MSPS vote for gay men to be pardoned for historical convictions
A new law giving automatic pardons to gay men convicted of historical sex offences and which allows their convictions to be quashed has been passed at Holyrood.
Justice Secretary Michael Matheson said the legislation marks a “proud day for Scotland” as MSPS unanimously voted for the Historical Sexual Offences (Pardons and Disregards) Bill.
The bill will automatically pardon gay men convicted under historical discriminatory laws and will also allow them to apply for past convictions of this nature to be legally disregarded or removed from criminal records.
Private same-sex activity between two men aged over 21 was illegal in Scotland until 1981. The age of consent for gay men was finally reduced to 16 in 2001.
The legislation received cross-party support – but SNP backbencher John Mason sparked a row after Green co-convener Patrick Harvie revealed that Mr Mason had said in an email he did not agree with “retrospective pardons and apologies”, adding “will the Italians be apologising for the Roman occupation?”
Mr Harvie condemned Mr Mason’s “flippant” tone and questionedhowsomeonewith those views could be selected to stand for parliament, urging a change in culture.
Mr Mason told him tolerance is important and added “in traditional faith communities there is a belief that it is wrong for one person of the same sex to have a sexual relationship with someone else”, before voting in favour of the legislation.
Mr Matheson said: “No-one needs reminding of the damage done to people’s lives by these discriminatory and unjust laws, and that such damage cannot be undone.
“Unfortunately, for many decades, parliamentarians in Scotland supported or, at least, tolerated, laws which criminalised the act of loving another adult.”
He said the lives of some men convicted would have been “destroyed” and gay men not convicted had to live under the fear they would be criminalised.
Adding that it was a “proud day for Scotland”, he said: “This bill makes absolutely clear, through the pardon, that this Parliament acknowledges that those who were convicted of offences for engaging in same-sex sexual activity had done nothing wrong.”
Conservative equalities spokeswoman Annie Wells said the “landmark” law is a further step to “true LGBTI equality” and gives men convicted under the historical laws “the opportunity to really move on with their lives”.