Policing during miners' strike: independent review

Overview

The Miners’ Strike 1984 to 1985 ('the Strike') was one of the most bitter and divisive industrial disputes in living memory.

In 2018, we commissioned an independent review into the impact of policing on affected communities during the Strike. The review was led by John Scott QC, and its remit was to investigate and report on the impact of policing on affected communities in Scotland during the period of the miners' strike from March 1984 to March 1985. The purpose of the review was to provide an opportunity to those who were affected by the Strike to share their experiences, as a means to aid understanding and reconciliation - and to help heal wounds.

With that purpose in mind - and drawing on the powerful testimonies provided by former miners, police officers and mining communities - the review group produced a report which made a single recommendation, that subject to establishing suitable criteria, the Scottish Government should introduce legislation to pardon miners convicted for certain matters related to the Strike. 

We recognised that this would be a collective pardon, which would apply posthumously and to those living, symbolising a desire for truth and reconciliation, following the decades of hurt and anger and misconceptions. The pardon would also bring a restoration of dignity to a number of miners, their families and their communities. 

In October 2020, we accepted in principle the recommendation made by the independent review panel, that subject to establishing suitable criteria, we should introduce legislation to pardon miners convicted for matters related to the strike.  We also undertook to consult widely on what the criteria should be.

We consulted on a series of questions relating to the qualifying criteria for pardoning Miners convicted of certain offences relating to the Miners' Strike of 1984-85 between March and June 2021. The findings from the consultative response indicated that there was broad support for the pardon and that the only relevant qualifying criteria should be the range of offences to be covered. A report was published in August 2021 which presents the findings from the analysis of consultation responses.

A Miners’ Strike Pardons Bill was announced in September 2021 as part of the Scottish Government's 2021-22 legislative programme.

The findings of the consultative response alongside other available evidence were used to inform the preparation of the Miners’ Strike (Pardons) (Scotland) Bill which was considered and passed by the Scottish Parliament in 2022. Find out more about the Bill.

The Miners' Strike (Pardons) (Scotland) Act 2022 took effect from 27 July 2022 and provides a collective and automatic pardon to former miners, household members of a miner, parents, siblings and children of a miner who were convicted for a breach of the peace, breaching bail conditions, and an offence under section 41(1)(a) of the Police (Scotland) Act 1967 such as police obstruction.

Anyone who believes that they have suffered a miscarriage of justice should contact the Scottish Criminal Cases Review Commission.

Members

John Scott, Review Lead

John has been solicitor since 1987 specialising in criminal cases, was appointed QC Solicitor Advocate in 2011 and is a Partner in Capital Defence Lawyers.

He has been involved in some of the most high profile High Court trials and appeal cases in Scotland, and has also appeared on several occasions as senior counsel before the Supreme Court.

John was a member of reference groups for Lord Coulsfield's review of the law and practice of disclosure in criminal proceedings in Scotland 2007, Sheriff Principal Bowen's review of sheriff and jury procedures in 2009/10 and Lord Carloway's review of criminal law and practice in 2011.

Subsequently, John has led independent advisory groups in reviews of Stop & Search (2015) and Biometric Data (2017).

John was chair of JUSTICE Scotland during 2014/2015 and chair of the Scottish Human Rights Centre from 1997 to 2005. He has been Convenor of the Howard League for Penal Reform in Scotland since 2006.

An Advisory Panel will provide assistance to the Review Lead:

Dennis Canavan, Advisory Panel Member

Dennis is a former MP and MSP. Born in Cowdenbeath, he was educated there at St. Bride's and St. Columba's Schools, and then at the University of Edinburgh.

He worked as a schoolteacher from 1968 until 1974 and was Assistant Head of Holyrood High School, Edinburgh, at the time of his first election to Westminster. He was an MP for over a quarter of a century (1974 to 2000), representing West Stirlingshire and then Falkirk West, initially for the Labour Party and latterly as an independent.

Having been an active supporter of devolution, Dennis was elected in the 1999 election to represent the Falkirk West constituency in the Scottish Parliament, which he continued to do until his retirement in 2007. In 2014 he chaired the Advisory Board of Yes Scotland.

Jim Murdoch, Advisory Panel Member

Jim is Professor of Public Law at Glasgow University. He joined the School of Law in 1979 after qualifying as a solicitor. He read law as an undergraduate at Glasgow and has an LLM from the University of California at Berkeley. He was Head of the School of Law between 1996 and 2000.

He has taught at several European universities and was a professeur stagiaire with the Directorate of Human Rights of the Council of Europe in France.

In recognition of his work in human rights education and in particular, the Human Rights Project, in 2012 Jim was awarded the Pro Merito medal of the Council of Europe (the highest distinction granted by the Secretary General in recognition of commitment to the Council of Europe's values and work). In 2018 he was awarded an CBE in the Queen's Birthday Honours.

Kate Thomson, Advisory Panel Member

Kate is a former Assistant Chief Constable with Police Scotland. She was born, raised, went to school and spent a large part of her working life in Dumfries and Galloway.

During her 32 years' service as a police officer, she worked with a number of multi-agency partnerships at front line, supervisory and also senior management levels. Latterly, she had strategic responsibility for the delivery of policing across nine local authorities in the East of Scotland ensuring that key policing services were delivered in accordance with local needs and agreed community plans.

She was instrumental in developing a more collaborative approach to the development local policing plans. Kate graduated from Stirling University with an MSc in Strategic Leadership in 2011; she was awarded the Queens Police Medal in the 2016 New Year's Honours List.

Background

The 1984 to 1985 miners' strike is widely regarded as having been one of the UK's most significant industrial actions of the post-war era, with the policing of the dispute – especially at certain flashpoints – having been an aspect of particular concern. The consequences of the dispute, including its policing, have been long-lasting.

In 2016 the UK Government considered the case for establishing an Inquiry or independent review into the events that occurred in June 1984 at one of the strike's main flashpoints, Orgreave Coking Plant in South Yorkshire. In October 2016, however the then Home Secretary, Amber Rudd MP, announced that there was not sufficient basis to instigate either a statutory inquiry or an independent review.

In November 2016 the Cabinet Secretary for Justice Michael Matheson wrote to Ms Rudd to convey the Scottish Government's view that the UK Government should commission and appoint an independent UK-wide investigation into any political interference during the dispute.

In September 2017 Mr Matheson confirmed, in answer to a Parliamentary Question, that the Scottish Government was actively considering a way forward as regards commissioning an inquiry into issues around the policing of the 1984-85 miners' strike in Scotland.

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