Support found for wide ranging miners' strike pardon

The proposed pardon for miners convicted of offences during the 1984-85 national strike should be implemented, and be as inclusive as possible, according to the results of a Scottish Government consultation.

The consultation followed proposals in a report by solicitor advocate John Scott QC, who carried out a review into the impact of policing on communities affected by the strike. He recommended that subject to establishing suitable criteria, the Scottish Government should introduce legislation to pardon those convicted of certain offences related to the strike. Ministers then consulted on what these criteria should be.

Newly published analysis of the responses shows a large majority of respondents in favour of the proposals to pardon all miners who had been convicted of offences relating to the strike. Respondents generally supported a pardon for breach of the peace and breach of bail convictions, and they thought that miners convicted of multiple offences (as well as a single offence) should equally be pardoned. They further believed that the issue of whether a strike-related conviction resulted in a custodial or non-custodial sentence was irrelevant in relation to eligibility for a pardon – as was the issue of whether or not the conviction(s) had resulted in dismissal.

There was greater disagreement and uncertainty about whether offences other than breach of the peace or breach of bail should be covered by the pardon, or whether a history of pre-strike or post-strike convictions should be a disqualification. However, some respondents appear to have misunderstood what certain questions in the consultation were asking, and this may have affected their answers.

A relatively small proportion of respondents were opposed to the idea of a pardon in principle, or favoured more restrictive criteria for the pardon, as to go further would undermine the rule of law. Alternatively, they favoured decisions being taken on a case-by-case basis, or that miners should be required to formally appeal their convictions.

Ministers have accepted Mr Scott's recommendation in principle and legislation can be expected during the current Parliament.