Sexual Offences (Pardons Etc) Bill

Debate between Craig Whittaker and Joanna Cherry

2nd reading: House of Commons
Friday 21st October 2016 Commons Chamber

[Craig Whittaker]

I thank my hon. Friend for that clarification. He has taken two paragraphs out of my speech. One reason why I cannot support this private Member’s Bill is that, despite what the hon. Member for East Dunbartonshire (John Nicolson) claims, I do not believe that it is watertight. People could claim to have been cleared of certain offences when in fact those offences are still crimes. Such offences include having sex with a minor and non-consensual sexual activity.

[Joanna Cherry (Edinburgh South West) (SNP)]

I am sure that the hon. Gentleman prepared for the debate today by reading the Bill. He will be aware that clause 1, which sets out the effect of the legislation, states:

“Nothing in this Act is to be interpreted as pardoning, disregarding or in any other way affecting cautions, convictions, sentences or any other consequences of convictions or cautions for conduct or behaviour that is unlawful on the date that the Act comes into force.”

What is unclear about that?

[Craig Whittaker]

I hear clearly what the hon. and learned Lady says, but my big concern is: how do we physically put that through a due diligence process? The disregard process will do just that. I have already said there are a lot of men who clearly should be pardoned, and that there should be a process for doing that, but how do we physically check the process? The disregard process is there for that exact purpose.