MINERS arrested in Scotland during the 1984-85 strike have been pardoned after MSPs from all parties backed landmark legislation in Holyrood yesterday.
However, there was no agreement on compensation.
Instead, the Scottish Government said it was the responsibility of ministers in Westminster to reimburse the men who never received redundancy pay after being sacked by the coal board.
Under the new legislation, miners convicted of breach of the peace, breach of bail conditions, or obstructing the police while taking part in strike action will be pardoned.
The law will also cover the close family members of striking miners, as well as supporters affected by arrest and prosecution.
Miners will not need to apply for a pardon as it will apply automatically.
However, it will not quash their conviction.
In Scotland, there were roughly 14,000 strikers, and by the mid-1980s approximately 1,400 had been arrested, with over 500 convicted.
Approximately 206, or 1.5 per cent of the total number of striking miners were dismissed.
In Scotland, approximately 206, or 1.5% of the total number of striking miners, were dismissed. In England and Wales, the figures were 0.61%.
With fewer than 10% of British miners, and around 10% of convictions for offences related to the strike across the UK, Scotland has had more than 30% of the dismissals.
It’s not clear why proportionately more of those on strike in Scotland suffered arrest and dismissal than elsewhere. A recent report into the strike by QC John Scott, commissioned by the Scottish Government, described it as an “unanswered question”.
Speaking after MSPs passed the legislation, Mr Brown said it was now time for the UK Government to take action.
“The miners’ strike was one of the most bitter and divisive industrial disputes in living memory. This landmark moment will go some way to aid reconciliation – and to help heal wounds within Scotland’s mining communities.
“This groundbreaking legislation will restore dignity to those convicted, provide comfort to their families and, I hope, bring some closure to the sense of injustice members of mining communities may continue to feel.
“I very much sympathise with miners who lost out on redundancy payments and pension rights as a result of being sacked by the National Coal Board after being arrested or convicted for actions while participating in the strike.
“By securing this pardon, we have done what we can within our powers to restore dignity to individuals who meet the qualifying criteria and their families.
“It is now right that the UK Government recognises the passing of this historic legislation and gives further consideration to a UK-wide public inquiry and the payment of compensation to former miners.
"I have written to the Home Secretary this week urging her to reconsider her position given the strong support for this landmark Bill.”
Nicky Wilson, President of the National Union of Mineworkers (Scotland), welcomed the legislation: “It removes the stigma of a criminal record given to miners who were striking to save their industry, jobs and communities which led to their convictions and sacking in some cases.”
Mr Leonard said the pardons were “long overdue”.
He said: “It is gravely disappointing that the SNP/Green government refused to back the miners’ request for compensation.
"And it defies belief that they expect families to now put their faith in Boris Johnson, who the SNP rightly say is ‘corrupt’ and ‘a liar’.
“We will continue to do everything we can to get the full justice, and financial redress, for these miners who were treated so brutally by Margaret Thatcher’s Tory government and by the Scottish criminal justice system.”
Former Scottish Labour MSP Neil Findlay, who led the campaign for a pardon praised Holyrood for passing the law.
He said: “Ten years ago we launched the campaign for justice for Scottish miners arrested during the strike.
“With the outstanding support and determined campaigning by former miners, the NUM, Thompsons solicitors and supportive parliamentarians, we have together delivered this outstanding victory.
“Whilst it is disappointing that the Scottish Government rejected a compensation scheme for those affected, the state has now recognised these men were the victims of a grave injustice. We now need a UK-wide public inquiry.
“But today is a great day and everyone involved should be proud of the part they played.”
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