Bill to pardon striking miners could create risk of inequality, MSPs told

The new law should be extended to cover miners involved in ‘spontaneous’ protests and not just on the picket line, a Holyrood committee has heard.

Legislation to pardon some of those convicted during the miners’ strike could create a ‘hierarchy of justice’, MSPs have been told (Jane Barlow/PA)

A Bill that will pardon miners convicted of offences during the strike in the 1980s should be extended to cover those involved in “spontaneous demonstrations” in the community and not just those arrested on the picket line, MSPs have been told.

The Scottish Government has introduced legislation at Holyrood that would, if passed, grant an automatic pardon to some of those arrested during the long running industrial dispute.

But as it is currently proposed, this would only apply to offences committed while a miner was taking part in a picket line, demonstration or similar gathering – or while travelling to or from a picket line, demonstration or similar event.

However, MSPs on the Equalities, Human Rights and Civil Justice Committee heard from former miners how some men were arrested following “spontaneous demonstrations” in the community – which could be sparked by striking miners finding out someone had gone back to work.

It seems to me that one of the slight dangers here with the Bill is we are creating a hierarchy of justice

Professor Jim Phillips

Professor Jim Phillips, an expert in economic and social history from the University of Glasgow, said that meant the legislation risked creating a “hierarchy of justice” between those who were deemed “deserving of justice” and those who were “undeserving”.

He told the committee: “Many of these arrests took place in communities, that is one area of the Bill I do have a slight reservation about.

“The Bill makes provision for strikers who have convictions that arose from the events on picket lines, on strike related demonstrations and other related gatherings.

“But it doesn’t make provision for miners who were convicted after incidents in communities.

“I think that is an important deficiency.”

He spoke about the “tensions and conflicts” that developed in mining communities, with strike breakers having to live alongside men who were still involved in the  dispute.

Prof Phillips said: “It wasn’t normal for people to gather outside their neighbours’ houses, it wasn’t normal to break windows, it wasn’t normal to attack people’s cars, it wasn’t normal to have fights in the street outside chip shops. These were the things that happened during the highly abnormal situation.

“It seems to me that one of the slight dangers here with the Bill is we are creating a hierarchy of justice.”

As a result, he said, the Miners’ Strike (Pardons) (Scotland) Bill could divide those classed as being “deserving of justice, who include miners who were arrested on picket lines, and the undeserving of justice, young lads who at the time got into fights with strike breakers in the street”.

Nicky Wilson, the Scottish president of the National Union of Mineworkers, recalled how men were arrested after taking part in “spontaneous demonstrations” in the community.

Mr Wilson, who was part of the strike which lasted from March 1984 to March 1985, told how the then National Coal Board offered “bribes” to striking miners to persuade them to return to work.

He said: “There was a guy in Cumbernauld who went back to his work and they got him a car. The coal board actually supplied the car, allegedly bought him the car, to get to this work.

It is important to remember not everything was organised through official means during the strike and these spontaneous demonstrations within the community, I believe, should be covered as well in the pardon

Nicky Wilson, NUM

“One day a person could be on strike and the next day the coal board could persuade him, because throughout the strikes there was various bribes offered about a bonus at Christmas time, all the holiday pay, all the rest of it.

“So when there was spontaneous demonstrations that is what they were, it was because people found out the guy who was on strike was no longer on strike. Therefore a group had a spontaneous reaction to that and had a demonstration at the house.

“I know some of them did get arrested. It is important to remember not everything was organised through official means during the strike and these spontaneous demonstrations within the community, I believe, should be covered as well in the pardon.”

Former miner Robert Young told the MSPs of the divisions the strike created in communities, saying: “Where I lived, unfortunately, there were two guys who went back to work – I was going to call them another name but I won’t.

“My cats got poisoned, when I phoned the police there was nothing the police could do. My car windows got broken, when I phoned the police the police said they didn’t have anybody they could sent.

“When my front window got broken the police couldn’t send anybody down.

“But at the same time they had policemen sitting outside these two guys’ houses on a 24 hours basis protecting their homes.

“That was the difference between me as a striking miner and these guys that went back to work.”

Tom Wood a former deputy chief constable with Lothian and Borders Police, said the police “had to protect the human right of people to go about their business unmolested”.

Mr Wood, who was a chief inspector at the time of the strike, said: “We had to protect the right of miners who wanted to work to be able to go to work and for these working miners and their families to go about their business unmolested.

“If the same circumstances arose today, frankly, the police would have to do the same job today.”