Scottish government move for 'Turing law' gay pardons

Mr Matheson said he was working with Police Scotland to have convictions disregarded

The Scottish government is to move to pardon men who were convicted of same-sex offences before laws against homosexuality were scrapped.

The UK government has announced plans for posthumous pardons for men who were convicted under laws now abolished.

There was controversy after an SNP members' bill on the topic was "talked out" at Westminster, with Theresa May's government preferring its own plans.

Justice Secretary Michael Matheson said Scottish-specific plans would be made.

Changes to legislation at Westminster would not apply automatically in Scotland, with justice a devolved area.

Private homosexual acts between men aged over 21 were decriminalised in England and Wales in 1967, but the law in Scotland was not changed until 1980.

'Quash convictions'

The issue was raised at Holyrood by Scottish Labour leader Kezia Dugdale, who asked whether the government would "quash the convictions and cautions issued to people for now-abolished gay sexual offences and issue pardons".

She was supported by members from across the chamber, including Lib Dem Alex Cole-Hamilton who wrote to First Minister Nicola Sturgeon on the matter and also lodged a parliamentary motion which won cross-party support.

Mr Matheson said it was "shocking" to consider that consensual sex between men was only decriminalised in 1980, and ages of consent not equalised until 2001.

Legislation is to be brought forward to ensure all those with convictions are pardoned, where convictions relate to same-sex activity which is now legal.

Separately, government officials have been working with Police Scotland to find a way to ensure past convictions no longer appear on criminal records, and to have convictions disregarded from centrally-held records.

Pressed by Ms Dugdale on whether men would also receive a pardon, the justice secretary said this should be considered alongside new legislation.

Alan Turing's work at Bletchley Park during World War Two enabled German codes to be cracked

Mr Matheson said: "Such laws clearly have no place in a modern and inclusive Scotland. However, there are people with criminal convictions for same-sex sexual activity that is now lawful and we must right this wrong.

"We will introduce an automatic formal pardon for those convicted under these discriminatory laws so they know they are absolved fully. We want to address the injustice that people experienced simply because of their sexual orientation in circumstances that are now legal and this is one way of achieving this."

Mr Matheson's statement was welcomed by members across the chamber, with Green MSP Patrick Harvie reiterating the importance of an apology, acknowledging that the state acted wrongly.

Ms Dugdale said she was "beyond thrilled", adding that "this public acknowledgement that our laws were wrong is a historic moment for equality, acceptance and respect in our country".

'Talked out'

The Westminster government is to introduce a so-called "Turing law" pardoning gay and bisexual men of now-abolished offences, following the pardoning of World War Two code-breaker Alan Turing in 2013.

Mr Turing's work during the war helped break German codes, but he was convicted of "gross indecency" in 1952 and was chemically castrated.

The Sexual Offences Act decriminalised homosexual acts between adult men in 1967, but Scotland and Northern Ireland took longer to change local laws.

UK Justice Minister Sam Gyimah said it was "hugely important that we pardon people convicted of historical sexual offences who would be innocent of any crime today".

The specific changes to the law at Westminster will pardon men who have since died, but thousands of living men with convictions will also be eligible for a pardon by applying to the Home Office.

SNP MP John Nicolson lodged a private members bill calling for blanket pardons for those still living, but Mr Gyimah said this could see people claiming pardons for acts that are still illegal.

Campaign group Stonewall supported Mr Nicolson, pointing out that his bill "explicitly" excluded pardoning anyone convicted of offences that are still illegal, such as non-consensual sex and sex with someone under 16.

There were shouts of "shame" and "shameful" from angry MPs as Mr Gyimah spoke for 25 minutes, using up the time limit allotted for the debate, meaning it never passed to a vote.