Simon Kirby MP for Kemptown & Peacehaven responds to Councillor Phélim Mac Cafferty’s recent letter to the editor.
“I am pleased to say that the Government is introducing a posthumous pardon for thousands of gay and bisexual men convicted of now abolished sexual offences, delivering on the Conservative manifesto commitment. This historic step will happen within weeks. The quickest and safest way to deliver this is through Lord Sharkey’s amendment to the Policing and Crime Bill. This has the support of both Labour and the Liberal Democrats. John Nicolson’s Private Member’s Bill had the same sentiment, but would have delivered this change more slowly, as well as failing to address the complexity of the situation regarding pardons for the living and thereby doing a disservice to victims.
The reason why pardons for the living are more complex is because the historic offences also covered acts that are still crimes today, such as sex with someone under the age of 16 and non-consensual sex. We need to ensure that people cannot claim they have been pardoned for crimes that are still a crime today, which would be deeply distressing for victims and their families. This was not addressed in John Nicolson’s Bill.
The Government’s Turing Law means that when people apply to the Home Office to have the mention of an offence removed from criminal records checks (known as the “disregard process”), where these relate to now abolished offences, they will benefit from a pardon. Where their convictions remain criminal offences today, these will continue to appear in criminal records checks.
I welcome the Government’s action to address this issue. Please be assured that I will continue to listen carefully to local people and monitor the situation.”
Simon Kirby MP
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