Asked by: Lord Sharkey (Liberal Democrat - Life peer)
Question to the Ministry of Justice:
To ask Her Majesty’s Government, in the light of the Conservative Party manifesto pledges to introduce legislation to pardon those men, now deceased, who were historically convicted of gross indecency even though they would be innocent of any crime today, whether they intend such legislation to extend a pardon to those men similarly convicted but still living who may apply for a "disregard" under the Protection of Freedoms Act 2012, and if not, why not; and whether they accept that there is a difference between a "pardon" and a "disregard", and if so, what it is.
Answered by Lord Faulks
The Government was elected with a manifesto commitment to introduce a new law to pardon those who suffered from convictions similar to Alan Turing’s, and who cannot correct the injustice themselves through the “disregard” process. Details of the policy have not yet been formulated and Ministers will be discussing their plans and making announcements in due course
There is a clear difference between a pardon and a disregard. A pardon is legally neutral in effect and does not affect any conviction, caution or sentence, though it may remove the ”pains and penalties” which resulted from these. The effect of a disregard is that all successful applicants will be treated “for all purposes in law” as though the conviction had never occurred and need not disclose it for any purpose. Official records relating to the conviction held by prescribed organisations will be deleted or, where appropriate, annotated to this effect as soon as possible after the grant of a disregard.
Asked by: Lord Sharkey (Liberal Democrat - Life peer)
Question to the Ministry of Justice:
To ask Her Majesty’s Government when they expect to be able to fulfil their manifesto pledge to introduce legislation to pardon those men, now deceased, who were historically convicted of gross indecency even though they would be innocent of any crime today; and whether this new law will extend the pardon to those men similarly convicted but still living.
Answered by Lord Faulks
We are committed to fulfilling our manifesto commitment in due course. Those who are still living are able to apply for a “disregard” under the Protection of Freedoms Act 2012.
Asked by: Lord Sharkey (Liberal Democrat - Life peer)
Question to the Ministry of Justice:
To ask Her Majesty’s Government how much it cost to prepare the Senior President of the Tribunals’ annual report on the performance of decision-making in the Ministry of Justice, in each of the last ten years.
Answered by Lord Faulks
Section 15A of the Social Security Act 1998 requires the Senior President of Tribunals, annually, to make a written report on the standards achieved by the Secretary of State for Work & Pensions in the making of decisions against which an appeal is made to the First-tier Tribunal (Social Entitlement Chamber – Social Security and Child Support). That report must be published by the Lord Chancellor.
The duty to report was discharged by the President of the Appeals Tribunal prior to the implementation of the Tribunals, Courts and Enforcement Act 2007. The Senior President of Tribunals has delegated this responsibility to the President of the Social Entitlement Chamber since the implementation of the Tribunals, Courts and Enforcement Act 2007.
Preparation of the report costs approximately £20,000 in judicial time each year; however, this is within their salaried hours, so there is no additional cost beyond their salary. There are some associated printing costs but records of these are not held centrally.