Miners' Strike (Pardons) (Scotland) Bill: business and regulatory impact assessment

Consultation

Public Consultation

The report of the IRG reflected the significant amount of evidence that the group considered – including UK Government Cabinet papers and files, and various academic papers and past reports on the strike. The report also drew heavily from the powerful testimonies heard during the review's stakeholder events, as well as the written submissions received as part of its call for evidence.

A full Scottish Government public consultation on the proposals for pardons and setting the eligibility criteria ran from 12 March to 4 June 2021. The consultation contained fourteen questions that were based on the recommendations of the IRG.

The consultation received 377 responses. including 59 campaign responses. Of the substantive responses (i.e. non-campaign responses) received, 294 were submitted by individuals and 13 by organisations or groups. An Analysis report of the consultation responses was published in August 2021 {Miners' strike 1984/85 pardon consultation: analysis of responses - gov.scot (www.gov.scot)}

The majority of respondees favoured the only qualifying criteria to be the range of offences - being Breach of the Peace; Breach of Bail; and the offence under section 41(1)(a) of the Police (Scotland) Act 1967 (commonly known as Obstruction). Having discussed the consultative response further with key stakeholders, the Bill proposes that the pardon be issued to miners who were convicted in Scotland of any or all three offences while travelling to / from, or participating in, a picket line, demonstration or similar activity which was in support of the Strike.

Business

The policy intention underpinning the proposals is that there would be no need for individuals to apply for a personal pardon. The pardon is intended to be collective and would be automatic if the individual believed that their circumstances met the qualifying criteria. There is no requirement to provide documentary proof to be pardoned. Although the legislation may trigger an interest in past conviction data, the ability to request this information already exists and therefore the Bill does not create a new burden or entitlement in that regard. The proposals are therefore not expected to have a significant impact on businesses. Our discussions with the relevant record holders (Police Scotland; the Scottish Courts & Tribunal Service; and the National Records for Scotland) are summarised below for completeness.

Police Scotland

Due to the application of the 20/40 and 30/70 retention rules, Police Scotland will now only hold data in their Criminal History System on convicted persons who were given a custodial sentence in excess of 5 years (which would indicate a very serious offence). Information can be requested free of charge via a Subject Access Request by an individual or someone acting in a legal capacity for them. Anecdotal evidence suggests that few if any custodial sentences were given in Scotland in respect of activity related to the Strike.

Scottish Court & Tribunal Service (SCTS)

SCTS have advised that conviction information - even where it is available and can be traced - will be limited and is not expected to confirm either the circumstances that gave rise to the offence, or that the offence was connected to the Strike.

Costs associated with searching, retrieving and considering wider issues such as data protection, are expected to be around £23 per enquiry.

National Records of Scotland (NRS)

NRS hold summary information for sheriff court records in Criminal and Quasi-criminal roll books which are likely to hold the date, name of accused, running

number, charge, plea, result (admonished or guilty) and sentence. For unindexed sheriff court cases this would involve a search of roll books and or indictments. The estimated cost of this would be up to £100 per enquiry. If a result is confirmed then it will also involve correspondence with the data controller (SCTS) to allow access to the information. For requests by the data subject , NRS would refer them to the SCTS as data controller. It should be noted that NRS have not received any requests for proof of conviction in relation to Historical Sexual Offences (Pardons and Disregards) (Scotland) Act 2018. which had provided for a pardon in respect of past convictions.