Sexual Offences (Pardons Etc) Bill Debate

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Department: Ministry of Justice

Sexual Offences (Pardons Etc) Bill

Nigel Huddleston Excerpts
Friday 21st October 2016

(7 years, 7 months ago)

Commons Chamber
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Nigel Huddleston Portrait Nigel Huddleston (Mid Worcestershire) (Con)
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It is a pleasure to follow the hon. Member for Glenrothes (Peter Grant). May I congratulate my hon. Friend the Member for Selby and Ainsty (Nigel Adams) on his earlier comments, which I think the whole House found extremely touching and very sincere. I also congratulate the hon. Member for East Dunbartonshire (John Nicolson) on his success in the private Members’ Bill ballot and on introducing the Bill.

It would appear that we are tantalisingly close to getting a cross-party agreement that achieves the intent of so many stakeholders in this debate. I was honoured to be asked to support the Bill by the hon. Gentleman because it is entirely consistent not only with my values of a fair and tolerant Britain, but with a Conservative party manifesto commitment, in which we pledged to build on the posthumous pardon of Alan Turing with a broader measure to lift the blight of outdated convictions for homosexual acts and to introduce a new law that will pardon those—both alive and dead—who have suffered these wrongs. I note a “new law” and “pardon” in that phraseology, which is in the manifesto commitment on which I and others stood. Supporting the Bill was therefore not a difficult decision for me, because it is entirely consistent with the manifesto, yet we are now faced with not one but two Bills that aim to achieve that goal.

I was encouraged by the Government’s announcement yesterday that Lord Sharkey’s amendment to the Policing and Crime Bill will be adopted. This was no doubt spurred on by the hon. Gentleman’s Bill. Whichever of the Bills makes it on to the statute book, it will be an important and long-overdue step. It is extraordinary that there are men still alive today who live with the stigma of a criminal record for homosexual acts that are no longer illegal and in many cases have not been illegal since before I was born. It is 49 years since homosexuality was decriminalised in England, 36 years since it was decriminalised in Scotland, and 34 since it was decriminalised in Northern Ireland. We often pride ourselves in this place on leading public opinion, but in this matter we are woefully behind.

There are people who still find the idea of homosexuality uncomfortable, but I am sure that the vast majority of those who hold that view would still accept that there is a world of difference between being uncomfortable with the acts of others and believing such acts should be illegal. Personally, I do not believe that there is only so much love in the world that the Government need to step in and ration it, and dictate to consenting adults where it can and cannot occur.

Although homosexual acts are no longer illegal, the fact that the taint of criminal records for homosexuality still exists is completely out of kilter with modern, progressive and compassionate British society, and it is absolutely right that we take action to correct this.

Some people have expressed concern that such a Bill would lead to the pardoning of rapists and child molesters. That is obviously not the intent of anyone, and there are specific lines in the Bill stating that the pardoning must relate to consensual sex with over-16s only, and I assume that the Government’s Bill gives similar assurances.

I understand that there are also some concerns about the process of pardoning and whether a disregard process should be followed. I am confident that we can come to a reasonable consensus on all these points, and it seems that the only remaining issue is the process by which we avoid unintentionally pardoning those who should not be pardoned.

We have a golden opportunity for a cross-party Bill of huge actual and symbolic significance. I respectfully suggest therefore that Ministers and the hon. Gentleman work together on the details and final wording, so that we can pass a Bill that Members of both Houses and all parties can agree on, and do so as soon as possible.

I have the pleasure of serving alongside the hon. Gentleman on the Select Committee on Culture, Media and Sport. He has been in this House for only 18 months —just as long as I have—yet in this short time he has already made a great impact, and if he and the Government can come to an agreement to make the Bill work, he will have played a key role in securing a great legacy both for himself and for all of us currently serving in this place. I support both Bills, as many in this House do. I do not know which vehicle is the best one to get what we want, but I just wish we can get to a resolution very soon.