Automatic pardons for historical gay offences
● Men affected to be ‘fully absolved’ ● National apology being considered
The Scottish Government is to grant an automatic pardon to gay and bisexual men convicted of now-abolished sexual offences.
Justice secretary Michael Matheson said legislation to grant pardons will be brought in at Holyrood. As part of this process ministers will give “serious consideration” to whether they should make a formal apology. It comes just days after similar legislation was scuppered at Westminster.
Mr Matheson told MSPS: “There are people with criminal convictions for same-sex sexual activity that is now lawful and we must right this wrong.”
All Scots men convicted of crimes relating to homosexual activity are to receive an “automatic” pardon and have their records wiped, justice secretary Michael Matheson announced yesterday.
The move was hailed as a “historic” moment for Scotland and goes further than a similar measure unveiled by UK ministers last week. Mr Matheson told MSPS yesterday there are men in Scotland who still have convictions for same-sex sexual activity for offences such as sodomy and gross indecency. This only became lawful north of the Border in 1980.
“We must right this wrong,” he said. “We will introduce an automatic pardon for people convicted so that they know they are absolved fully of that conviction.
“We want to address the injustice that people experience simply because of their sexual orientation in circumstances that are now legal.
“The granting of an automatic pardon is one way of achieving this.”
This goes further than measures announced at Westminster last when the UK government announced that it would allow such pardons, but those convicted would have to apply for them.
Mr Matheson also said information held on record about such convictions north of the Border by Police Scotland will also be wiped clean, so they don’t affect men facing disclosure checks.
Labour leader Kezia Dugdale welcomed the pardons. She said: “That is a hugely welcome announcement – in fact it is nothing short of a historic moment for Scotland to be a more equal and respectful country.”
She also called on ministers to issue a public apology for the actions of the state in imposing such convictions.
Mr Matheson agreed to consider this.
National lesbian, gay, bisexual, transgender and intersex (LGBTI) equality charity the Equality Network has welcomed the announcement.
Director Tim Hopkins said: “Men in Scotland were arrested, prosecuted and sent to prison for up to a year for no more than consensual privatesexwithanotherman.we very much welcome the Scottish Government’s announcement 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.”