Is Oscar Wilde about be posthumously pardoned? In a symbolic gesture announced by the government on Thursday, deceased gay and bisexual men convicted of sexual offences that are no longer illegal will have their criminal records wiped.

Announcing the initiative, the Ministry of Justice (MoJ) said that no individuals would be named or singled out – leaving the status of past scandals unresolved.

If the historical homosexual crime is no longer illegal and involved a consensual act with someone over the age of 16, then those convicted will be deemed to have received a posthumous pardon.



The complexity of the evidence that led to Wilde’s conviction in 1895 for gross indecency – including evidence of procuring male prostitutes – would make it difficult to assess. The gay rights organisation Stonewall suggested that the playwright and author, who was sentenced to two years hard labour in Reading jail, should now be entitled to a pardon.



The justice minister, Sam Gyimah, said that a clause would be introduced into the policing and crime bill. “It is hugely important that we pardon people convicted of historical sexual offences who would be innocent of any crime today,” he said. “Through pardons and the existing disregard process we will meet our manifesto commitment to put right these wrongs.”



The disregard process is already open to those who are alive and wish to remove from their criminal record any past sexual offences that are no longer illegal. They will be entitled to a statutory pardon under the new legislation.

In 2013 Alan Turing, the gay mathematician who broke the German Enigma codes, was posthumously pardoned by the Queen. He killed himself by taking cyanide in 1954, at the age of 41, following his conviction for gross indecency.

The MoJ said it would partially follow Lord Sharkey’s amendment to the Protection of Freedoms Act 2012 although it would grant a blanket pardon for those who have died and not investigate individual historical cases.

Sharkey said: “This is a momentous day for thousands of families up and down the UK who have been campaigning on this issue for decades. I am very grateful for the government’s support and the support of many of my colleagues in parliament.”

The government has declined to support a private members’ bill on the subject, brought forward by an SNP MP, John Nicolson, which is due to be debated in parliament later this week.



Ministers said they fear that bill would allow some people to claim they have been cleared of offences that are still crimes – including sex with a minor and non-consensual sexual activity.

Gyimah said: “I understand and support the intentions behind Mr Nicolson’s bill, however I worry that he has not fully thought through the consequences. A blanket pardon, without the detailed investigations carried out by the Home Office under the disregard process, could see people guilty of an offence which is still a crime today claiming to be pardoned.”



The MoJ said there would be no historical limit in relation to past offences. It declined to say whether Wilde would be among those deemed posthumously pardoned.

Nicolson, the former BBC newsreader and front bench SNP culture spokesman, told the Guardian that the former justice secretary Michael Gove had promised him government support for his private member’s bill. His would only backdate pardons to 1919. “I hope that the government will sit and read my bill carefully,” he said. “Mine would also be a blanket pardon. A lot of those people [who are alive] are very old and would not want their names listed.”

Paul Twocock, director of campaigns at Stonewall, said: “We welcome the government announcement to issue a posthumous pardon to all gay and bi men unjustly prosecuted for being who they are, but we don’t think it goes far enough. John Nicolson MP’s proposed bill closes a loophole that means some gay and bi men who are still alive and living with those convictions still can’t have them deleted, despite them being unjust and not illegal today. We urge the government to look at bringing this into their proposal.

“We also don’t agree with the government’s interpretation of John Nicolson MP’s bill – it explicitly excludes pardoning anyone convicted of offences that would still be illegal today, including non-consensual sex and sex with someone under 16.”





