Hansard

Stage 3 debates can be slightly odd and—dare I say it?—disjointed. For those who have been involved in lodging and debating amendments, such debates can be hugely important and engaging. For everyone else in the chamber, they can be slightly bamboozling. Members watch their colleagues debating vigorously, but do not always share their enthusiasm.

Stage 3 of the Historical Sexual Offences (Pardons and Disregards) (Scotland) Bill is different, and not just because there were no stage 3 amendments. Indeed, that is an important sign of the bill’s strength and its balanced approach, and I commend the Government and all those who were involved in drafting it for that. Nor is the biggest difference the degree to which the proposals in the bill have such broad and unanimous support from all parties in the Parliament, although that is surely a mark of the progress that we have made on equality in Scotland.

For me, the biggest difference is the opportunity that the bill has given the Parliament to reflect on the progress that we have made, the need to resist complacency when it comes to equality and historical injustices, and the purposes and effects that legislation in this place has outside and will continue to have in the years to come.

Scotland decriminalised same-sex acts only in 1980 and the last anti-gay references in Scots law were removed only five years ago. I was particularly struck by Christina McKelvie’s remarks in the stage 1 debate in which she outlined where Scotland sits in an historical context compared with other countries. France repealed its laws against homosexuality in 1791. Italy did so in the 19th century and Scandinavian countries did so just after the second world war. In passing the bill, we have to acknowledge how slow we have been to make progress in some ways. We should also commit to ensuring that in the future Scotland leads the world on equality for all and righting historical injustices. [Interruption.] I thank Christina McKelvie for her applause.

I thank the Equalities and Human Rights Committee and I echo the thanks to all the stakeholders who participated in giving evidence and scrutinising the bill, because that has enabled the fruitful debate that we have had so far and which we will continue to have this afternoon. The committee produced an excellent stage 1 report, which brought to life the many issues that surround these historical injustices.

Simple, basic human acts and behaviours were criminalised. Careers have been hindered to this day and people have been prevented from volunteering in their communities. Although those unjust laws might have been repealed, for too many people their effect is far from historical; they impact on lives today.

The bill not only takes an important step towards putting many of those issues right; it does so in a sensible and pragmatic way. It is to be welcomed that the bill will address the issue of those convicted for importuning and those convicted through discriminatory local byelaws. That shows that we have learned an important lesson from England and Wales, where the scope of the equivalent law is felt to be too narrow and there is disappointment in the level of uptake.

We also welcome the approach of creating an automatic pardon alongside a mechanism for disregards. That is sensible, because it will ensure that the law is both universal and effective. It is only right that pardons are given by default, rather than people being required to apply for them. It is equally important to ensure that the effect of these historically unjust convictions does not persist, and that requires a robust and effective disregard system.

I echo the comments made by the cabinet secretary and others in saying that it is vital that we are clear and unequivocal about the meaning of the pardon. It is a pardon only in the strict legal sense. Let us be very clear that men who were unjustly criminalised under these laws did nothing wrong and are guilty of nothing—the pardon is simply an acknowledgement of that injustice. The only guilt, and the only apology, is on behalf of the state, which criminalised so many homosexual men and was the source and instigator of these historical injustices.

I also welcome the improvements that were made to the bill at stage 2. It is critical that the system of disregards is simple and straightforward to use. It is therefore welcome that the Government has responded to calls for the affirmative procedure to apply to the regulations that will be introduced. That will enable Parliament and the public to test and scrutinise how the system will work and to make sure that the legislation is as effective and impactful as possible.

I also acknowledge Stewart Stevenson’s amendment, which will make sure that failure to accurately recall one’s exact details will not prevent applications for disregards. Many people might well find it difficult to remember their exact former address or might have changed their name since they received the conviction. Stewart Stevenson’s amendment will mean that they are not disadvantaged, for which we should thank him.

I also highlight my colleague Mary Fee’s amendment, which she withdrew at stage 2, which sought to make provision for families to apply for a posthumous pardon. I understand the technical issues that that might have caused and I welcome the Government’s commitment to implement such a scheme without legislation. I urge the minister to outline the progress made on that in summing up and to provide clarity on when the scheme is expected to be in place.

It is also vital that there is awareness of the legislation and how people can make use of it. The downside to the approach of providing an automatic pardon in conjunction with a system of disregard by application is the possibility of confusion, as the cabinet secretary noted. We do not want a situation whereby people think that by dint of the pardon, convictions will no longer appear on record checks.

An effective programme of public awareness is vital, so that there is understanding of the difference between the pardon and the disregard that are afforded by the bill and of how to apply for a disregard. I would therefore welcome further detail from the Government on its plans for public information and awareness raising.

This is a very welcome and much-needed bill, which has caused us all to reflect. The bill will have Scottish Labour’s full support this evening as we seek to right the wrongs of the past.