Sexual Offences (Pardons Etc) Bill

Debate between Sam Gyimah and Lyn Brown

Friday 21st October 2016 Commons Chamber

[Mr Gyimah]

The hon. Gentleman makes my point about why a disregard step is essential in this process—[Interruption.] May I respond to the hon. Gentleman’s point? The disregard process means that there will not be a situation where someone has been ostensibly pardoned but the criminal record has not been expunged. The disregard process ensures that the criminal record is expunged and the person gets a statutory pardon. I am sure that Members will agree that such a process provides a meaningful avenue for individuals convicted or cautioned for sexual activity that is no longer regarded as an offence.

[Lyn Brown]

rose—

[Mr Gyimah]

The hon. Lady has had her time. The process allows people to move on with their lives in a meaningful way.

A disregard is a much more powerful and useful remedy for someone living than just a pardon. We recognise the force of the symbol of being pardoned, which is why we propose to pardon all of those who are living and were convicted of relevant offences once they have received a disregard. I would urge any individuals who believe that they are eligible for the disregard process to apply through the Home Office to have their records properly assessed. I hope that today’s debate has helped to raise the profile of this process so that those who are not aware can take steps to secure the justice that they deserve.

Of course, I support the intentions behind the Bill; the hon. Member for East Dunbartonshire and I share the same objectives. The proposed blanket pardon would not provide for robust checks to ensure that only those who clearly meet the criteria can claim to be pardoned. It could lead in some cases to people claiming to be cleared of offences that are still crimes—including sex with a minor and non-consensual sexual activity. Under the disregard process, for example, the Home Office has rejected several applications where the activity was non-consensual and others where the other party was under 16 years old. Those offences were captured under offences such as “gross indecency” at the time, but are still crimes today. It is important that a pardon for the living takes place only after due process to verify—[Interruption.]