The Scottish Secretary has started the Parliamentary process to allow the Scottish Government to fully enact legislation to pardon miners prosecuted in Scotland
Scottish Secretary Ian Murray has laid an Order under Section 104 of the Scotland Act to allow the Scottish Government to fully enact Scottish Parliament legislation to pardon individuals who were prosecuted during the 1984-85 miners’ strike.
The Miner’s Strikes (Pardons) (Scotland) Act 2022 automatically pardons people convicted in Scotland of breach of the peace, breach of bail conditions, or obstructing the police while taking part in strike action. It took effect from 27 July 2022.
At the request of the Scottish Government, this Scotland Act Order would add Section 7 of the Conspiracy and Protection of Property Act 1875 (now repealed) to the pardoning criteria. The Scottish Government estimates that this would pardon up to 16 additional individuals. The Scottish Government was unable to include this offence in the 2022 Act as it falls outside the legislative competence of the Scottish Parliament.
Ian Murray said:
We have reset our relationship with the Scottish Government, and this is another example of what can be done when we work together. By enabling this Scottish Parliament legislation, we are continuing to ensure the devolution settlement works as intended, in the interests of people across Scotland.
The Order ensures that relevant and equivalent offences are brought into scope of the Scottish legislation.
Scotland Act Orders are a mechanism designed to account for devolved policies in reserved law, to ensure Scottish Government legislation is able to operate and help maintain the devolution settlement.
The UK Government may take forward a Scotland Act Order, but it is not an endorsement of a particular Scottish Government policy. In this case, there are currently no plans for the UK Government to extend pardons to miners in England and Wales.
