2018 Scotland pardons All men, living and dead convicted for being gay

2018 Scotland pardons All men, living and dead convicted for being gay.

In 2018, the Scottish Parliament passed the Historical Sexual Offences (Pardons and Disregards) (Scotland) Act 2018, which provided a formal pardon to all men convicted of historical same-sex sexual offences that are legal today. This legislation followed an “unequivocal apology” from First Minister Nicola Sturgeon on behalf of the Scottish Government for the “hurt and harm” caused by these discriminatory laws. 

Key Provisions of the 2018 Act

• Automatic Pardon: Unlike similar legislation in England and Wales at the time, the Scottish pardon was automatic for both living and deceased individuals. It did not require an application to be considered “pardoned,” though this status is largely symbolic.
• Disregard Process: While the pardon is automatic, individuals still living with these convictions must apply for a formal “disregard” to have the offences removed from their criminal records. A successful disregard ensures the conviction never appears on background checks, such as those conducted by Disclosure Scotland.
• Eligibility: The Act covers convictions for consensual sexual activity between men that occurred when such acts were illegal or subject to a higher age of consent (which was not equalised until 2001). This includes common law offences like “shameless indecency” and statutory offences like “importuning” (chatting up another man in public).
• Exclusions: The law does not apply to conduct that remains illegal today, such as non-consensual sexual acts or activity involving persons under the age of 16. 

Notable Figures and Organisations Involved

• Nicola Sturgeon: As First Minister, she issued the official state apology in November 2017, calling the past laws a “wrong” committed by the state.
• Michael Matheson: The then-Cabinet Secretary for Justice who introduced the Bill to Parliament and spearheaded its unanimous passage.
• John Nicolson: An SNP MP who had previously attempted to pass a similar “blanket pardon” Bill (the Sexual Offences (Pardons etc) Bill) in the UK Parliament, which influenced the Scottish approach.
• Equality Network and Stonewall Scotland: These leading LGBTQ+ charities campaigned for years to secure these reforms, working closely with the government to ensure the legislation covered a wide range of discriminatory offences.
• Tim Hopkins: Director of the Equality Network, who was a key advocate for the automatic nature of the pardon to avoid further “anguish” for those affected.

The 2018 pardons and First Minister Nicola Sturgeon’s 2017 apology were met with overwhelming support from the LGBTQ+ community, though activists also voiced critical concerns regarding the practical implementation of the law.

Positive Community Reception

• Vindication and Pride: High-profile activists, such as Derek Ogg QC, described the day of the apology as “wonderful,” stating it allowed those affected to “get their pride back” and felt like a long-awaited reconciliation with the state.
• Symbolic Power: Major organisations like the Equality Network and Stonewall Scotland hailed the legislation as a “historic” and “concrete recognition” of past harm.
• Superiority to UK Laws: Campaigners specifically praised the Scottish Act for being more progressive than the equivalent Turing Law in England and Wales because it provided an automatic pardon to living men and covered a broader range of offences, such as “importuning”. 

Criticisms and Challenges

• Confusion Between Pardon vs. Disregard: Activists, including those from Stonewall UK, warned that the “symbolic” nature of the automatic pardon was confusing. They stressed that men still had to navigate a bureaucratic application process for a “disregard” to actually clear their criminal records for job checks.
• Trust and Privacy Issues: Some groups noted that the vast majority of eligible men remained hesitant to apply for disregards due to a lack of trust in the government to handle their historical cases sensitively.
• Political Tension: While the bill passed unanimously, some members of the community expressed disappointment at “quiet assent” from certain MSPs who supported the bill publicly while maintaining personal religious beliefs that same-sex activity was wrong. 

Long-term Impact

• Cultural Shift: The Scottish Government viewed the pardon as a foundation for further progress, leading to Scotland becoming the first country to mandate an LGBTI-inclusive curriculum in all state schools in 2018. 

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