MSPs support Miners' Pardon Bill but suggest extensions
Miners convicted of offences during the 1984-85 strike should be given an automatic pardon to help heal divides in former mining communities, according to Holyrood’s Equalities, Human Rights & Civil Justice Committee.
In its stage 1 report, the committee agrees the general principles of the Scottish Government's Miners' Strike (Pardons) (Scotland) Bill, which provides a blanket pardon to those convicted of certain offences during the strike. Doing so, the report says, would help right the wrongs that many communities suffered during the strike and go some way to providing justice for families affected.
The proposals would pardon those convicted of offences which occurred during the course of a miner’s participation at a picket line, demonstration or similar gathering in supporting the strikes or while travelling to or from a picket line or demonstration. Offences covered are breach of the peace, breach of bail and offences under s 41(1)(a) of the Police (Scotland) Act 1967 (assaulting, obstructing etc of police in the execution of their duty).
While accepting the approach of an automatic pardon (which does not annul the original conviction), and that there is a lack of available records from the time, the MSPs welcome Government proposals to work with the National Union of Mineworkers in order to send a letter or written statement to as many individuals as possible, or their families where they have since died. However this should not delay the passage of the bill.
The report further recommends that the Government revisit who would be entitled to a pardon, as some members of miners' families were also convicted of offences covered by the bill; and that the Government should consider extending a pardon to those arrested as a result of other activities in mining communities, particularly those associated with miners' welfare, as some people were arrested for incidents that occurred away from the picket line.
There is discussion about the offences covered, but the committee was unable to agree whether the proposed list is adequate.
Compensation for sacked miners is beyond the scope of the bill, and the MSPs acknowledge that many of the issues around compensation are reserved to the UK Government; compensation would also move the bill away from its intention of having a symbolic effect. However, they note calls from the Scottish Government for the UK Government to undertake a full public inquiry into the miners’ strike, and believe that the options for compensation should be reconsidered as part of any inquiry.
The committee also wants to see an investigation into how the strike was policed and managed. Such an investigation, the report notes, is long overdue and the most appropriate method would be as part of a full public inquiry by the UK Government.
Committee convener Joe FitzPatrick MSP commented: "The miners’ strike left a lasting psychological and economic impact on communities across Scotland, the effects of which are still felt to this day.
"Having heard first-hand about the stigma and pain experienced by those who took part in the strike, we believe an automatic pardon will go some way to providing justice for families affected.
"The committee recommend that the general principles of the bill are agreed to and we look forward to hearing more from the Scottish Government about what further work it plans to undertake to continue to help rebuild these communities."