Next order of business is the Historical Sexual Offences (Pardon) (Scotland) Bill's reading at stage 3.

The Bill passed the committee with no amendments and no consideration.

It follows the old system as thus amendments may be submitted now and will be voted on from the 21st to 23rd.

Historical Sexual Offences (Pardon) (Scotland) Bill

An Act of the Scottish Parliament to pardon any person convicted of a sexual offence which was an offence solely because of the gender of their partner, and to allow these convictions to be disregarded in the future.

1 Purpose of this Bill

(1) The Purpose of this Bill is to:

• (a) Pardon anybody convicted of a historical sexual offence which was an offence due to the same sex nature of the offence, and which would not have been an offence if it was done with a person of the opposite sex

• (b) Acknowledge the wrongful and discriminatory nature of these convictions, and the impact they have had on the lives of those convicted.

2 Historical sexual offence: definition

(1) In this Act, “historical sexual offence” means:

• (a) an offence under section 13(5)(a) or (c), (6) or (9) of the Criminal Law (Consolidation) (Scotland) Act 1995

• (b) an offence under section 80(7)(a), (c) or (d), (9) or (12) of the Criminal Justice (Scotland) Act 1980,

• (c) an offence under section 7 of the Sexual Offences (Scotland) Act 1976,

• (d) an offence under section 11 of the Criminal Law Amendment Act 1885,

• (e) the common law offence of sodomy,

• (f) the common law offence of shameless indecency, in so far as that offence covered sexual activity between men,

• (g) Any other offence which was an offence solely because the people involved in the offence were of the same sex, and which would not have been an offence if the people committing it were the opposite sex

• (h) an offence of attempting, inciting or conspiring to commit any of the offences mentioned in paragraphs (a) to (g).

3 Pardon and Disregard

(1) A person who has been convicted of a historical sexual offence is pardoned for the offence if, on the day on which this Act comes into force, the conduct constituting the offence would not be an offence in the same circumstances

(2) This pardon shall result in the person being treated as that person had not:

• (a) committed the offence;

• (b) been charged with the offence;

• (c) been convicted of the offence

• (d) paragraphs (a) through (c) include any action which was an alternative to prosecution or conviction

(3) This pardon cares no connotation of guilt or wrongdoing in the past.

4 Saving for Royal Pardons

Nothing in this Act affects the Royal Prerogative of Mercy

5 Commencement

This Act comes into force upon Royal Assent

6 Short title

The short title of this Act is the Historical Sexual Offences (Pardon) (Scotland) Bill

This Bill was written by the Right Honourable Sir Duncs11 GCT KT KCB PC QC MP MSP (Angus, Perth, and Stirling), on behalf of the Scottish Government.

Due acknowledgement is given to the real-life Historical Sexual Offences (Pardons and Disregards) (Scotland) Bill, upon which this bill is based.

Amendments will be voted on from the 21st to 23rd after which the stage 3 vote will start.