November, 2016 · By Justin Bengry
On 21 October, Conservative Justice Minister Sam Gyimah was instrumental in the failed second reading of the Sexual Offences (Pardons Etc.) Bill. The private members bill sought to clear the names of men convicted for historic homosexual offences that are no longer crimes. Introduced by Scottish National Party MP John Nicolson, who is openly gay, the bill would have expanded the number of offences for which pardons—and more importantly, ‘disregards’, which effectively erase convictions—could be extended to living men as well as to the dead.
Speaking for some 25 minutes in the House of Commons, Gyimah ‘talked out’ the time allowed for debate, a parliamentary strategy that effectively killed the bill. Gyimah accused that the bill could lead to pardons being claimed by men convicted of offences that remain crimes, ‘including sex with a minor and non-consensual sexual activity’. But these are scare tactics. Nicolson’s bill unambiguously excluded non-consensual offences or those committed with anyone under the age of 16. To be clear, Gyimah’s justification for killing the bill was not that it would actually grant pardons to men convicted of non-consensual or underage sex offences, but that such men might claim to have been pardoned.
The previous day Gyimah had announced the government’s own strategy for pardoning men convicted for homosexual offences. Rather than righting the wrongs of the past, the government’s preferred approach to pardons exploits LGBTQ issues and people for political gain, a perverse outcome of the Conservative government’s ongoing attempt to appear progressive, inclusive, and LGBTQ-friendly.
This post was originally published at History Workshop on 23 October 2016. It was subsequently published at the Policy and Politics blog at the London School of Economics and as ‘In Britain, the Conservative Party’s “Gay Pardon” for the Dead Harms the Living‘ at Slate for US audiences.
August, 2015 · By Justin Bengry
UK Labour Party leadership contender Andy Burnham recently proposed automatic pardons for all men convicted of historical homosexual offences that are no longer crimes. This has been an ongoing conversation in the UK, which in 2013 granted WWII Enigma codebreaker Alan Turing a posthumous royal pardon. The issue reappeared in the lead up to this year’s May 7 general election, when Labour’s then-leader Ed Miliband came out in favour of case-by-case pardons for living individuals and also posthumous cases. David Cameron and the Conservatives soon followed suit, likewise promising that if were they to form the next government, men convicted of historical offences would be pardoned. Burnham’s announcement has reinvigorated this question of whether all men should have similar convictions deemed spent, pardoned or erased.
A well-publicised petition supported by Turing’s family, activists like Peter Tatchell, and celebrities like Benedict Cumberbatch and Stephen Fry demands that a royal pardon be extended to all men convicted under ‘anti-gay’ laws. More than 600,000 people have signed the petition demanding the state ‘Pardon all of the estimated 49,000 men who, like Alan Turing, were convicted of consenting same-sex relations under the British “gross indecency” law (only repealed in 2003), and also all the other men convicted under other UK anti-gay laws’. As a historian of Britain’s LGBTQ past I cannot sign this petition nor support anything more than pardons for living individuals.