Sexual activity between men has been legal since 1980.
The Bill aims to:
This is a Government bill
The Bill became an Act on 11 July 2018
This Bill was passed and is now an Act of the Scottish Parliament.
Sexual activity between men has been legal since 1980.
The Bill aims to:
The Bill will also ensure information about a historic conviction will not show up in a disclosure check.
There are men in Scotland who have criminal convictions for same-sex sexual activity that is now legal.
Information about those convictions may still be held on records maintained by Police Scotland. These convictions will likely be ‘spent‘ convictions under the Rehabilitation of Offenders Act 1974. These would not be disclosed on a basic level disclosure. When a person applies for a role that needs a higher level disclosure certificate these could be shown. This is discriminatory.
Historical Sexual Offences (Pardons and Disregards) (Scotland) Bill as introduced (212KB, pdf) posted 06 November 2017
Explanatory Notes (151KB, pdf) posted 06 November 2017
Policy Memorandum (194KB, pdf) posted 06 November 2017
Financial Memorandum (228KB, pdf) posted 06 November 2017
Delegated Powers Memorandum (140KB, pdf) posted 06 November 2017
Statements on legislative competence (69KB, pdf) posted 06 November 2017
All Bills introduced in the Parliament must be accompanied by specific documents. For most Bills, this includes:
Explanatory Notes: this document provides an overview of what the Bill does, plus a more detailed explanation of individual provisions.
Policy Memorandum: this sets out the objectives of the Bill. It also lists any alternatives considered, details of consultations, and an assessment of the effects of the Bill on a range of areas.
Financial Memorandum: this sets out estimates of costs, savings, and any changes to revenues expected to result from the Bill.
Delegated Powers Memorandum: this is needed if a Bill gives powers to make subordinate legislation or allows Scottish Ministers to issue directions, guidance or codes of practice.
Statements on legislative competence: two short statements, one by the Presiding Officer and one by the Member introducing the Bill. “Legislative competence” means the powers the Parliament has to make law.
The Presiding Officer has decided under Rule 9.12 of Standing Orders that a financial resolution is not required for this Bill.
For each Bill, the Presiding Officer must decide if a 'Financial Resolution' is required. The main reasons a Bill would need a Financial Resolution are that:
If a Bill requires a Financial Resolution:
The Scottish Parliament's Information Centre (SPICe) prepares impartial research and analysis to assist MSPs in their examination of Bills and other parliamentary business.
Research briefing on the Historical Sexual Offences (Pardons and Disregards) (Scotland) Bill
The Bill was introduced on 6 November 2017
At Stage 1, the Bill is given to a lead committee. This is usually the committee whose remit most closely relates to the subject of the Bill. The lead committee will consider and report on the Bill. Other committees may also examine the Bill and report to the lead committee. Finally, there is a debate and vote by all MSPs on the general principles of the Bill. If the general principles are not agreed to, then the Bill ‘falls’ and can’t become law.
The lead committee for this Bill is the Equalities and Human Rights Committee.
The lead committee will usually examine the Bill through evidence sessions. This will involve contributions from individuals and organisations, known as 'witnesses', with knowledge of the subject matter. The committee might also discuss the Bill in private sessions.
The deadline for sharing your views on this Bill has passed.
If a Bill is relevant to more than one committee, 'secondary committees' may consider and report on the general principles of the Bill to the lead committee. Some Bills may also be considered by the Delegated Powers and Law Reform Committee or the Finance and Public Administration Committee.
A Stage 1 debate took place on 18 April 2018 to consider and decide on the general principles of the Bill.
See further details of the motion
The Bill ended Stage 1 on 18 April 2018
At Stage 2, MSPs can propose changes to a Bill. These are called 'amendments'. Any MSP can suggest amendments but only members of the Stage 2 committee can decide on them.
Documents with the amendments considered at this meeting held on 17 May 2018:
Marshalled List of Amendments for Stage 2 (90KB, pdf) posted 15 May 2018
Groupings of Amendments for Stage 2 (107KB, pdf) posted 15 May 2018
A Stage 2 'Marshalled List' is a list of all the amendments that have been lodged at Stage 2 (or, if the Stage is mid-way through, all those still to be dealt with). They are listed in the order in which they will be called by the convener and then decided on.
A 'Groupings' list shows how the amendments that are listed in the Marshalled List have been grouped together for debate. Each group contains amendments that are related to each other, even if they are at different places in the Marshalled List.
Revised Explanatory Notes (182KB, pdf) posted 19 May 2018
Revised Delegated Powers Memorandum (142KB, pdf) posted 19 May 2018
Sometimes an amendment at Stage 2 makes substantial changes to a bill. If this happens, the Accompanying Documents need to be updated to explain what these changes are.
The Bill ended Stage 2 on 17 May 2018
At Stage 3, MSPs can propose further amendments (changes) to the Bill. These are debated and decided on in the Debating Chamber. At this stage, all MSPs can vote on them. There is then a debate on whether to pass the Bill. If the Bill is not passed, it ‘falls’ and can't become law.
There is no Bill as Passed as no amendments were agreed to at Stage 3.
The Historical Sexual Offences (Pardons and Disregards) (Scotland) Bill as Amended at Stage 2 is the final print of the Bill.
Once MSPs have decided on the amendments, they debate whether to pass the Bill.
Result 119 for, 0 against, 0 abstained, 10 did not vote Vote Passed
See further details of the motion
The Bill ended Stage 3 on 6 June 2018
If the Bill is passed, it is normally sent for Royal Assent after about 4 weeks. Royal Assent is when the Bill gets formal agreement by the King and becomes an Act of the Scottish Parliament. Some Acts come into force straight after Royal Assent. Some only come into force on a later date. Sometimes different bits of the same Act come into force on different dates.
The Bill was passed on 6 June 2018 and became an Act on 11 July 2018.
Historical Sexual Offences (Pardons and Disregards) (Scotland) Act 2018