SOLICITORS have warned that “ambiguous language” of SNP Government plans to reprieve those who took part in the miners’ strike could leader to people “mistakenly believe that they have been pardoned”.
SNP ministers have published draft legislation to provide an automatic pardon for miners who were taking part in strike action and convicted of certain offences including breach of the peace which occurred during the miners’ strike between March 1984 and March 1985.
Criteria for a pardon to be awarded included those involved having no previous convictions or subsequent conviction and having their case disposed by way of a fine.
But ahead of an appearance by Justice Secretary Keith Brown in front of Holyrood’s Equalities, Human Rights and Civil Justice Committee today, the Law Society of Scotland has warned against the legislation as it stands.
READ MORE: Consultation finds overwhelming support for miners' strike pardons
In a submission to MSPs, the organisation has welcomed “the clarification in the bill which sets out the relevant dates and offences which will secure a pardon”.
But it has pointed to section one of proposed legislation that stresses that the pardon will apply if the offence took place while the miner was travelled to or from a picket demonstration “or other similar gathering”, labelling it “vague”.
Law Society Scotland has told MSPs that “ambiguous language and phraseology undermines the purpose” of the legislation and “could possibly lead miner and/or their families to mistakenly believe that they have been pardoned”.
The submission adds: “We note that an estimated total of 1,350 miners were arrested for public disorder offences in Scotland relating to the miners’ strikes. This led to approximately 470 court cases with a conviction rate of 85%.
“It is however noted that no robust historical information exists to provide an accurate figure of former miners who are likely to be eligible for a pardon.”
The Law Society of Scotland has also raised concerns over section three of the bill, which stresses that the pardon “is not intended to quash any convictions, nor create any new rights, liabilities or entitlements”.
READ MORE: Nicola Sturgeon: 'Unanswered questions' over UK Government role in miners' strike
The organisation said: “Given that pardons are ordinarily issued in order to relieve a person of some or all the legal consequences arising from a criminal conviction, which includes any impact on employment, travel, education, housing, jury service, insurance, adoption or public service; we would welcome clarity on the impact that a pardon would have on those affected several decades on.”
Mr Brown said the proposed legislation “will go some way to aid reconciliation – and to help heal wounds within Scotland’s mining communities”.
He added: “A collective pardon will restore dignity to those convicted, provide comfort to their families and, I hope, will bring closure to the sense of injustice members of mining communities may feel.
“I am determined to make swift progress on this matter, given the passage of time since 1984-85, which is why we have acted quickly to bring forward and publish this landmark new bill.”
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