Written question asked by Harry Cohen (Labour) on Monday, 15 March 2010, in the House of Commons. It was due for an answer on Wednesday, 17 March 2010. It was answered by Claire Ward (Labour) on Tuesday, 23 March 2010 on behalf of the Ministry of Justice.

Vetting: Charities

Question: To ask the Secretary of State for Justice whether individuals with a past conviction for an offence of buggery are required to declare the conviction when applying to work with a charity involved with vulnerable people after the offence is (a) spent and (b) deleted; and if he will make a statement.

Answer: The law currently requires individuals to declare all spent convictions where they are applying to work with vulnerable people as this is an area of activity falling within the Exceptions Order to the Rehabilitation of Offenders Act 1974. This obligation applies even if the conviction has been deleted from the Police National Computer. We are aware that a conviction for buggery, before aspects of the offence were decriminalised, may relate to consensual homosexual conduct between adults. Therefore, it is our intention to bring forward an amendment to the Exceptions Order so that an individual does not have to disclose a conviction for buggery where this was for behaviour which has subsequently been decriminalised. However, elements of the offence of buggery under the Sexual Offences Act 1956 remain criminal today; therefore the amendment will not affect the obligation to declare a conviction for buggery where the behaviour which attracted the conviction would still be a criminal offence.

Secondary information