of that statute shall apply in the same way to any relative of any deceased person who would, had they still been alive, have been eligible to apply to have such a conviction or caution disregarded in accordance with the provisions of that statute.”

[Lord Sharkey]

My Lords, I will speak briefly to this amendment. As your Lordships will recall, there is a provision in the Protection of Freedoms Bill which will, when it is enacted, allow all those convicted of homosexual acts subsequently decriminalised to apply to the Secretary of State to have their convictions disregarded. This provision was widely welcomed in all parts of your Lordships’ House. According to an estimate provided by the House of Commons Library, since the relevant laws came into force in 1885, 75,000 men have been convicted of such now-decriminalised offences. Of those 75,000 men, it is estimated that 16,000 are still living. The Protection of Freedoms Bill will allow these men to apply to have their convictions disregarded; this will provide real help and comfort to them and their families, relatives, friends and loved ones. It will help to put right a serious historical injustice.

As things stand, however, this comfort and rehabilitation will not be available to families, relatives, friends and loved ones of those convicted under these repealed statutes and who have since died. Our amendment simply proposes equal rehabilitation and straightforward equality of treatment for all those convicted under the repealed laws. Under the provisions of the amendment, the relatives of those now convicted under the repealed laws but now deceased would be able to apply to have the convictions disregarded in exactly the same way as those who are still living.

We believe that this very simple extension is fair and right in principle. It would provide some comfort and closure for the families, relatives, friends and loved ones of those who have been convicted but are not able to apply for a disregard for themselves. We believe that all those convicted under these repealed and cruel laws should have an equal opportunity for rehabilitation. The amendment would go a small way towards making amends to the many thousands of men who were cruelly and unjustly persecuted simply for being gay.

One of the men who falls into this category is Alan Turing. This is the year of the centenary of his birth, and the Royal Mail is to issue a commemorative stamp in his honour. I think that everyone would acknowledge that Turing’s work at Bletchley Park on cracking the Enigma code contributed greatly to our efforts in the last world war and that Turing is, of course, the father of modern computer science. I know that my noble friend the Minister is well aware of the injustice of Turing’s treatment and, by extension, is well aware of the injustice in the treatment of all gay men similarly convicted and punished.

In answer to my Question for Written Answer in February, the noble Lord, Lord McNally, said:

“It is tragic that Alan Turing was convicted of an offence which now seems both cruel and absurd—particularly poignant given his outstanding contribution to the war effort”.—[Official Report, 2/2/12; col. WA 342.]

Those sentiments echo those of the then Prime Minister, Gordon Brown, who, in writing in the Daily Telegraph in September 2009, said of Turing:

“The debt of gratitude he is owed makes it all the more horrifying, therefore, that he was treated so inhumanely. He was in effect tried for being gay”.

He continued by saying:

“I am pleased to have the chance to say how deeply sorry I and we all are for what happened to him”.

Alan and the many thousands of other gay men who were convicted as he was convicted, under homophobic laws, were treated terribly. These many thousands of gay men were treated terribly, and our amendment would help to put some of that right. I hope that my noble friend will be able to give this amendment sympathetic consideration and I beg to move.

[Lord Bach]

My Lords, from the opposition Front Bench I thank the noble Lord for the impressive way in which he moved the amendment, and an impressive amendment it is too. He could not have put the case better. We look forward to hearing what the Minister has to say in reply, and we would be very surprised if it is not sympathetic.

--- Later in debate ---

[Lord Sharkey]

I must say that I am extremely disappointed by that response. I would also point out to my noble friend that I was not calling for a pardon, and that I know the difference between a pardon and a disregard. Nor was I asking for the clock to be put back, as perhaps seemed to be the case.

This was, above all, a very simple opportunity to put right a historic wrong. It also seems to me that the notion that there is a large number involved, and that it therefore makes this difficult, sits oddly with the fact that the impact assessment for the Protection of Freedoms Bill showed precisely no cost in relation to the 16,000 who are still alive. It is hard to see how you could multiply that by any figure and get a significant cost at all.

I will end by saying that I feel truly disappointed by the response. It seems unnecessarily mean-spirited, and although I shall withdraw the amendment now, this is something that I shall pursue, and look for support in pursuing, at Third Reading.

Amendment 156C withdrawn.