Charities have welcomed an announcement that men convicted of same-sex sexual activity before laws against it were scrapped will receive a full pardon
Men convicted of same-sex sexual activity before laws against it were scrapped will receive a full pardon from the Scottish Government.
The move comes after a bill proposing the move in England and Wales failed at Westminster after being controversially ‘talked out’ by MPs against it.
Michael Matheson MSP, cabinet secretary for justice, told the Scottish Parliament that legislation will be brought forward to ensure all those who have convictions will be pardoned, if the convictions relate to same-sex sexual activity that is now lawful.
Scottish Labour leader Kezia Dugdale brought up the issue at Holyrood, with Matheson saying he thought it was ‘shocking’ that sex between men wasn’t decriminalised until 1980 and the age of consent not lowered to the same age as heterosexual couples until 2001.
We want to address the injustice that people experienced simply because of their sexual orientation
Matheson said it was time to right the wrong of people still having criminal convictions for same-sex sexual activity that is now lawful.
“We will introduce an automatic formal pardon for those convicted under these discriminatory laws so they know they are absolved fully,” he said.
“We want to address the injustice that people experienced simply because of their sexual orientation in circumstances that are now legal and this is one way of achieving this.
“Information on these convictions is held on Police Scotland records and we have engaged with Police Scotland to seek views on steps that could be taken to right these historic wrongs.
“I have instructed my officials, working in partnership with Police Scotland, to determine the practical steps required to establish a scheme to allow men convicted for actions that are now legal to seek to have those convictions disregarded. Where an offence is disregarded a person will be treated as not having been convicted of that offence and so it would not appear on, for example, disclosure checks.
The move has been welcomed by Scottish charities including The Equality Network and Stonewall Scotland – who both called on the Scottish Government also to issue apologies to those convicted.
“The old offences of sodomy and gross indecency were grossly homophobic and destroyed gay and bisexual men’s lives,” Tim Hopkins, Equality Network Director said.
“We very much welcome the Scottish Government’s announcement today that all men convicted of these crimes that are no longer crimes today will receive an automatic pardon.
“It is particularly important that the pardon is automatic, so that men do not need to apply for it.”
Colin Macfarlane, director of Stonewall Scotland added: “We're pleased to see the justice secretary’s announcement for plans for issuing pardons and providing justice for gay and bi men convicted of historic offences and are keen to see the details of these proposals and to work with Scottish Government to get the best possible solution for those affected.
“We are also of the view that this is a clear opportunity for the Scottish Government to make an unequivocal apology to all those affected, those convicted, and their loved ones. This would help many draw a line, once and for all, under a dark period in our history.”
