The Bill provides a pardon for miners who were convicted of certain offences relating to the 1984-1985 miners’ strike where the conditions of the pardon are met.
This is a Government bill
The Bill became an Act on 26 July 2022
This Bill was passed and is now an Act of the Scottish Parliament.
The Bill provides a pardon for miners who were convicted of certain offences relating to the 1984-1985 miners’ strike where the conditions of the pardon are met.
The offences are:
The offence must have been committed while the miner was taking part in a picket line, demonstration or similar gathering in support of the strike - or while travelling to or from a picket line, demonstration or similar gathering.
If the Bill is enacted, a pardon will apply automatically. Miners will not need to apply for a pardon.
In 2018 the Scottish Government launched an independent review of the policing of the miners' strike, 1984-1985. The review specifically looked at the impact the policing had had on communities.
The independent review's final report was published in 2020. The report recommended that the Scottish Government should pardon people convicted of certain offences related to the strike. This Bill takes forward that recommendation.
The Scottish Government has outlined that it has a vision for a just, safe and resilient Scotland. The Government has said it has created this Bill to help it achieve that vision.
Miners’ Strike (Pardons) (Scotland) Bill as introduced (167KB, pdf) posted 27 October 2021
Explanatory Notes (169KB, pdf) posted 27 October 2021
Policy Memorandum (230KB, pdf) posted 28 October 2021
Financial Memorandum (103KB, pdf) posted 27 October 2021
Statements on legislative competence (94KB, pdf) posted 27 October 2021
Explanatory Notes (169KB, pdf) posted 27 October 2021
Policy Memorandum (297KB, pdf) posted 28 October 2021
Financial Memorandum (188KB, pdf) posted 27 October 2021
Statements on legislative competence (180KB, pdf) posted 27 October 2021
All Bills introduced in the Parliament must be accompanied by specific documents. For most Bills, this includes:
Explanatory Notes: this document provides an overview of what the Bill does, plus a more detailed explanation of individual provisions.
Policy Memorandum: this sets out the objectives of the Bill. It also lists any alternatives considered, details of consultations, and an assessment of the effects of the Bill on a range of areas.
Financial Memorandum: this sets out estimates of costs, savings, and any changes to revenues expected to result from the Bill.
Delegated Powers Memorandum: this is needed if a Bill gives powers to make subordinate legislation or allows Scottish Ministers to issue directions, guidance or codes of practice.
Statements on legislative competence: two short statements, one by the Presiding Officer and one by the Member introducing the Bill. “Legislative competence” means the powers the Parliament has to make law.
The Presiding Officer has decided under Rule 9.12 of Standing Orders that a financial resolution is not required for this Bill.
For each Bill, the Presiding Officer must decide if a 'Financial Resolution' is required. The main reasons a Bill would need a Financial Resolution are that:
If a Bill requires a Financial Resolution:
The Scottish Parliament's Information Centre (SPICe) prepares impartial research and analysis to assist MSPs in their examination of Bills and other parliamentary business.
Research briefing on the Miners' Strike (Pardons) (Scotland) Bill
The Bill was introduced on 27 October 2021
At Stage 1, the Bill is given to a lead committee. This is usually the committee whose remit most closely relates to the subject of the Bill. The lead committee will consider and report on the Bill. Other committees may also examine the Bill and report to the lead committee. Finally, there is a debate and vote by all MSPs on the general principles of the Bill. If the general principles are not agreed to, then the Bill ‘falls’ and can’t become law.
The lead committee for this Bill is the Equalities, Human Rights and Civil Justice Committee.
The lead committee will usually examine the Bill through evidence sessions. This will involve contributions from individuals and organisations, known as 'witnesses', with knowledge of the subject matter. The committee might also discuss the Bill in private sessions.
The lead Committee held a call for views to help inform its examination of the Bill.
The Committee heard from individuals with lived experiences of the 1984-85 miners' strikes.
The lead committee published its report on 18 March 2022.
Stage 1 report on the Miners' Strike (Pardons) (Scotland) Bill
The Committee received the following responses to its report
Letter from the Cabinet Secretary for Justice and Veterans (336KB, pdf) posted 28 March 2022
If a Bill is relevant to more than one committee, 'secondary committees' may consider and report on the general principles of the Bill to the lead committee. Some Bills may also be considered by the Delegated Powers and Law Reform Committee or the Finance and Public Administration Committee.
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The Bill ended Stage 1 on 31 March 2022
At Stage 2, MSPs can propose changes to a Bill. These are called 'amendments'. Any MSP can suggest amendments but only members of the Stage 2 committee can decide on them.
Documents with the amendments considered at meeting on 10 May 2022.
Marshalled list of amendments at Stage 2 (293KB, pdf) posted 05 May 2022
Groupings of amendments at Stage 2 (320KB, pdf) posted 05 May 2022
A Stage 2 'Marshalled List' is a list of all the amendments that have been lodged at Stage 2 (or, if the Stage is mid-way through, all those still to be dealt with). They are listed in the order in which they will be called by the convener and then decided on.
A 'Groupings' list shows how the amendments that are listed in the Marshalled List have been grouped together for debate. Each group contains amendments that are related to each other, even if they are at different places in the Marshalled List.
Miners’ Strike (Pardons) (Scotland) Bill as amended at Stage 2 (323KB, pdf) posted 10 May 2022
Revised Explanatory Notes (125KB, pdf) posted 09 June 2022
Revised Explanatory Notes (176KB, pdf) posted 09 June 2022
Sometimes an amendment at Stage 2 makes substantial changes to a bill. If this happens, the Accompanying Documents need to be updated to explain what these changes are.
The Bill ended Stage 2 on 10 May 2022
At Stage 3, MSPs can propose further amendments (changes) to the Bill. These are debated and decided on in the Debating Chamber. At this stage, all MSPs can vote on them. There is then a debate on whether to pass the Bill. If the Bill is not passed, it ‘falls’ and can't become law.
Documents with the amendments considered at the meeting held on 16 June 2022.
Marshalled List of amendments for Stage 3 (164KB, pdf) posted 10 June 2022
Groupings of amendments Stage 3 (178KB, pdf) posted 10 June 2022
A Stage 3 'Marshalled List' is a list of all the amendments that have been proposed at Stage 3 and that have been selected by the Presiding Officer. They are listed in the order in which they will be called by the Presiding Officer and then decided on.
A 'Groupings' list shows how the amendments that are listed in the Marshalled List have been grouped together for debate. Each group contains amendments that are related to each other, even if they are at different places in the Marshalled List.
Miners' Strike (Pardons) (Scotland) Bill as passed (260KB, pdf) posted 16 June 2022
Result 117 for, 0 against, 0 abstained, 12 did not vote Vote Passed
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The Bill ended Stage 3 on 16 June 2022
The Bill was passed on 16 June 2022 and became an Act on 26 July 2022.