Miners' strike 1984 to 1985 pardon: consultation

Annex A Partial Equalities Impact Assessment (EQIA) results summary

Title of Policy

Miners' Strike 1984/85 Pardons: Consultation

Summary of aims and desired outcomes of Policy

The Scottish Government is consulting on proposals for the qualifying criteria for a pardon in respect of certain convictions relating to the miners' strike of 1984/85. The consultation sets out some criteria for consideration, and also asks whether any other criteria should be added.

The Scottish Government envisages that an automatic and collective pardon will apply where the qualifying criteria are met. That is why it is important that careful consideration is given to the qualifying criteria, and why we are consulting on this.

Legislation will be required to give effect to the pardon. Responses to this consultation will help to shape the qualifying criteria which will be an important part of the future legislation.

Directorate: Division: Team

Safer Communities Directorate
Police Division
Police Powers and Workforce Unit

Executive Summary

In 2018, the Scottish Government commissioned an independent review into the impact of policing on affected communities during the miners' strike 1984/85. The Strike was one of the most bitter and divisive industrial disputes in living memory. 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.

1. With that purpose in mind - and drawing on the powerful testimonies provided by former miners, police officers and mining communities - the independent review group produced a report^[8] 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.

2. In October 2020, the Cabinet Secretary for Justice announced^[9] that the Scottish Government accepted in principle the recommendation made by the independent review group, that subject to establishing suitable criteria, the Scottish Government should introduce legislation to pardon miners convicted for matters related to the strike. The Cabinet Secretary also undertook to consult widely on what the qualifying criteria should be.

3. A consultation is likely to launch in March 2021. This Partial EQIA will be revisited in light of the consultative response, with a further final EQIA being prepared which will take account of any additional views and wider evidence which may emerge.

4. Once the policy is developed further in light of the consultative response, a Bill will be prepared to give effect to the pardon.

Background

5. The 1984/85 miners' strike was a bitter and divisive dispute. In commissioning an independent review into the policing of the Strike, the Scottish Government aimed to provide an opportunity to share experiences of the Strike, as a way of bringing reconciliation between police officers who were upholding the law in difficult circumstances which they had never encountered before - and miners who were protecting jobs, their way of life and their communities. The expectation in commissioning the review was that the process and outcome would help to bring a degree of closure to those affected by the Strike.

6. In adopting a truth and reconciliation approach, the report made a single recommendation, that "subject to establishing suitable criteria, the Scottish Government should introduce legislation to pardon men convicted for matters related to the Strike".

7. In accepting that recommendation, the Scottish Government intends to consider carefully the criteria that might apply to such pardons - so that it has a rationale which is well-thought through and informed by the views of stakeholders.

8. The Scottish Government 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.

9. The Scottish Government is now consulting on proposals for the qualifying criteria for a pardon in respect of convictions relating to the miners' strike of 1984/85. The consultation sets out some criteria for consideration, and also asks whether any other criteria should be added.

The Scope of the EQIA

10. The proposals seek to set a qualifying criteria for a pardon in respect of convictions relating to the Miner's Strike of 1984/85. The scope of the EQIA is to assess and highlight the direct and indirect impact of such proposals on persons who fall within the terms of the protected characteristic groups (Age, Disability, Sex, Pregnancy and Maternity, Gender Re-Assignment, Sexual Orientation, Race, Religion or Belief and Marriage or Civil Partnership) as identified in the Equality Act 2010^[10].

Key Findings

11. In accepting the recommendation, the Scottish Government noted that the pardon is intended to acknowledge the disproportionate impact arising from miners being prosecuted and convicted during the Strike - such as the loss of their job.

The pardon is also intended to recognise the exceptional circumstances that gave rise to the former miners suffering hardship and the loss of their good name through their participation in the Strike.

12. The policy proposal is that such pardons are intended to symbolically lift the burden of such convictions but does not affect any conviction or sentence or give rise to any right, entitlement or liability. The intention of the consultation proposals is to balance the need to address such matters with the wider legal, ethical and human rights considerations for how such pardons should be applied.

13. It has been difficult to construct a comprehensive and accurate evidence base in relation to the miners' strike of 1984/85. The Independent review report stated that in 1984 there were approximately 15,000 Scottish miners^[11]. Over the course of the Strike (March 1984 to March 1985), there were an estimated 1,350 arrests in Scotland linked to the Strike^[12]. There were approximately 470 court cases held in Scotland, of which 85% led to a conviction^[13]. Evidence suggests that there were around 200 dismissals in Scotland - with an estimated 40% of those who were dismissed being reinstated^[14]. Therefore, it is not known exactly how many miners were arrested for offences directly connected to the Strike. The number of ex-miners who may be eligible for a pardon is similarly difficult to predict, particularly when this also depends on the qualifying criteria which have not yet been determined.

14. No specific information was mentioned as to the impact on protected characteristic groups in the independent review report, though it did note that the average age of miners employed by the National Coal Board in 1984 was 37 years. Given that the strike took place 36 years ago, it would however be reasonable to infer that the miners likely to be affected by the consultation's proposals will be aged 50+ years, and that most if not all are male. Other than the likely age and gender of miners, there is no specific baseline evidence (quantitative or qualitative) currently held on the number of miners who would fall within any of the other protected characteristic groups likely to be impacted by the policy proposals.

15. The proposals may potentially have an indirect impact on others who were also involved in the strike, such as miners who were not convicted of offences; former and serving police officers; and members of the wider mining communities including family and friends of those convicted.

16. Ensuring that there are no negative equalities impacts from this policy is therefore a key part of the Scottish Government's development of its policy proposals. Consideration of the potential impacts (negative and positive) that this policy might have on each of the protected characteristics is being given at the outset of developing such proposals for consultation and through the next steps to be taken by the Scottish Government post-consultation.

17. Given that the Strike took place more than 35 years ago, there is an expectation that a number of ex-miners who may be eligible for a pardon (subject to any eligibility criteria being determined) will now be of retirement age. The policy is therefore most likely to have an impact on the protected characteristic of Age, given that:

• It may help to eliminate unlawful discrimination, harassment and victimisation of ex Miners, former police officers and members of the wider mining communities.
• It may help to promote good relations and a greater understanding of experiences of the strike among and between different age groups.
• A pardon may bring comfort to the families and friends of ex Miners and their communities at a multi-generational level.

Recommendations and Conclusions

18. The policy will contribute to the national outcome that "we live in communities that are inclusive, empowered, resilient and safe and that we respect, protect and fulfil human rights and live free from discrimination".

19. There are no negative consequences identified to date through a Partial EQIA of this policy, and in terms of the protected characteristic groups identified in the Equality Act 2010, the policy is expected to advance equality of opportunity specifically on the grounds of age.

20. This Partial EQIA will be revisited in light of any responses to the public consultation, with a further final EQIA being prepared which will take account of any additional views and wider evidence which may emerge.

Scottish Government
March 2021