Post Office (Horizon System) Offences Bill
(Limited Text - Ministerial Extracts only)
Read Full debateWednesday 20th March 2024
(1 month, 2 weeks ago)
Commons ChamberPost Office (Horizon System) Offences Bill 2023-24 Read Hansard Text Watch Debate
This text is a record of ministerial contributions to a debate held as part of the Post Office (Horizon System) Offences Bill 2023-24 passage through Parliament.
In 1993, the House of Lords Pepper vs. Hart decision provided that statements made by Government Ministers may be taken as illustrative of legislative intent as to the interpretation of law.
This extract highlights statements made by Government Ministers along with contextual remarks by other members. The full debate can be read here
This information is provided by Parallel Parliament and does not comprise part of the offical record
The Secretary of State for Business and Trade (Kemi Badenoch)
I beg to move, That the Bill be now read a Second time.
I am pleased to present the Bill for its Second Reading. It will quash the convictions of those affected by the Post Office Horizon scandal in England and Wales—one of the greatest miscarriages of justice in our nation’s history. The legislation will clear the names of sub-postmasters whose lives were ruined because of the Horizon scandal: those wrongly convicted of or cautioned for offences of false accounting, theft and fraud, all because of a faulty IT system that the Post Office had implemented.
Instead of listening to whistleblowers such as Alan Bates when they raised concerns, the Post Office viciously pursued them for the shortfalls. Some were suspended or dismissed; hundreds were prosecuted, convicted and imprisoned; others were harried as thieves by their local communities. Several were driven to suicide. The Government cannot turn back the clock or undo the damage that has been done, but we will seek to right the wrongs of the past as best we can by restoring people’s good names and ensuring that those who have been subject to this tragic miscarriage of justice receive fair and full redress. The Bill represents a crucial step in delivering that.
Ian Paisley (North Antrim) (DUP)
The whole House appreciates the efforts that the Government are making to rectify this problem at last, but I appeal to them to listen to the cross-party representations made from both sides in this House and all sides in Northern Ireland, including by the First Minister, the Deputy First Minister and the Justice Minister for Northern Ireland, who have appealed for the fewer than 30 people in Northern Ireland who have been affected by the scandal to be included in the Bill.
Kemi Badenoch
We are working closely with the Northern Ireland Executive. We have carefully considered the territorial extent of each piece of legislation, and we are rigorous in our commitment to devolution. The hon. Gentleman should be assured of the amount of work that is taking place to ensure that we get the Bill done properly in a way that will not have unintended consequences. I thank him for that point.
This new legislation will quash all convictions that meet the clear and objective conditions laid out in it. We recognise that postmasters have suffered too much for far too long, which is why convictions will be quashed automatically when the Bill receives Royal Assent, removing the need for people to apply to have their conviction overturned.
Sir Jeremy Wright (Kenilworth and Southam) (Con)
I am extremely grateful to my right hon. Friend for giving way. I understand entirely why the Bill is necessary. She will agree that it is important that we do not, through the Bill, set any precedent for the interference of this House in individual convictions, unless there are exceptional circumstances such as these. That means that the Bill must be tightly drafted. At the moment, condition E—the last of the conditions that she has mentioned—is that
“at the time of the alleged offence, the Horizon system was being used for the purposes of the post office business.”
Why is that not phrased differently to say that Horizon-based evidence was presented in the case against the person convicted? There is a material difference between those two things. I just seek to understand why she has chosen that formulation rather than the alternative.
Kemi Badenoch
My right hon. and learned Friend makes a good point about the final condition in the Bill. That is something that we considered, but it would likely have required a case-by-case, file-by-file assessment of each prosecution. That would have added significant time and complexity, which is what our solution avoids. One thing that I have been keen to emphasise is that speed and pace are critical. This has taken far longer than I would have wanted, and I would not have gone for a solution that would have impeded this and created complications.
Liam Byrne (Birmingham, Hodge Hill) (Lab)
I put on the record my thanks to and commendations for the Under-Secretary of State for Business and Trade, the hon. Member for Thirsk and Malton (Kevin Hollinrake), for the way in which he has approached the groundwork for the Bill.
Among those excluded from the scope of the Bill are those who went to the Court of Appeal and lost their case, or were not given leave to appeal to the Court. What we now know would have been quite useful in many of those cases. Should we enlarge the scope of the Bill to include those who lost their case at the Court of Appeal or were not given leave to appeal in the first place, as many of them may well be truly innocent?
Kemi Badenoch
I thank the right hon. Gentleman for that point. That is also something that we considered carefully. It is part of the trade-off that we had to make in doing something unprecedented: Parliament overturning convictions. We respect the judgment of the Court of Appeal—it has gone to an appellate judge. We are willing to consider some of those cases individually just to ensure that nothing has been missed, but the Bill has been drafted in consultation with the Crown Prosecution Service and the judiciary. We want to ensure that we are bringing everyone with us. Concerns such as his have been raised, but this is more or less the consensus that we think will get the Bill done, and allow redress, as quickly as possible.
Sir David Davis (Haltemprice and Howden) (Con)
I will elaborate on this point further when I speak—hopefully, if I catch Mr Deputy Speaker’s eye—but there is already data about the cases that the right hon. Member for Birmingham, Hodge Hill (Liam Byrne) referred to, those that are outside the Horizon case itself but were attempting to get themselves exonerated on the basis of other data. As far as I can see, they failed precisely because they were not part of the Horizon case, so I ask the Secretary of State to return to this issue before Report and look at whether we can solve that problem.
Kemi Badenoch
I thank my right hon. Friend for that intervention. That is something we can look at again at further stages of the Bill. We understand the issue that hon. Members are trying to resolve, and agree with them that we need to make sure that everybody who deserves justice gets justice, but we also have to be careful to make sure that we are not exonerating people who we know for a fact have committed crimes.
Mary Robinson (Cheadle) (Con)
I am grateful to my right hon. Friend for giving way, and I commend her work and that of my hon. Friend the Member for Thirsk and Malton (Kevin Hollinrake), not only in recognising the plight of these people and putting in place compensation for their suffering, but in ensuring that these criminal convictions are expunged from their record. It is really important for these people that they regain their standing within their communities.
As my right hon. Friend has rightly said, so many of these whistleblowers were failed by the current law: the Public Interest Disclosure Act 1998. It is really vital that we not only put that right, but have a good look at the law again. I know that a framework review is going on, and have spoken to my right hon. Friend and my hon. Friend about what more can be done. I have tabled a whistleblowing Bill that will sort this problem out. It lands within the Department for Business and Trade—it is something that is within my right hon. Friend’s gift. Will she support my private Member’s Bill on Friday?
Kemi Badenoch
I thank my hon. Friend for all the work she does in chairing the all-party parliamentary group for whistleblowing. She is right that this issue needs consideration, and we are going to look again at the whistleblowing framework—it is something that comes up time and time again in many respects. I will not comment yet on her private Member’s Bill, because I have not seen it, but I thank her for all her work on this issue.
Mr Kevan Jones (North Durham) (Lab)
I welcome this Bill. I know that it is groundbreaking and possibly sets some nerves off with the judiciary, but I think the judiciary need to look at themselves and how they have dealt with some of these cases.
On the point that my right hon. Friend the Member for Birmingham, Hodge Hill (Liam Byrne) raised, a small number of cases are not within the scope of the Bill. I perfectly understand why, but we have to get those cases looked at again, because evidence has come out in the Sir Wyn Williams inquiry that was not available at the time. Will the Secretary of State commit to at least sit down with the judiciary to look at these cases and emphasise the fact that there is new information, and that responsibility for some of this injustice has got to lie with the justice system?
Kemi Badenoch
I thank the right hon. Gentleman for his intervention. The courts dealt very swiftly with the cases before them—perhaps a bit too swiftly. That is why the sub-postmasters suffered so many miscarriages of justice, and it is right that we make their exoneration as simple and quick as possible, so while my priority is passing this Bill for the bulk of the people who have suffered, that does not mean we will not be able to look at other scenarios later and see if we can find solutions where we genuinely believe that there has been a miscarriage of justice. That is not for me to do at the Dispatch Box—it will not be up to Ministers. There will be caseworkers who will carry out that work, but we have to be careful to make sure that we are exonerating the right cohort.
Mr Jones
I hear what the Secretary of State says, but I would just say to her that this is a small number of people and they have to be looked at. Can I ask that she shows the same zeal that her hon. Friend the Member for Thirsk and Malton (Kevin Hollinrake) has shown in his approach to this process? We need a commitment, not to get these cases sorted today—I accept that the Secretary of State cannot do that—but that the Department will look at them. I think that will send quite a strong message out to people.
Kemi Badenoch
The Department can always do that. This is something that we believe is so critical in order to make sure everybody gets the justice they deserve, and we need to make sure that we carry out the process in such a way that everyone has confidence in it. We can continue to look at cases and see if there are other solutions, but as the right hon. Gentleman has rightly said, that will be outside the scope of this Bill.
Sir Robert Neill (Bromley and Chislehurst) (Con)
I am very grateful to the Secretary of State for giving way, and I also pay tribute to the exceptional work of my hon. Friend the Member for Thirsk and Malton (Kevin Hollinrake) and the way in which he has engaged in what is a sensitive issue, not least constitutionally. Does my right hon. Friend accept that it is not ideal under any circumstance for this House to trespass upon the legitimate preserves of the independent courts? It should only do so under the most exceptional circumstances. There is a case that this is one of those instances, but while we can legitimately criticise failings in the criminal justice system—such as in disclosure, which is part of the system—it is important that we do not get into the territory of impugning the individual decisions of judges made in good faith on the evidence properly before them.
One thing we could do to emphasise the exceptional nature of the Bill would be to introduce a sunset clause, so that at an appropriate time when the Bill has served its purpose—perhaps some way in the future, once those who need to be found and contacted have been able to come forward and have their convictions quashed— it would no longer be the constitutional anomaly that it might otherwise be if it stayed on the statute book indefinitely.
Kemi Badenoch
I am very happy to consider a sunset clause. My hon. and learned Friend makes a very good point, and I really appreciate the fact that he can see the tightrope that we are walking: getting justice for postmasters while not interfering with judicial independence.
Sir Robert Buckland (South Swindon) (Con)
I think it is important that we emphasise the wholly exceptional nature of this legislation, but we are dealing with wholly exceptional circumstances—we hope. The point about disclosure is one that I cannot make strongly enough, and we have to look again at our presumptions about machines and what they produce when it comes to criminal litigation.
Can I press my right hon. Friend to reiterate the wholly exceptional nature of this legislation? I think we need to be careful when it comes to a sunset clause, because we do not want to end up frustrating the purpose of the Bill, which is to deal with the hundreds of people who have lost faith in the system and might be difficult to track down and identify. I am not particularly in favour of a sunset clause, but we do need to emphasise the exceptional nature of this legislation.
Kemi Badenoch
I am grateful to my right hon. and learned Friend for his intervention. I am very happy to emphasise that, and will do so again later in my speech. I do enjoy it when we have two lawyers who disagree on a particular point; I will be taking this as their application to join the Bill Committee.
The Bill includes a duty on the Government to take all reasonable steps to identify convictions that have been quashed. It also creates a duty to notify the original convicting court, so that records can be updated and people’s good names can be restored. Other records, such as police records, will be amended in response. The Bill makes provision for records of cautions for relevant offences relating to this scandal to be deleted. While the financial redress scheme will be open to applicants throughout the UK, the Bill’s measures to overturn convictions will apply to England and Wales only.
Mark Pawsey (Rugby) (Con)
We on the Business and Trade Select Committee heard absolutely harrowing accounts from postmasters of what they had gone through as a consequence of the Post Office’s actions, but many of those cases took place many years ago. Can the Secretary of State be confident that the audit process in an organisation such as the Post Office will in future identify what has happened at an earlier stage, and does she agree that legislation such as this should never come before this House again—that this should not happen?
Kemi Badenoch
I believe that the inquiry being led by Sir Wyn Williams is currently looking at that issue. It is important that audit processes work at the highest level, and that people are able to rely on and have confidence in them, so I thank my hon. Friend for raising that point.
On the question of territorial coverage, as I said earlier to the hon. Member for North Antrim (Ian Paisley), my Department will continue working closely with the Northern Ireland Executive and the Scottish Government to support their approaches to addressing this scandal, ensuring that every postmaster who has been affected receives the justice they deserve, irrespective of where in the United Kingdom they are. Indeed, my colleague and hon. Friend the Member for Thirsk and Malton (Kevin Hollinrake), the Minister for postal affairs, has already met Justice Ministers in the Scottish Government and the Northern Ireland Executive to offer our support.
Stephen Farry (North Down) (Alliance)
I accept that the Department is very keen to respect the devolved settlements in both Northern Ireland and Scotland, but can I stress to the Secretary of State that there is political consensus in Northern Ireland, and Ministers in the newly restored Executive would welcome Parliament acting in this particular area?
Due to the nature of devolution in Northern Ireland, we have to have a public consultation, so in the best-case scenario we are looking at well towards the end of this year before we can replicate legislation here in Westminster. As this was a national scandal, it does require a national solution to avoid a situation of inequity in which some postmasters in parts of the UK are exonerated while others are still waiting.
Kemi Badenoch
I take the point the hon. Member makes very seriously. We do understand, but we want to make sure that we do not create any possible unintended consequences by legislating on devolved issues, so we are working hand in glove with the Northern Ireland Executive to make sure this goes through as quickly as possible. We know that the numbers there are much smaller, and that the postmasters there have been identified. He is right to raise the point, but I want to reassure him that we have every confidence that we will be able to get this done at the same pace.
Liam Byrne
Could I put that question in a slightly different way? The Minister for postal affairs has set out an ambitious timetable for the passage of this law, the overturning of convictions and the dispensation of compensation, with it all possibly being done and dusted—with hope, and a following wind—by the end of July. Could the Secretary of State commit to a similar timetable when it comes to the cases that have been raised in Northern Ireland?
Kemi Badenoch
That is certainly something we can encourage the Executive to work to, but I cannot personally make that commitment because it would not solely be up to me. However, I just want to reassure the House that this is something we care about. We are not prioritising England and Wales because it is England and Wales; we are doing what we can as quickly as we possibly can to make sure that we do not create problems later by rushing and not doing things properly. I think that that is a good and ambitious target, but it would not be up to me to make such a commitment.
I am aware that the approach we are taking in this Bill is a novel one. With it, Parliament is taking a function usually reserved for the independent judiciary, as my right hon. and learned Friends the Members for Kenilworth and Southam (Sir Jeremy Wright) and for South Swindon (Sir Robert Buckland) and my hon. and learned Friend the Member for Bromley and Chislehurst (Sir Robert Neill) have said. However, I am equally aware that the postmasters’ long and punishing fight for justice must now be swiftly drawn to a close. The circumstances surrounding the scandal are wholly exceptional, and they demand an exceptional response from Government, so I would like to take this opportunity to reassure the House that the introduction of the Bill is in no way a reflection on the courts and the judiciary, which have dealt swiftly with the cases before them.
Katherine Fletcher (South Ribble) (Con)
I would like to commend both the Secretary of State and her team for bringing forward this Bill. The sub-postmasters have faced a miscarriage of justice that has taken many people’s breath away. I am aware that this is specific and focused legislation, but two South Ribble constituents came to see me who had been Royal Mail customers, and they described scenarios of prosecutorial practice very similar to what sub-postmasters were subject to. Would the Secretary of State consider expanding the scope of the legislation in future to other people who may have been subject to poor treatment?
Kemi Badenoch
I thank my hon. Friend for her intervention. I can look specifically at the cases she raises, but I think they may actually be covered by this Bill. I would be wary of expanding the scope too broadly. The consensus we have with the CPS, the judiciary and so on has been achieved by the legislation being very tightly scoped, but we do want to make sure that people who have been at the end of an injustice can have those wrongs righted. I am very happy to look at the specific cases of her constituents.
Andy Carter (Warrington South) (Con)
I am very clear that this Bill is about correcting convictions that were made in error. However, there are of course a number of employees—direct employees—of the Post Office who were never convicted, but had their good name ruined and their careers destroyed, and have found it very difficult to gain employment because they were unable to get references from their previous employer. Indeed, probably the worst thing that happened to them is that they were identified in their community as people who were perhaps stealing from pensioners or treating members of their community unfairly. This Bill will do nothing for them. Could the Secretary of State outline what the Post Office is doing to contact those individuals who were disciplined by the Post Office and dismissed, so that they too can have justice?
Kemi Badenoch
I thank my hon. Friend for that question. He is right that many people had their reputations traduced because of what happened with the Horizon scandal. Where shortfalls were falsely made by the Post Office and they had to pay, we have compensation schemes to address those sorts of wrongs. Because this Bill is specifically about overturning convictions, it cannot apply to them, but where they have suffered other damage, we have compensation schemes that we hope will apply in those circumstances.
We have not taken the decision to legislate in this way lightly. Given the factually exceptional circumstances of the Horizon scandal, the number of postmasters involved and the passage of time since the original convictions, it is right that the state now acts as quickly as possible. Any further delay would be adding further insult to injury for postmasters who have already endured what I believe is an arduous wait. Indeed, some have lost trust in the system, and want no further engagement. In many cases, the evidence they would need to clear their names no longer exists.
However, I must make two points clear to the House. First, the Government’s position is that it will be Parliament, not the Government, that is overturning the convictions, so there will be no intrusion by the Executive into the proper role of the judiciary. Secondly, this legislation does not set any kind of precedent for the future. It recognises that an extraordinary response has been necessitated by an extraordinary miscarriage of justice.
On this Bill receiving Royal Assent, no further action is required by the victims of this scandal to have their convictions quashed. The Government will take all reasonable steps to notify the relevant individuals and direct them to the route for applying for compensation. Further details of this process will be set out in due course.
Liam Byrne
The Secretary of State is being characteristically generous in giving way again. The evidence the Select Committee heard was that many people seeking compensation for the injustice they have suffered found it very complicated and very confusing to understand the range of case law required to put in particular kinds of claim—for example, for loss of reputation. When she triggers the notification provisions, would she reflect on something she could add, which is a tariff to help people put in claims for the right kind of compensation? What none of us would want to do, having overturned the convictions, is to let people get short-changed on the compensation. Providing a standardised tariff could cut through so much of the complexity and help people get what they are due.
Kemi Badenoch
I thank the right hon. Gentleman. I know that is a recommendation from his report, and it is something we are actively looking at and considering. As the Bill progresses through the House, there will be many suggestions that we will be able to look at to see whether it can be improved in any way. However, we must make sure that we do so in a way that does not jeopardise any of the objectives of the Bill—any of them at all.
As I was saying, further details will be set out in due course, and there will be a process for anyone to come forward where their convictions meet the criteria but we have been unable to identify them. The new primary legislation will be followed by a route to rapid financial redress on a basis similar to the overturned convictions scheme, which is currently administered by the Post Office, so we do not need provisions in the Bill to deliver that scheme. My Department, not the Post Office, will be responsible for the delivery of redress related to the quashing of these convictions. The Minister for postal affairs will return to the House at a later date to provide details on how we intend to deliver that redress.
Mr Kevan Jones
I welcome the changes that have been made in the compensation. Some of the proposals—for example, for fixed sums—are going to make a lot of cases easier to sort out. I do not feel comfortable having the Post Office anywhere near this, frankly, and neither do the sub-postmasters. Will the Secretary of State think about a system of compensation that in practice cuts out the Post Office? There is no trust there among the sub-postmasters. Do I personally have any faith in the Post Office? No, I do not.
Kemi Badenoch
I thank the right hon. Gentleman. That is one reason why my Department will be looking after the redress delivered by the scheme.
Sir David Davis
Let me reinforce the point made by the right hon. Member for North Durham (Mr Jones). There are people writing to me this week about the current handling of their cases by the Post Office and Post Office lawyers; frankly, it is barbaric. The Post Office needs to be taken out of it.
Kemi Badenoch
I reassure my right hon. Friend that this is something I am looking at in great detail. The Post Office has clearly been a dysfunctional organisation for a very long time, and that is one reason why I have been actively taking steps to look at the management and processes in place, which, as he rightly says, many of the sub-postmasters have lost faith in.
It goes without saying that work to offer prompt financial redress alongside the Bill continues. As of 1 March, 102 convictions have been overturned through the courts. Of those 102 cases, 45 people have claimed full and final redress, and of those 35 have reached settlement. The Post Office has paid out financial redress totalling £38 million to postmasters with overturned convictions. Under the Horizon shortfall scheme, as of 1 March, 2,864 eligible claims have been submitted, the vast majority of which have been settled by the Post Office, and £102 million has been paid out in financial redress, including full and final settlements and interim payments.
Finally, under the group litigation order scheme, working from the same date, 132 claims have been submitted, 110 have been settled by my Department, and £34 million has been paid out in financial redress, including full and final settlements and interim payments. Officials in my Department are working hard to get those cases settled quickly, and we have made offers within 40 working days in response to 87% of complete claims.
In summary, the Bill amounts to an exceptional response to a scandal that was wholly exceptional in nature, and has shaken the nation’s faith in the core principles of fairness that underpin our legal system. We recognise the constitutional sensitivity and unprecedented nature of the Bill, but I believe it is essential for us to rise to the scale of the challenge. The hundreds of postmasters caught up in this scandal deserve nothing less. Of course, no amount of legislation can fully restore what the Post Office so cruelly took from them, but I hope the Bill at least begins to offer the closure and justice that postmasters have so bravely campaigned for over many years, and that it affords them the ability to rebuild their lives. For that reason, I commend the Bill to the House.
Jonathan Reynolds
I thank the right hon. Member for making those powerful points, which reflect on the nature of the evidence that was given. One of his hon. Friends has already made the point about the role of technological, computer-based evidence in the legal process. To be frank, there is also the Post Office’s approach to the data as it saw it, which I assume it believed to be a way of unveiling wrongdoing, rather than questioning that data. Most of our constituents ask, “How could the number of convictions have gone from five or six a year to 50 or 60 without that being flagged in some way?” Clearly, the powers that be—at the time—thought the data was revealing wrongdoing, rather than necessarily revealing something going wrong.
We can see from the contributions we have already had that all Members participating in today’s debate and who will participate in the Bill’s future stages are mindful that what we are saying is not only important, but might be referenced in future considerations. In that vein, let me clearly state that this legislation, although far from ideal, is the only option on the table for us to resolve this horrible injustice. But let me further state that any incoming Labour Government would never use this kind of action again. There are exceptional circumstances to this case that make it unique, rather than it being a moment to set a precedent for handling any future injustices.
The Post Office Horizon scandal took place over decades, and there is at least a decade’s worth of investigations that demonstrate the falsehoods behind many of the convictions made against sub-postmasters. That bank of evidence will only grow from the independent inquiry led by Sir Wyn Williams. The challenge to righting this wrong is not a lack of clear evidence, but a sheer volume of cases that is overwhelming the appropriate route to justice through the Court of Appeal. I lament that our justice system is under such strain, and it would be remiss of me not to point out that a better serviced Criminal Cases Review Commission could have avoided the extraordinary step that we must now take.
In addition, we must also recognise that a cohort of sub-postmasters with convictions are understandably reticent to take part in another process in a criminal justice system that so badly failed them the first time around. For the purposes of the historical record, an important qualification for taking this step is the scale of cross-party support that the legislation is attracting. I have raised that point with the Minister before, and I believe it to be an essential safeguard.
The Parliamentary Under-Secretary of State for Business and Trade (Kevin Hollinrake)
May I thank the shadow Secretary of State for his cross-party and collaborative approach, which has brought us a significant step forward? I recognise the points he makes on the scale of the problem, which is why we have to act in this way. It is probably the least worst option for how we deal with this.
May I push back gently on his point that we have only started to act significantly since the TV drama? We welcome the public outcry that came as a result of the drama, the new attention that has been focused on the issue and the 1,200 new claimants who have stepped forward, but I push back because it is important that the public know that we were acting prior to the drama. We implemented the shortfall scheme in 2020, the inquiry back in 2020 and the GLO compensation scheme in 2021. The Horizon Compensation Advisory Board was put in place early in 2023, and the fixed-sum awards of £600,000 were put in place in autumn last year. We also had the overturned convictions and the exploring of different ways to do that on a mass basis. All these things were in place by the time of the Post Office (Horizon System) Compensation Act 2024, which we considered in December last year, and which the shadow Secretary of State and I spoke to during its consideration. Much work has been undertaken. We very much welcome the new impetus we have all got from the attention that the drama has brought about.
Jonathan Reynolds
I am always keen to hear from the Minister. I thought I was fair in making the point he raises in my introductory remarks. I simply make the point that the constitutional significance of legislation like this requires a level of public consent. The statement that the Prime Minister made in January, just after Prime Minister’s questions, would not have been possible without the sheer breakthrough in public consent and the demand for change and for justice that came from that. I will always be fair to the Government’s Ministers, and I point out even to some of their critics that we were dealing with things. We had the legislation that colleagues had worked on. It is fair to say there was less interest in some of that in the Chamber before we had the television programme, but let us be frank that we had the impasse of people not wanting to go back to the process. The estimate we had at the time was 10 to 15 years. That is what brought us to that point, and we have to recognise that, as well as paying tribute to the role that arts and culture can play in bringing things to an audience, which we should welcome.
Finally, I think I speak for everyone in the Chamber when I say that in no way does anyone take lightly what we are proposing to do today. This action is unprecedented, and we should make every effort possible to ensure that such action never again has to be considered.
Marion Fellows
I thank the right hon. Gentleman for his intervention. I am surrounded by lawyerly people and I am not a lawyer. In fact, I sat in a room last night for a briefing where I was surrounded by lawyers and even the lawyers were agreeing that they could not agree on the right way forward. The right hon. Gentleman is absolutely correct, and the Scottish Government will do that, but they cannot do it until we see what happens with the Bill as it is brought towards enactment and until we can take into consideration all the amendments that may be necessary for Northern Ireland. That will create a delay. Yes, the Scottish Government can—I cannot say they will, because I am not a Member of the Scottish Parliament or the Scottish Government—and it is possible for the Scottish Parliament to pass a Bill in three days, but it must be aligned with the exoneration Bill passed here. Otherwise, Scottish victims will not be treated equitably and fairly.
On 10 January, the Minister spoke in this place to, I believe, the hon. Member for Edinburgh West (Christine Jardine) and said he saw no reason at that point why there could not be UK legislation. At an Interministerial Standing Committee on 12 March, the Secretary of State for Levelling Up, Housing and Communities said that he saw no reason why that could not happen. Yet a few days after that the Bill arrived in Scotland with no mention of Scotland at all. It is the Scottish Government’s belief that the Bill could be amended to take into consideration the differences in legal terms. For example, amendments would be needed to bring about alignment on embezzlement and to cover all the different crimes, if you like—well, not crimes, because the sub-postmasters did nothing wrong—so that the Bill would apply in Scotland. The Bill could clear the decks of all the things sub-postmasters were charged with and convicted for, so it is all possible. The issue is one of timing, with sub-postmasters in Scotland being told, “Okay, you’ve waited, but you’ll have to wait longer.”
In this place, and right across the work I have done over the past few years on the Post Office, there has always been cross-party agreement on getting things sorted out for the victims. As the hon. Member for Stalybridge and Hyde said, that is the point of the whole thing. It is about the victims. It is about what has happened since “Mr Bates vs the Post Office” was broadcast. I sat with my daughter-in-law, who is herself a lawyer—I don’t hold that against her—and she kept saying, “Is this true, Marion? Is this true?” and I had to say that yes, it was.
Kevin Hollinrake
I thank the hon. Lady once again for the all the work she does. As I have said to her on a number of occasions, our officials are working together on a weekly basis and I have met my counterparts in Scotland on this issue. She will acknowledge that the UK Parliament is taking a political risk. This is unprecedented and unpopular in some quarters. Does she not accept that, as politicians, there are times when we have to stand up and accept the political responsibility and accountability for doing the right thing in our own jurisdictions, just in the way the right hon. Member for Orkney and Shetland (Mr Carmichael) said?
Marion Fellows
I agree with the Minister—of course I do—but let us think back to the victims. Scottish victims should not have to wait any longer than victims across the rest of the United Kingdom. If the Scottish Government were to expedite a Bill in the Scottish Parliament without knowing exactly where this Bill will end up—already today there has been talk of amendments to it to help Northern Ireland—then that would not be right either.
Paul Scully
I did not, but the issue is worth looking at. This is a human scandal, and it is not just about the postmasters who were directly affected. I am not sure how we start to unpick that as it gets wider and wider, but I hope and trust that the Government will reflect on it as we do the wider learning.
Kevin Hollinrake
I was tempted to intervene on two of the interventions I heard, but that is impossible here. It is certainly possible that the person who had the contractual relationship with the business concerned, such as a small post office, could submit a claim to the Horizon shortfall scheme, which could include amounts that should be paid to individuals who worked for them so that they can be compensated through that route.
Given that we are looking at public sector or quasi-public sector organisations, it would be dangerous to assume that there is a problem with governance. As my hon. Friend said, from the Back Benches I dealt with a number of scandals that involved private sector organisations, such as Lloyds and the Royal Bank of Scotland—we saw years of obfuscation around similar kinds of problems. We should not jump to conclusions. We should probably let the inquiry report first, and have a debate from there.
Paul Scully
My hon. Friend makes a really good point. To follow on from the intervention from my right hon. Friend the Member for Haltemprice and Howden, it is difficult for us as parliamentarians, and doubly difficult for Government Ministers, to speak with authority on behalf of a public organisation—rather than the private sector, which we do not speak on behalf of—without necessarily having all the facts, because there is only so much we can drill into.
Obviously, we want to right the wrongs of the past and make sure as best we can that the people’s situations are restored so that they can have a future for themselves and their families. There is also the case of the Post Office itself. The Post Office still has more branches than the banks and building societies put together. I know that there have been closures in certain areas—that is a whole other debate, perhaps for Westminster Hall—but none the less, the Post Office has a massive impact on people’s lives, especially in rural communities. We must not forget that when we are looking at the Post Office, its brand and its overall aim. This is not a reflection on the current management or anything like that. We have to give the Post Office a future.
Mr Jones
They were hiding, yes, because of shame and things such as that. It is only now that we realise what a massive miscarriage of justice this was that people have had the confidence to come forward. This Bill will help with that.
I shall come off Capture, because I think the Minister has got my point, but I return to those cases that have already gone to appeal. I do not criticise the Government on this, but we must find a system for dealing with those few cases that have gone through. It is no good the Court of Appeal hiding behind the fact that they have gone through, because, as the hon. Member for Sutton and Cheam has said, new evidence has come out of the inquiry that was not available to the courts at the time. We cannot just leave those people hanging—I cannot remember off the top of my head how many individuals there are, but there are not that many.
Kevin Hollinrake
Let me just clarify that point. A total of 1,200 people have come forward since the TV dramatisation. Seven people have taken their case to the Court of Appeal and been heard, and six have been refused leave to appeal, which makes a total of 13 in that cohort.
Mr Jones
What a fine research assistant the Minister is! He is right: the number is in single figures. Let us look at those cases. Let us see whether we can move forward on this. I am not criticising the Government for not including those individuals. I understand why they are not in the Bill, but we need to look at them. There are things that came out of the inquiry that would have changed the outcome in some, but perhaps not all, of those cases. If we do not look at them, those people will be left outside the remit of the Bill.
On the territorial extent of the Bill, I think the case was made earlier in relation to Northern Ireland. I see no reason why the Bill should not include Northern Ireland. We have cross-party support for it in Northern Ireland, and, as I understand it, the Executive are on board as well. We need to recognise that in Committee. I have to say to the hon. Member for Motherwell and Wishaw (Marion Fellows) that I have less sympathy with the idea of including Scotland in the Bill. Not because those individuals should not get justice—they should—but because the issue is different in Scotland. There are, in fact, two issues. First, there is the legal position: the way things are prosecuted in Scotland is very different from how it is done in the UK. Furthermore, there is a mechanism to do it, so the Scottish Government just have to get on and do it. I accept what she is saying about waiting to see what we do, but they would need cross-party support in the Scottish Parliament if that were to go forward. I do hope, however, that some amendment on Northern Ireland is brought forward in Committee, and I would certainly support it.
Finally, let me talk about the notification of individuals. Reference was made earlier to record keeping, which was not brilliant at the Post Office. We have to try to find “reasonable steps”, as the Bill says, to notify individuals. We need to look at that, because, again, some of these cases will be legacy cases. Sadly, some people will have passed away before they were able to get justice. Perhaps we need to say how we get to those cases that are possibly more difficult to get to than others.
To conclude, the Bill is long overdue, which makes this a historic day. I think of the woman I sat in front of in her council flat in the north-east of England, whose life has been ruined for the past 20 years, and who has had daily trauma because of the injustice and financial heartache that she and her family have faced. With the Bill, she will finally get justice; if that is the one thing I do in my time in this House, it will make me very happy.
Mr Carmichael
I do not think it is unfortunate, but highly fortunate and deliberate, that we are in the UK, but we will save that debate for another day. The compensation can and will be paid on a UK-wide basis. Given the timescale that the Government have outlined so far, we would expect the convictions to be quashed on the basis of this Bill by the middle of July. That gives the Scottish Parliament time to meet the same timescales, so that victims in Scotland have their cases quashed by that time.
Kevin Hollinrake
The right hon. Gentleman is making some important points about the way the prosecution systems work in different parts of the UK, which we must take into account. On the point by the hon. Member for Na h-Eileanan an Iar (Angus Brendan MacNeil) on paying redress, the key thing is overturning the conviction. Once that conviction is overturned, wherever in the UK, that individual will have immediate access to the redress scheme wherever they are in the UK. There is no hiatus, as he described it.
Mr Carmichael
I am grateful to the Minister for that. Those who are not convicted will have access to compensation through the historic shortfall scheme—a process available to them at the moment.
Kevin Hollinrake
The Bill relates only to overturning convictions. There is a discussion about territorial extent, which I understand and am happy to continue to discuss. The three compensation schemes—the Horizon shortfall scheme, the group litigation order scheme and the overturned conviction scheme—are all UK-wide, so that whatever detriment is experienced, wherever they are in the UK, there is no delay to compensation. There is no difference, in terms of compensation, between one part of the UK and another. We are keen to expedite it wherever it is in the UK and we have work to do.
Mr Carmichael
I do not really need to answer that, so I will take the hon. Lady’s intervention.
The Parliamentary Under-Secretary of State for Business and Trade (Kevin Hollinrake)
For Members of the House, the wider public and, most of all, the victims of this horrendous scandal, today’s Bill cannot come soon enough. The day that the convictions are finally quashed, redress is finally paid and those victims can get on with their lives cannot come soon enough. The Bill will quash relevant convictions of individuals who worked, including on a voluntary basis, in post office branches and who suffered as a consequence of the Post Office Horizon IT scandal. It will quash, on a blanket basis, convictions for various theft, fraud and related offences during the period of the Horizon scandal in England and Wales.
The Bill is an exceptional response that recognises the constitutional sensitivity and unprecedented nature of the situation. The Government are clear that given the factually exceptional nature of the case, the legislation does not set a precedent for the future relationship between the Executive, Parliament and the judiciary. The scale and circumstances of the prosecutorial and investigatory misconduct means that a rapid approach is needed to deliver long overdue justice, while respecting the separation of powers and delicate constitutional balance.
I first spoke on the matter from the Back Benches some years ago, in the context of other scandals involving the Royal Bank of Scotland and Lloyds Bank, after a gentleman called Paul Marshall, a barrister involved in the cases, wrote to me drawing parallels between the Post Office Horizon case and the banking scandal. It was back in March 2020 that I first spoke about the issue and Lee Castleton’s tragic case. Because of the scale of the injustice, the depth of the damage and the despair, and the unacceptable delays in delivering justice, we must act in this exceptional manner.
I will touch on points raised in contributions to the debate. I thank the shadow Secretary of State, the hon. Member for Stalybridge and Hyde (Jonathan Reynolds), and the shadow Minister, the hon. Member for Bethnal Green and Bow (Rushanara Ali), for their collaborative approach. I join them in thanking one of my predecessors, my hon. Friend the Member for Sutton and Cheam (Paul Scully), on the tremendous job he did. We all wish him well in whatever he chooses to do in his new life, but I remind him that he still has work to do in this place because we have much work to do.
I gently push back on some of the points made by the shadow Minister, who said that the TV drama had stimulated the work that has gone on in recent weeks and today. We are public servants and we should respond to public outcry, so I welcome the new attention focused on the issue by the general public, the media and the House. However, I remind hon. Members and, most importantly, the victims that we put many measures in place to try to deal with the matter, not always as successfully or as quickly as we would have liked: the Horizon shortfall scheme and the inquiry, which started in 2020; the group litigation order compensation scheme; the Horizon compensation advisory board, on which the right hon. Member for North Durham (Mr Jones) sits so effectively; and the £600,000 fixed-sum awards for those whose convictions had been overturned, which was put in place last autumn. The exploration into how we might overturn convictions more quickly began some months before the TV dramatisation came to our screens. Indeed, the Post Office (Horizon System) Compensation Act 2024 assigned a deadline date that proved difficult for some of the victims.
The shadow Secretary of State pointed to possible service level agreements, in response to issues raised by the Business and Trade Committee about timings for compensation. As he and the shadow Minister know, there are service level agreements in the current compensation and the group litigation order compensation schemes that say there will be a response to 90% of final claims submitted within 40 days. We are hitting 87% against that metric, so we are making progress. We are considering such agreements in elements of the new scheme and other schemes, so I will come back to the House about that.
The hon. Member for Stalybridge and Hyde raised the point about Northern Ireland, as many other Members have, and we are taking that very seriously. We are sympathetic to the issue, particularly as the Assembly is newly formed. The requirement for public consultations in that jurisdiction may delay things, and we will bear that in mind in our deliberations.
The shadow Minister quite rightly raised the point about the impact of this not just on the victims, but on the victims’ families, their children and their spouses. Indeed, terrible things have happened to many of those families, including break-ups and suicides. We have all witnessed on our TV screens the extent of this problem. We will certainly consider mental health support for the affected individuals.
My hon. and learned Friend the Member for Bromley and Chislehurst (Sir Robert Neill) talked about a sunset clause. Interestingly, following his intervention on a sunset clause, three other legal opinions on a similar matter did not all agree with his point. The key thing is that all convictions are quashed the day this legislation comes into effect, which should be in July. Irrespective of the fact that we may not have identified somebody in the list of people whom we will write to following the passing of this Bill, their conviction will have been quashed. If they come forward to self-certify and we look at their case, that conviction will have already been quashed; we just need to mark the record.
The right hon. Member for Orkney and Shetland (Mr Carmichael) spoke about political accountability, which I shall come back to a bit later, because he raises some very important points. My right hon. Friend the Member for Haltemprice and Howden (Mr David Davis) said that this matter should have been dealt with in the courtroom. I think that we would all have preferred to see that. I have described this process in the past as the lesser of two evils. We must acknowledge that the first of the 983 convictions were overturned in 2021. Thus far, only 102 convictions have been overturned. That pace of progress cannot be countenanced, which is why we have taken this particular approach. I thank him, though, for his kind words on my work, but I reiterate that the Secretary of State has been hugely supportive of everything that I have been asked to do and that I wanted to do in this space. The same applies to the Prime Minister and the Chancellor of the Exchequer and many other Ministers right across Government.
Let me turn now to the hon. Member for Motherwell and Wishaw (Marion Fellows), for whom I have a great deal of time and with whom I have spent a great deal of time working on this issue. Her work on the all-party group on post offices is also invaluable. I fully understand her points about Scotland. She wants to ensure that her legislation works simultaneously with this legislation. We believe that that can happen in Scotland. There are no barriers as such with Scotland in the way that there are potentially with Northern Ireland. We also must bear in mind that the Lord Advocate tends to have a different opinion as to whether this is the right way to go about things. In taking this route, we have had to make some difficult political choices. One is to exclude cases that have been heard by the Court of Appeal. That is the decision that we had to take here—as I say, these were very difficult choices. The point about political accountability is important, which is why we decided to use this objective criteria route. The hon. Lady’s objective criteria would have to be different. For instance, Scotland has a different prosecutorial system, so the legislation cannot be identical. There are differences whichever way we look at this, so I am sure that this debate will continue.
Ian Paisley
I thank the Minister for giving way. He knows that we have huge admiration for the way that he has tried to wrestle his way through these issues. At the end of these proceedings, I intend to lay an instruction to the House motion. Is that necessary? Can the Minister tell us now that he will take this on and include Northern Ireland in the Bill?
Kevin Hollinrake
I understand the hon. Member’s point. I can tell him from this Dispatch Box that it is something on which we will continue to have dialogue. I have talked to his colleagues today and yesterday. In fact, I met the First Minister, the Deputy First Minister and the Justice Minister yesterday to discuss these matters. They raised some interesting points that we need to take into account. I am very happy to keep those conversations ongoing, so I will happily have a further conversation with him after this debate.
Chris Stephens
The Minister is showing his customary politeness and kindness. He has outlined the discussions with Northern Ireland. The main issue is how we get a solution that satisfies everyone across these islands, so will he also have those discussions with the Scottish Government, particularly around the territorial issue, and will he say something about Asda employees in Scotland who are also caught up in this?
Kevin Hollinrake
I absolutely give the hon. Gentleman that assurance. We want everything to happen simultaneously. Our ambition is to get the legislation passed by July. If people choose the fixed sum award route, we can pay compensation rapidly. They have two choices of route to take. The £600,000 can be delivered very quickly—literally within weeks of passing the legislation. We want to pass the legislation by July; we could be paying compensation as quickly as by August. Exactly the same thing can happen in Scotland if the Scottish Government effect the legislation at the same pace. My officials are working with officials of the SNP-led Government in Scotland on a weekly basis to try to ensure that that is the case. I have met with my counterpart in the Scottish Government to talk about this issue.
I did not quite get the hon. Gentleman’s point about employees. He might want to intervene on me again, so I can address it properly.
Chris Stephens
A number of Members have mentioned, as I have, the particular issue of Asda employees in Scotland. Has the Minister thought about that?
Kevin Hollinrake
Employees generally are an issue, because they do not have a contractual relationship with the Post Office, which is required to enter the compensation scheme, but if the company itself did have one it could make a compensation claim that could then be passed on to that individual. I am very happy to discuss individual cases with the hon. Gentleman, or with other Members.
I pay tribute again to all the work of my hon. Friend the Member for Sutton and Cheam. I agree that this was a case of human failure as well as technological failure, and that the wheels of justice are moving too slowly. That is why we have stepped in in this way. I am always grateful for the work of the right hon. Member for North Durham, not least on the Horizon compensation advisory board. He has made some important recommendations, which we have adopted. He gave a four-legged analogy about the person I am: he called me more shire horse than show pony, which I take as a compliment. I would describe him in a four-legged way as well: he is a cross between a terrier and a rottweiler, and he is highly effective in the way he approaches this issue.
The right hon. Gentleman asked about convictions relating to pilot versions of Horizon. That is why we have set the date at 23 December 1996. That is the first point of the roll-out of an application called Pathway, which was a predecessor Horizon application. We think that the legislation, and therefore the redress schemes, capture—if I can use that word—cases that relate to the pilot schemes in clause 8.
As the right hon. Gentleman knows, we look at the Capture system slightly differently. Capture is a stand-alone spreadsheet rather than a network computer system. There is no remote access, for example. The key thing is that what we are doing here is exceptional and unprecedented. We have the body of evidence because it has been before a court. Part of the reason the court made its decision in 2019 was based on the Horizon issues, as it put it. We do not have that body of evidence with Capture. We are keen to talk to him to ensure that we look at the evidence. That conversation will continue.
The right hon. Gentleman talked about the power to make consequential provision. We do not see that as giving us the ability to include another group of people; there are different reasons why that power is in the Bill. It is for matters that are a consequence of the Bill, which we do not think is the right vehicle to include people, for example, who have been affected by the Capture system. As I say, we will continue to discuss that.
As I said earlier, we understand the arguments about Northern Ireland, and we will continue to engage, as we will with other Members of this House. In terms of reasonable steps, the process is in development. It is about marking the records and writing to individuals. When we have passed the legislation, we will write literally that day, or the next day, to those individuals to say, “You’re conviction has been quashed,” and we will give them details about how to claim compensation.
Mr Kevan Jones
I know that the Minister is committed to ensuring that everyone is contacted. What about the legacy cases—when people have passed away? Will someone try to contact their estates, for example?
Kevin Hollinrake
Those are challenging issues. The key thing—I hope the right hon. Gentleman takes this in the right way—is that what we are doing here to quash convictions does not require people to come forward. When the conviction has been quashed, we will contact the most relevant person in that context. Those people can take forward a claim in exactly the same way, and it will be considered in exactly the same way, as any other claim. The estate, the families, can claim compensation.
Mr Jones
I agree with the Minister, but I think this needs to be given some thought. Perhaps the advisory board might look at legacy cases in which people have passed away, because those entitled to compensation might not come forward. We might have further discussion about that.
Kevin Hollinrake
I am very happy for us to look at that, and to work with the right hon. Gentleman and the advisory board. I take this opportunity to pay tribute to him, Lord Arbuthnot, Sir Chris Hodges, and Professor Richard Moorhead for their work in this area. We will continue to work closely alongside the right hon. Gentleman.
My hon. Friend the Member for North Norfolk (Duncan Baker) recognised the work of people other than me on this matter—not least the Secretary of State, the Prime Minister and the Chancellor. I recognise that he is the only serving postmaster in this place, so we always listen carefully to what he says. Like him, we encourage people to come forward to claim compensation.
The people not included in the legislation—those who have been convicted as a result of prosecution by the DWP—can still appeal in the normal way, and I encourage them to do so if they feel that there are grounds for that. My hon. Friend asked about Fujitsu and the quantum it is due to pay. Our view has always been that we should let the inquiry conclude and determine responsibility. We will then know the extent of the compensation bill, and that will be the right time to have a conversation about contributions, for which Fujitsu has already accept a moral responsibility; we welcome that. Although the Post Office has had a chequered past in this regard, I believe that it has a very bright future, and we are keen to ensure that it does. We should always keep that in mind.
I understand what the right hon. Member for East Antrim (Sammy Wilson) said about the territorial extent of the Bill. As I said, I met the First Minister, Deputy First Minister and the Minster of Justice for Northern Ireland yesterday, and I will continue to do so. We are determined to ensure that measures are brought forward as quickly as possible in all areas of the United Kingdom. The right hon. Member makes a compelling case about the need for public consultations in his jurisdiction. We are aware of that. There are 26 cases in Northern Ireland, and we are keen to ensure that they are overturned as quickly as possible. We will continue work to ensure that that happens.
The right hon. Member for Orkney and Shetland talked clearly about ensuring that prosecutors are accountable for their role. Decisions were taken in Scotland. He was right to say clearly that a legislative consent motion does not offer the same level of parliamentary accountability, and I think we should all reflect on that. His final words were “accountability makes a difference.”
The hon. Member for North Down (Stephen Farry) talked about his preference for the measures to be UK-wide. We understand that; we have had several conversations and will have many more, I am sure. I understand his point about the risks of judicial review and of delays to public consultation. He feels that he makes an overwhelming argument. We will keep those conversations going.
I concur with the shadow Minister, the hon. Member for Bethnal Green and Bow, and echo her tribute to Alan Bates, Jo Hamilton, Lee Castleton, journalist Nick Wallis, campaigner Dan Neidle, another journalist Tom Witherow, Lord Arbuthnot, Karl Flinders and many others, including many Members of this House. We pay tribute to them for their work. We recognise the profound impacts that the Horizon scandal has had on those who were falsely accused. It has taken too long to get to this point, and our ambition is to get this legislation through both Houses by July and compensation paid to the victims by August. Through this Bill, we will exonerate those who were so unjustly convicted of crimes that they did not commit and provide fair redress as swiftly as possible. I commend it to the House.
Question put and agreed to.
Bill accordingly read a Second time.
Post Office (Horizon System) Offences Bill
(Limited Text - Ministerial Extracts only)
Read Full debateMonday 29th April 2024
(1 week, 2 days ago)
Commons ChamberPost Office (Horizon System) Offences Bill 2023-24 Read Hansard Text Watch Debate Amendment Paper: Committee of the whole House Amendments as at 29 April 2024 - (29 Apr 2024)
This text is a record of ministerial contributions to a debate held as part of the Post Office (Horizon System) Offences Bill 2023-24 passage through Parliament.
In 1993, the House of Lords Pepper vs. Hart decision provided that statements made by Government Ministers may be taken as illustrative of legislative intent as to the interpretation of law.
This extract highlights statements made by Government Ministers along with contextual remarks by other members. The full debate can be read here
This information is provided by Parallel Parliament and does not comprise part of the offical record
The Minister of State, Department for Business and Trade (Kevin Hollinrake)
I beg to move amendment 25, page 1, line 6, at end insert—
“(za) the conviction took place before the coming into force of this Act,”.
This amendment makes it clear that clause 1(1) will quash only convictions occurring before the coming into force of the Act.
The First Deputy Chairman
With this it will be convenient to discuss the following:
Amendment 1, page 1, line 9, leave out paragraph (b).
Government amendments 27 to 28.
Clause 1 stand part.
Government amendments 29 to 33.
Clause 2 stand part.
Government amendment 34.
Clause 3 stand part.
Government amendments 35 to 41.
Amendment 3, in clause 4, page 3, line 34, at end insert—
“(4A) Notification under subsection (4) must include a written summary of—
(a) the compensation schemes available to a relevant person following a quashed conviction under section 1(1);
(b) the relevant heads of loss under which a relevant person may claim compensation; and
(c) a tariff of compensation available relating to each of the heads of loss mentioned in paragraph (b).”
Amendment 4, page 3, line 34, at end insert—
“(4A) Notification under subsection (4) must include a written commitment from the Secretary of State that—
(a) the period of time between a full and valid claim for compensation and an offer of compensation will not exceed four weeks; and
(b) if the offer is not made within the four week period mentioned in paragraph (a), a fixed penalty amount will be added to the ultimate compensation sum for each day by which the four week period is exceeded.”
Amendment 5, page 3, line 34, at end insert—
“(4A) Notification under subsection (4) must include a written commitment from the Secretary of State to use reasonable endeavours to ensure that the period of time between a full and valid claim for compensation and an offer of compensation will not exceed four weeks.”
Government amendments 42 to 44.
Clause 4 stand part.
Government amendments 45 and 46.
Amendment 6, in clause 5, page 4, line 18, at end insert—
“(3A) Notification under subsection (3) must include a written summary of—
(a) the compensation schemes available to a relevant person following a direction to delete a caution under section 5(1);
(b) the relevant heads of loss under which a relevant person may claim compensation; and
(c) a tariff of compensation available relating to each of the heads of loss mentioned in paragraph (b).”
Amendment 7, page 4, line 18, at end insert—
“(3A) Notification under subsection (3) must include a written commitment from the Secretary of State that—
(a) the period of time between a full and valid claim for compensation and an offer of compensation will not exceed four weeks; and
(b) if the offer is not made within the four week period mentioned in paragraph (a), a fixed penalty amount will be added to the ultimate compensation sum for each day by which the four week period is exceeded.”
Amendment 8, page 4, line 18, at end insert—
“(3A) Notification under subsection (3) must include a written commitment from the Secretary of State to use reasonable endeavours to ensure that the period of time between a full and valid claim for compensation and an offer of compensation will not exceed four weeks.”
Government amendment 47.
Clauses 5 and 6 stand part.
Government amendments 48 to 51.
Clause 7 stand part.
Government amendments 52 and 53.
Amendment 70, page 5, line 39, after “as” insert “Pathway,”.
This amendment would provide additional clarity by ensuring that the application called Pathway, which was rolled out as a pilot version of Horizon, is explicitly referenced as a Horizon system for the purposes of the Bill.
Government amendments 54 and 55.
Clause 8 stand part.
Government amendment 56.
Amendment 71, page 6, line 26, at end insert—
“(3) This Act expires at the end of the period of 2 years beginning with the day on which it is passed.”
Clauses 9 and 10 stand part.
Government new clauses 2 and 3.
New clause 1—Provision relating to Northern Ireland—
“(1) The Secretary of State must consult the First Minister and deputy First Minister about making provision for quashing any conviction in Northern Ireland for an equivalent “relevant offence” (see section 2) alleged to have been committed in Northern Ireland.
(2) The Secretary of State may make regulations to apply the provisions of this Act, with any necessary modifications to take account of the law and legal system in Northern Ireland, to secure the quashing of any conviction in Northern Ireland for an equivalent “relevant offence” (see section 2).
(3) Unless the First Minister and deputy First Minister acting jointly advise to the contrary, the Secretary of State must lay before Parliament a draft of regulations to be made under subsection (2) no later than one week after the day on which this Act is passed.
(4) Regulations under this section are to be made by statutory instrument and may not be made unless a draft of the instrument has been laid before, and approved by resolution of, each House of Parliament.
(5) Subject to subsection (4) of this section, section 7 of this Act applies to other regulations made under this section.”
This skeleton clause would require comparable provision to be made to quash convictions in Northern Ireland on the same basis as in England and Wales.
New clause 6—Statement on quashing convictions relating to Capture software—
“The Secretary of State must, no later than 30 days after the day on which this Act is passed, make a written statement to Parliament outlining action the Government intends to take to secure the quashing of convictions of persons carrying on a Post Office business while using the Capture software from 1992 onwards.”
Government amendments 23 and 24.
Kevin Hollinrake
It is a pleasure to serve with you in the Chair, Dame Rosie. Given the nature of this debate, in moving the Government amendments, I will also use my speech to discuss the other amendments that have been tabled.
First, I will address the Government amendments in the name of the Secretary of State relating to Northern Ireland: 23 and 24, 26 to 44, and 46 to 56, as well as new clauses 1 to 3. I am grateful to the House for agreeing to the Government’s instruction motion to enable debate on these important amendments. The Government have listened carefully to representations across the House regarding the extension of the Bill to Northern Ireland. We recognise the unique challenges faced by the Northern Ireland Executive in bringing forward legislation to quash convictions to a similar timeframe as the rest of the UK.
Gavin Robinson (Belfast East) (DUP)
I just want to put on record, in Committee, the Democratic Unionist party’s sincere and personal appreciation of the Minister for how he has engaged with us, the pragmatic way he has approached these issues, and the can-do attitude he has extended to Northern Ireland. We have met on a number of occasions. He has received the thorough representations of my right hon. Friend the Member for East Antrim (Sammy Wilson) and colleagues across the House, not least Ministers in the Northern Ireland Executive. We are indebted to him. We recognise that this is a huge step forward for the sub-postmasters in Northern Ireland who felt there would not be light at the end of the tunnel. He has extended the Bill very purposefully for all those affected in Northern Ireland, and we thank him for it.
Kevin Hollinrake
I am very grateful to the right hon. Gentleman for his kind words. It is a pleasure to work with him and his colleagues from Northern Ireland. We were always sympathetic to his arguments and are delighted to have been able to move forward as we have.
Jim Shannon (Strangford) (DUP)
Following on from my right hon. Friend the Member for Belfast East (Gavin Robinson), it is fair to say that a week ago or even a month ago, the 23 sub-postmasters and sub-postmistresses in Northern Ireland had little hope. Today, they have hope and that is due to the Minister’s endeavours on their behalf, pushing this issue and the Government’s acceptance. On behalf of the 23, we would like to say a big thank you to the Minister and the Government.
Kevin Hollinrake
I am very grateful. The hon. Gentleman is right to address the point about the 23 sub-postmasters. They are why we are here and why we are keen to act in this way. We recognise that there were specific circumstances in Northern Ireland that would have delayed the exoneration and compensation to those individuals, and that is why we are acting as we are today. It is always a pleasure to work with him, as I have on many different issues over the years.
Issues include the Executive’s recent restoration and additional public consultation requirements, which the House debated on Second Reading. In deciding to take this step, the Government recognised the extent of cross-community support for the extension of the Bill to Northern Ireland. For those reasons, we have decided to put forward Government amendments which would extend the scope of the Bill to Northern Ireland. I am very grateful to have cross-party support from Members representing Northern Ireland constituencies in co-signing Government amendments, specifically the right hon. Members for Belfast East (Gavin Robinson) and for East Antrim (Sammy Wilson), and the hon. Members for East Londonderry (Mr Campbell), for Strangford (Jim Shannon), for North Antrim (Ian Paisley), for North Down (Stephen Farry), for South Antrim (Paul Girvan), for Upper Bann (Carla Lockhart) and for Belfast South (Claire Hanna).
The amendments, which have been drafted in consultation with the Northern Ireland Executive, empower the Northern Ireland Department of Justice to implement the legislation in the same way as the Secretary of State will in England and Wales. The amendments would modify the criteria for the convictions which are overturned to ensure that the relevant convictions from Northern Ireland are captured within its scope. Specifically, they would add those secured by the Public Prosecution Service for Northern Ireland and refer to distinct Northern Ireland offences. Additionally, this group of amendments would ensure that the relevant cautions will be deleted in Northern Ireland, as they will be in England and Wales. The amendments have the same intent as new clause 1, tabled by the hon. Member for North Antrim, so I hope he will be happy to withdraw it on that basis.
On amendment 1, in the name of the right hon. Member for Birmingham, Hodge Hill (Liam Byrne), I thank him for his continued engagement on the Bill and on wider Horizon matters. It is vital that we stay true to our objective of bringing justice to wrongly convicted postmasters, but it is also important to keep in mind the constitutionally sensitive nature of the Bill. We should legislate in a way that respects the separation of powers and the independence of the judiciary. This amendment would widen the scope of the Bill to include convictions that have been upheld by the Court of Appeal. It would automatically quash such convictions, thereby overriding decisions taken by the senior judiciary. These cases are excluded from the Bill because the Government believe that it should tread very carefully where judges in the senior appellate courts have considered a case on its merits. We do not consider it appropriate for Parliament to interfere with such decisions.
Liam Byrne (Birmingham, Hodge Hill) (Lab)
I am grateful to the Minister for giving way on this point and, indeed, for the way he is approaching it. The Chairman of the Justice Committee sent him an excellent letter last week in which he underlined that almost all the witnesses before his Committee agreed that it was unfair for the Bill to take a restrictive approach, in the way the Minister has, while taking a rather expansive approach elsewhere. I know the Minister has written back to the Chairman of the Justice Committee, but his letter did not touch on this point. I wonder whether he will take the opportunity to wrap that up for us.
Kevin Hollinrake
I thank the right hon. Gentleman and my hon. and learned Friend the Member for Bromley and Chislehurst (Sir Robert Neill) for their work. We take these matters and the independence of the judiciary very seriously. Where the Court of Appeal has upheld a conviction and declared it safe, we think that is a material concern. There will always be different opinions in these areas, but we think we are striking the right balance between overturning convictions that we believe to be unsafe in the main and ones that have been before a senior judge.
Sir Robert Neill (Bromley and Chislehurst) (Con)
I, too, pay tribute to the Minister for the extremely constructive way in which he has engaged with everybody on this matter. My initial position was entirely supportive of the Government, but I must say that the evidence given to the Justice Committee causes me to think again. It is usually right to be very wary indeed about trespassing on decisions made by the courts. However, we have chosen to do that because it is thought desirable for the greater good in respect of the bulk of convictions.
The point that needs to be emphasised is that we have perhaps not appreciated that, in cases where convictions were upheld by the Court of Appeal, it applied a narrower test to the relevance of the Horizon evidence. In Hamilton and related cases, it said that the test was whether the Horizon evidence was essential to the conviction. We do not apply that test as a result of a policy decision. That could lead to a bizarre situation whereby someone who did not get to the Court of Appeal because the Criminal Cases Review Commission did not refer the case would have their conviction quashed, whereas someone who the commission thought had an arguable case and who went to the Court of Appeal but who was rejected on a narrower test than Parliament is now creating would not benefit from having their conviction quashed. That is the unfairness that we need to think a little more about, and it is the thrust of what the right hon. Member for Birmingham, Hodge Hill (Liam Byrne) is getting at.
Kevin Hollinrake
There will, of course, always be different legal opinions on these matters. As my hon. and learned Friend expressed, he has had two different opinions on what we should do in this regard, and I know that his view is based on further submissions of evidence that he has received. Of course, we consider these matters very carefully. My right hon. and learned Friend the Justice Secretary is here and listening to my hon. and learned Friend’s comments. We will always continue to reflect on this legislation to make sure that we are getting to the right place, but I understand the points that he raises.
Sir Robert Neill
There were certainly differences of opinion as to the appropriateness of the measure as a whole, with Dr Quirk being in a minority of three who took a different view, but there was not a difference of opinion on the factual point that the test applied by the Court of Appeal in Hamilton is different from that which is in statute. That was a matter of unanimity.
Kevin Hollinrake
I understand and accept that point, but a decision has to be taken on whether to include these cases. There is definitely a difference of legal opinion on that point, because I have had different representations made to me.
We recognise that this approach may leave a small number of individuals concerned about the way forward for their cases. In cases where the Court of Appeal has upheld a conviction, the usual routes of appeal remain available to them. Those affected can apply to the Criminal Cases Review Commission, which can review their cases.
Mr Kevan Jones (North Durham) (Lab)
The Minister knows that we on the advisory board have discussed this issue at length. Given what has come out of the inquiry over the last few weeks, does he agree that there is evidence that may have a bearing on some of these cases? I accept why he does not want to include them in this Bill, but we need to look at some of these cases to see whether there are grounds for appeal.
Kevin Hollinrake
Of course, and I am listening intently to the evidence before the inquiry. It is true to say there are some shocking revelations. As the right hon. Gentleman illustrated in his work with the advisory board, there was a maliciousness about some of the prosecutions, which is of great concern, as is the flawed Horizon system. Part of the reason why we are legislating as we are reflects that, but we will continue to look at the evidence that emerges.
Liam Byrne
If that is the approach that the Minister is going to take, could he tell the House a bit more about how his Department will support individuals who find themselves in this egregious position? As my right hon. Friend the Member for North Durham (Mr Jones) said, evidence will now have come to light that was not available to the Court of Appeal or, indeed, to courts that may have refused leave to appeal. Those individuals will be in a terrible state now. What can his Department do, and on what timetable, to support them through the process that he proposes they take?
Kevin Hollinrake
The right hon. Gentleman makes the point himself: as more evidence emerges, it may be that the CCRC takes a different view of cases that are brought forward. People who have presented their cases can revisit them by making an application to the Criminal Cases Review Commission, which can make recommendations as it sees fit. Clearly, we are happy to provide any information that we possess, and the Post Office will do the same. As I say, the inquiry’s revelations may bring information that would help in some cases. The CCRC may refer cases to the Court of Appeal if it considers that there is a real possibility that convictions would not be upheld. With the constitutional sensitivities in mind, I hope the right hon. Member will agree to withdraw his amendment.
I turn now to amendments 3 and 6, tabled in the name of the right hon. Member for Birmingham, Hodge Hill. These amendments would require the Secretary of State to include details of available financial redress in notifications to people who have had their convictions quashed, or cautions deleted, by this Bill. The amendments come as part of a number of recommendations by the Business and Trade Committee, to which the Government have since provided our response. I can reassure the right hon. Gentleman and the whole Committee that we will include information about redress in the notifications that we send to postmasters when their convictions are overturned. Our aim is that the redress process will follow seamlessly from the process of overturning convictions—there is no need to legislate for this. Those with cautions may have already sought financial redress via the Horizon shortfall scheme or the group litigation order scheme. We will provide them with the necessary guidance to identify the appropriate route to claim financial redress, if they have not done so already.
Liam Byrne
I am grateful to the Minister for clarifying these points as we go along. He will know that many sub-postmasters have not applied for the full extent of their potential claim because they are unsure about the case law involved, and I understand that the Department is using some guidance in making judgments—for example, the Dyson judgment, which is not publicly available, for perfectly good reasons. There is a bit of creativity going into how we solve this problem. The Post Office wrote to me last night to say that, on the Horizon scheme, it is recording the heads of loss and the averages of claims that are being agreed, which could be one of the ways in which sub-postmasters are given a sense of what the tariff is. Could the Minister say a bit more about how we absolutely guarantee in the notification that we maximise the chance of sub-postmasters claiming the maximum possible amount that they should be entitled to?
Kevin Hollinrake
We have tried to design the schemes in conjunction with the legal firms that are advising most of the claimants on claiming redress. We will continue to work with them, as we do with the advisory board, and there are different mechanisms that we can use to make this process simpler, more transparent and easier to navigate. Clearly, cases will differ, despite similarities, so if we go down the full assessment route, it is important that all claims be assessed individually, which obviously takes time. If there are mechanisms that we can use—for example, the tariffs that the right hon. Gentleman describes—to expedite the process, we would be happy to look at them. We will continue to work with the advisory board on that.
Vicky Ford (Chelmsford) (Con)
I had hoped that my hon. Friend was going to speak to amendment 70 as well. I just so pleased that we are going through the legislation today, because it is so important for so many people. I have written to him about my constituent who came to see me about her husband, who was a sub-postmaster. He had been written to by the Post Office, who had told him about his exceptional bookkeeping. He then discovered an unexplained loss in the amounts. He called the auditors; they came in, and they locked him out of his business. They searched his home. They did not find any evidence, but they took away his business, his home, his livelihood and his reputation. We have heard that so many times. The only difference is that this happened in 1992, under the precursor system to Horizon. Amendment 70 mentioned the Pathway system. My constituent was using something called Capture. Fortunately the case was dropped before it got to criminal court. I know that the Minister is looking at whether there were more of these Capture cases. When the legislation comes before the other place, can we make sure that, if needed, it can also quash any criminal convictions due to Capture, or other precursor systems, as well as Horizon?
Kevin Hollinrake
I will speak to amendment 70. I wrote back to my right hon. Friend about her case, and we are looking at this. I am sure that the right hon. Member for North Durham (Mr Jones) will have something to say about this issue. We have agreed to instigate an independent review of that software. There are some fundamental differences. For example, it is not networked, so no remote access is possible, whereas that is a major feature of the issues with Horizon. I am happy to continue to engage with my right hon. Friend on the issue, and I congratulate her on the way she has dealt with it on behalf of her constituent.
My hon. and learned Friend the Member for Bromley and Chislehurst’s amendment 71 would also sunset other parts of the Bill. This would not give victims of the scandal the justice that they deserve. We are clear—there has been agreement across this House on this—that this exceptional legislation does not set a precedent, and I hope, especially with the reassurance provided by Government amendments 25 and 45, that he will withdraw amendment 71.
Sir Robert Neill
I understand where the Minister is coming from, and of course he has provided a deal of reassurance, but I want to test this a little. Are we really assuming that it will be necessary to leave open-ended people’s ability to come forward to have their conviction quashed? After all, if they cannot reasonably be traced, there is provision for the Secretary of State to notify an appropriate person. For example, if we cannot find the person—or their next of kin, if they are dead—there is a catch-all provision about notifying an appropriate person. Why could that not include the criminal records bodies? Would they not be notified anyway? I just wonder why we have to leave the provision open-ended to that extent. There will come a point when the provision has been exhausted. Also, I am interested in how my hon. Friend envisages a process working through which people can get a document that shows that their conviction is quashed—for example, if they need a visa or work permit, or have to undergo Disclosure and Barring Service checks.
Kevin Hollinrake
As I said, the legislation expires on the day that the provision is brought into effect. My hon. and learned Friend is talking about the ongoing marking of the records of people who may come forward at a future date. We do not know what that date would be. I am happy to have a conversation with him about what the cut-off would be, but the effect of this legislation, in terms of quashing convictions, expires on the day it receives Royal Assent.
Sir Robert Neill
I understand that, and I can see my hon. Friend’s point, hence the two amendments. My point is that he is praying in aid, as another reason for not having a sunset clause, the provisions for notifying people about applying to have their convictions quashed. What is the mechanism to make sure that does not hang around indefinitely? We will eventually want to bring things to a conclusion—not only getting convictions quashed, but, quite separately, paying out the compensation fund. One day, all the compensation that can be claimed will have been claimed. What do we do then? How do we wrap up the process? That is what it comes down to.
Kevin Hollinrake
As I said, I am happy to have a continuing conversation with my hon. and learned Friend on that point. I feel that it would be a serious injustice if we set, say, a three year cut-off period and somebody came along a day later. Those are the challenges that we have to meet.
Liam Byrne
In a way, this is the core of the debate about where the four corners of the Bill should stretch to. The hon. and learned Member for Bromley and Chislehurst (Sir Robert Neill) makes a very good point: at some point, there should be a sunset on such unprecedented legislation. At the moment, there are no limits to its expansiveness in terms of time, but the Minister has set a limit on its expansiveness in terms of the individuals involved, because he is ruling out those who have gone through the Court of Appeal. The Bill would benefit from further discussion, perhaps in the other place, about precisely where the four corners should be pinned down.
Kevin Hollinrake
I would welcome that discussion, and I will follow it closely in the other place.
The controversial element of this unprecedented, exceptional legislation is the overturning of the convictions, because we are interfering with the courts by legislating in this way. The convictions expire on day one. All that happens further on from that is the marking of the records, which is not the controversial part. The controversial part is the interference with the courts. Again, I am happy to have a continuing conversation with the right hon. Gentleman.
New clause 7, in the name of the right hon. Member for Orkney and Shetland (Mr Carmichael), would require the establishment of an independent intermediary body to administer financial redress to individuals whose convictions are quashed by the Bill. I also acknowledge the Business and Trade Committee’s recommendation on a similar point.
I assure the Committee that we are building independence into the process of making financial redress. Final decisions will, if necessary, be made by an independent panel comprising a King’s counsel, an accountant and a retail expert. The panel will have a case manager, who will ensure that cases are settled fairly, swiftly and in a non-adversarial manner. I have been clear throughout my work that we should put the victims of the scandal back in the position that they would have been in, and that we should move as quickly as possible. We feel that it would take months to set up an independent intermediary, and that it would add additional steps to the process and risk creating unnecessary bureaucracy.
Mr Alistair Carmichael (Orkney and Shetland) (LD)
If my new clause had been selected for debate, I would probably not seek to press it. I am not in a position to do anything more, but I thank the Minister for his assurances on independence.
The First Deputy Chairman of Ways and Means (Dame Rosie Winterton)
As the new clause was not selected, we probably should not be discussing it.
Kevin Hollinrake
My apologies, Dame Rosie. I will move on with pleasure.
Penultimately, I turn to new clause 6. I thank the right hon. Member for North Durham for all his work seeking justice for the former sub-postmasters and, indeed, on the Horizon compensation advisory board. My officials have been working closely with him, as have I, and he will be aware that we have set in train the process of appointing an independent forensic investigator to look into the Capture software, now that the Post Office has addressed concerns about it. Obviously, this relates to my right hon. Friend the Member for Chelmsford (Vicky Ford), who is no longer in her place.
This follows on from the useful meeting that the right hon. Member for North Durham and I had with a sub-postmaster and his wife who wanted to talk to me about his experiences. My officials have spoken to other affected sub-postmasters, too. New clause 6 would require the Secretary of State to make a statement within 30 days of Royal Assent. As the Committee knows, we aim to complete the Bill’s passage very quickly, so a statement may be due quite soon. In practice, we feel it would be too soon, and time is needed to identify and appoint the right person for this role, and for the investigator to complete their work and offer an independent conclusion.
Mr Kevan Jones
Clause 2(2) mentions 23 September 1996. Is the Minister saying that any ICL Pathway system installed in post offices, even prior to that date, will be captured by the Bill?
Kevin Hollinrake
Certainly, if we regard it as a pilot system of Horizon, that would be the case, as drafted.
Mr Kevan Jones
So is the date irrelevant? I have spoken to one person whose prosecution might have been 1996, but there is evidence that the Pathway system was in place before that date in 1996.
Kevin Hollinrake
That is not what we understand from the Post Office, but I am happy to continue our discussions, as I always do, to make sure that every relevant person affected by Horizon or its pilot systems is covered.
Several hon. Members rose—
Kevin Hollinrake
I will tackle the points that have been made as briefly as possible. The Chair of the Business and Trade Committee, the right hon. Member for Birmingham, Hodge Hill (Liam Byrne), is right to say that £196 million has been paid out so far. This legislation will open the door to a lot more compensation, and it should go out rapidly to victims of prosecutions. Also, we expect that number to rise significantly with the introduction of the fixed-sum award of £75,000 for Horizon shortfall scheme claimants. To be clear, around 70% of claims submitted in time have been settled, following the final settlement for those individuals, so we are making progress, but we are determined to make more. Certainly, we are working with the Horizon compensation advisory board to ensure that that is the case. We are very happy to get into the weeds and nitty-gritty of this; we do that daily. The right hon. Gentleman said that, for whatever reason, I may not always be the Minister with this brief. I am very happy to help whoever takes over the brief when that happens, should more help be needed.
Yes, we are keen to accelerate the timescales right across the piece for the GLO scheme. As I say, we are hitting our target of making 90% of first offers within 40 days, but we will come forward with more service-level agreements for other schemes. I am very happy to work alongside the right hon. Member for Birmingham, Hodge Hill on that.
Liam Byrne
I am grateful for that reassurance. Does the Minister think that he will have the service-level agreements for the overturned convictions scheme on the table before the Bill is sent for Royal Assent?
Kevin Hollinrake
Yes. The right hon. Gentleman asked about tariffs. We are keen to do whatever we can to make the process quicker, easier, clearer and more transparent. We are taking that away and looking at it right now.
Of course, legal advice is available prior to the submission of a claim to the Horizon overturned convictions and compensation scheme, as it is in the GLO. It is only in the HSS, which was seen as non-adversarial, that that does not apply prior to the offer being made, but legal advice is available after that point.
We are obviously keen to continue discussing the cases that are before the Court of Appeal. We will certainly respond in due course to the letter from the Chair of the Justice Committee, my hon. and learned Friend the Member for Bromley and Chislehurst (Sir Robert Neill).
Liam Byrne
I am grateful to the Minister for taking a final intervention. It is maybe a non-adversarial process, but it is none the less an intimidating one that involves a complicated 16-page form that takes several hours to fill in. That is the equivalent of several thousand pounds-worth of legal assistance. At the moment, such assistance is being provided pro bono by those with some experience, but I hope that the Minister will look at the matter again.
Kevin Hollinrake
I am happy to look at that. I should point out that a lot of the 16-page form is legalese. Only about four pages of it is actually stuff that needs to be filled in, but I understand the right hon. Gentleman’s point, and the advisory board has made a recommendation for an independent appeals process for this scheme as well, which we are looking at.
I thank my hon. and learned Friend the Member for Bromley and Chislehurst for his work on the issue with the Justice Committee. I agree that what is before us is the least worst option, and I am glad that the legal fraternity is coming to the same opinion. We will respond to his letter of 24 April, particularly on the Court of Appeal cases. There are 13 cases—seven before the Court of Appeal, and six that have been refused leave to appeal—and I am very happy to look at them, and to continue our conversations. I understand the potential injustices around those cases. We will also have a look at his point about subsection (4)(b) of clause 2, to make sure that there are no unintended consequences from the legislation.
I thank the right hon. Member for North Durham (Mr Jones) for all his work on the advisory board. He has talked about my persuasive powers; I think the ITV series was far more persuasive than I was in moving things on and getting us to where we are today, but certainly, following his recommendations, which were made before the series aired, we were looking at ways to expedite the overturning of convictions, and some of the Bill is based on those recommendations. As I say, we are looking at the Capture software through the independent review. We have both met with Mr and Mrs Marston, and their story, like many others, was compelling.
The right hon. Gentleman raised the issue of the date range, which is dealt with in subsection (2)(a) of clause 2, under which the offence has to have taken place between 23 December 1996 and the later date. If an offence was committed at an earlier date, it would be excluded under the legislation. We need a conversation with the right hon. Gentleman about that, but the independent review should inform our debate going forward. It is easier to include Horizon than other things that were not directly connected to Horizon, as the court has found convictions unsafe on the basis of Horizon evidence. That is why we are able to legislate in this way.
I thank the hon. Member for North Antrim (Ian Paisley) for his kind words. It is important to recognise that all of us are here to do the right thing, and it is a pleasure to have the opportunity to do so in this way, on a cross-party basis. We are very pleased to be able to agree with the DUP’s wishes that Northern Ireland be included in the legislation, particularly for the sake of the 23 postmasters in Northern Ireland who have suffered as a result of Post Office actions.
I also thank the shadow Minister, the hon. Member for Bethnal Green and Bow (Rushanara Ali), and her Front-Bench colleagues for their support. We are very keen to make sure that Fujitsu contributes—it has agreed to do so, and has a moral obligation to do so. My Secretary of State, who has been massively supportive of all my work on these issues, has met Fujitsu’s global chief executive officer, and we expect to provide more news to the House in due course.
With that, I commend the Government amendments to the House.
Amendment 25 agreed to.
Amendments made: 27, page 1, line 9, after “Appeal” insert “in England and Wales.”
This amendment is consequential on amendment 26.
Amendment 26, page 1, line 9, at end insert—
“(2A) This Act also applies to a conviction in Northern Ireland for a relevant offence where—
(a) the conviction took place before the coming into force of this Act,
(b) the offence was prosecuted by the Police Service of Northern Ireland, the Director of Public Prosecutions for Northern Ireland or the Public Prosecution Service for Northern Ireland, and
(c) the conviction has not been considered by the Court of Appeal in Northern Ireland.”
This amendment provides for convictions in Northern Ireland for relevant offences to be quashed.
Amendment 28, page 1, line 12, at end insert
“in England and Wales or in Northern Ireland.”—(Kevin Hollinrake.)
This amendment is consequential on amendment 26.
Clause 1, as amended, ordered to stand part of the Bill.
Clause 2
Meaning of “relevant offence”
Amendments made: 29, page 2, line 32, at end insert
“or section 17 of the Theft Act (Northern Ireland) 1969;”.
This amendment, and amendments 30 to 33, add the equivalent offences for Northern Ireland to the list in clause 2(3).
Amendment 30, page 2, line 35, after “1968” insert
“or section 15 or 15A of the Theft Act (Northern Ireland) 1969”.
See the explanatory statement for amendment 29.
Amendment 31, page 2, line 37, leave out “that Act” and insert
“the Theft Act 1968 or section 19(1) or (2) of the Theft Act (Northern Ireland) 1969”.
See the explanatory statement for amendment 29.
Amendment 32, page 2, line 41, at end insert
“or section 21 of the Theft Act (Northern Ireland) 1969;”.
See the explanatory statement for amendment 29.
Amendment 33, page 3, line 1, at end insert
“or section 1(1) of the Theft Act (Northern Ireland) 1969.”—(Kevin Hollinrake.)
See the explanatory statement for amendment 29.
Clause 2, as amended, ordered to stand part of the Bill.
Clause 3
Determining when a conviction has been considered by Court of Appeal
Amendment made: 34, page 3, line 15, at end insert—
“(6) In this section “the Court of Appeal” means—
(a) in the case of a conviction in England and Wales, the Court of Appeal in England and Wales;
(b) in the case of a conviction in Northern Ireland, the Court of Appeal in Northern Ireland.”—(Kevin Hollinrake.)
This amendment is consequential on the extension of the Bill to Northern Ireland.
Clause 3, as amended, ordered to stand part of the Bill.
Clause 4
Identification and notification of quashed convictions
Amendments made: 35, page 3, line 17, leave out “Secretary of State” and insert “appropriate authority”.
This amendment, and amendments 36 to 43, provide for the functions of the Secretary of State under clause 4 to be exercisable in Northern Ireland by the Department of Justice in Northern Ireland.
Amendment 36, page 3, line 18, at end insert—
“(1A) In this section “the appropriate authority” means—
(a) in the case of convictions in England and Wales, the Secretary of State;
(b) in the case of convictions in Northern Ireland, the Department of Justice in Northern Ireland.”
See the explanatory statement for amendment 35.
Amendment 37, page 3, line 19, leave out “Secretary of State” and insert “appropriate authority”.
See the explanatory statement for amendment 35.
Amendment 38, page 3, line 20, leave out “Secretary of State” and insert “authority”.
See the explanatory statement for amendment 35.
Amendment 39, page 3, line 25, leave out “Secretary of State” and insert “appropriate authority”.
See the explanatory statement for amendment 35.
Amendment 40, page 3, line 26, leave out “Secretary of State” and insert “authority”.
See the explanatory statement for amendment 35.
Amendment 41, page 3, line 32, leave out “Secretary of State” and insert “authority”.
See the explanatory statement for amendment 35.
Amendment 42, page 3, line 36, leave out “Secretary of State” and insert “appropriate authority”.
See the explanatory statement for amendment 35.
Amendment 43, page 3, line 37, leave out “Secretary of State” and insert “authority”.
See the explanatory statement for amendment 35.
Amendment 44, page 3, line 37, leave out “in England and Wales”.—(Kevin Hollinrake.)
This amendment is consequential on the extension of the Bill to Northern Ireland.
Clause 4, as amended, ordered to stand part of the Bill.
Clause 5
Deletion of cautions for relevant offences
Amendments made: 45, page 4, line 3, after “has” insert
“before the coming into force of this Act”.
This amendment makes it clear that clause 5 applies only in relation to cautions given before the coming into force of the Act.
Amendment 46, page 4, line 5, before “criminal” insert “UK”.
This amendment is consequential on amendment NC2.
Amendment 47, page 4, line 27, before “criminal” insert “UK”.—(Kevin Hollinrake.)
This amendment is consequential on amendment NC2.
Clause 5, as amended, ordered to stand part of the Bill.
Clause 6 ordered to stand part of the Bill.
Clause 7
Power to make further consequential provision
Amendments made: 48, page 5, line 7, leave out
“an Act of Parliament passed”
and insert
“primary legislation passed or made”.
This amendment is consequential on the extension of the Bill to Northern Ireland.
Amendment 49, page 5, line 8, at end insert—
“(2A) But regulations under this section may not make any provision which is transferred Northern Ireland provision for the purposes of section (Power of Department of Justice to make further consequential provision).”
This amendment is consequential on amendment NC3.
Amendment 50, page 5, line 15, leave out “an Act of Parliament” and insert “primary legislation”.
This amendment is consequential on the extension of the Bill to Northern Ireland.
Amendment 51, page 5, line 20, at end insert—
“(6) In this section “primary legislation” means—
(a) an Act of Parliament, or
(b) Northern Ireland legislation.”—(Kevin Hollinrake.)
This amendment is consequential on the extension of the Bill to Northern Ireland.
Clause 7, as amended, ordered to stand part of the Bill.
Clause 8
Interpretation
Amendments made: 52, page 5, line 23, at end insert—
“(a) in the case of England and Wales—”.
This amendment is consequential on amendment 53.
Amendment 53, page 5, line 30, at end insert—
“(b) in the case of Northern Ireland, any caution (including a restorative caution) given to a person in Northern Ireland in respect of an offence which, at the time the caution is given, the person has admitted;”.
This amendment makes provision about the meaning of “caution” in relation to Northern Ireland.
Amendment 54, page 6, line 9, after “Wales” insert “or Northern Ireland”.
This amendment is consequential on the extension of the Bill to Northern Ireland.
Amendment 55, page 6, line 21, at end insert—
“(c) Article 6 of the Criminal Justice (Northern Ireland) Order 1996 (S.I. 1996/3160 (N.I. 24)).”—(Kevin Hollinrake.)
This amendment is consequential on the extension of the Bill to Northern Ireland.
Clause 8, as amended, ordered to stand part of the Bill.
Clause 9
Extent and commencement
Amendment made: 56, page 6, line 25, leave out “only” and insert “and Northern Ireland”.—(Kevin Hollinrake.)
This amendment provides for the Bill to extend to Northern Ireland (as well as to England and Wales).
Clause 9, as amended, ordered to stand part of the Bill.
Clause 10 ordered to stand part of the Bill.
New Clause 2
Deletion of cautions for relevant offences: Northern Ireland
“(1) If it appears to the Department of Justice in Northern Ireland (“the Department”) that a person has before the coming into force of this Act been cautioned in Northern Ireland for a relevant offence, the Department must direct the Chief Constable to delete details, contained in relevant criminal records, of the caution.
(2) As soon as is reasonably practicable after receiving a direction under subsection (1), the Chief Constable must delete the details of the caution.
(3) Where the Department gives a direction under subsection (1) in relation to a person’s caution, the Department—
(a) must take all reasonable steps to notify the person, or, if the person is no longer alive, the person’s personal representatives, that the direction has been given, or
(b) if it is not reasonably practicable to give a notification under paragraph (a), must take all reasonable steps to—
(i) identify some other person whom the Department considers it is appropriate to notify, and
(ii) notify that person that the direction has been given.
(4) For the purposes of this section, the Department must, in particular, consider any representations made to it which claim that a person has been cautioned in Northern Ireland for a relevant offence, whether or not made by that person.
(5) In this section—
“the Chief Constable” means the Chief Constable of the Police Service of Northern Ireland;
“the Northern Ireland criminal records database” means the names database maintained by the Department for the purpose of recording convictions and cautions;
“relevant criminal records” means—
(a) the Northern Ireland criminal records database, and
(b) the UK criminal records database;
“the UK criminal records database” means the names database held by the Secretary of State for the use of constables.”—(Kevin Hollinrake.)
This new clause makes provision for Northern Ireland corresponding to that made by clause 5.
Brought up, read the First and Second time, and added to the Bill.
New Clause 3
Power of Department of Justice to make further consequential provision
“(1) The Department of Justice in Northern Ireland may by regulations make provision that—
(a) is consequential on any provision made by this Act, and
(b) is transferred Northern Ireland provision.
(2) For the purposes of this section “transferred Northern Ireland provision” means provision that—
(a) would be within the legislative competence of the Northern Ireland Assembly if it were contained in an Act of that Assembly, and
(b) would not, if it were contained in a Bill in the Northern Ireland Assembly, result in the Bill requiring the consent of the Secretary of State under section 8 of the Northern Ireland Act 1998.
(3) The power to make regulations under this section may, in particular, be exercised by amending or modifying any provision made by or under primary legislation passed or made before, or in the same session of Parliament as, this Act.
(4) Regulations under this section—
(a) may make different provision for different purposes;
(b) may contain supplementary, incidental, consequential, transitional or saving provision.
(5) The power to make regulations under this section is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)).
(6) Regulations under this section that amend any provision of primary legislation may not be made unless a draft of the regulations has been laid before, and approved by a resolution of, the Northern Ireland Assembly.
(7) Any other regulations under this section are subject to negative resolution within the meaning given by section 41(6) of the Interpretation Act (Northern Ireland) 1954.
(8) In this section “primary legislation” has the same meaning as in section 7.”—(Kevin Hollinrake.)
This new clause confers power on the Department of Justice in Northern Ireland to make consequential provision as a result of the Bill.
Brought up, read the First and Second time, and added to the Bill.
Title
Amendments made: 23, line 1, after “Wales” insert “and Northern Ireland”.
This amendment is consequential on the extension of the Bill to Northern Ireland.
Amendment 24, line 4, after “Wales” insert “or Northern Ireland”.—(Kevin Hollinrake.)
This amendment is consequential on the extension of the Bill to Northern Ireland.
The Deputy Speaker resumed the Chair.
Bill, as amended, reported.
Bill, as amended in the Committee, considered.
Third Reading
The Secretary of State for Business and Trade (Kemi Badenoch)
I beg to move, That the Bill be now read the Third time.
Hon. Members will need no reminder of the significance of this Bill. This legislation will, I hope, bring some much-needed relief and closure to those caught up in one of the greatest miscarriages of justice in our nation’s history. For the postmasters wrongfully accused of, and convicted and punished for, crimes they never committed, this Bill means hard-won exoneration, with their convictions wiped clean from the slate.
A wrong is finally being put right but, as hon. Members know, these postmasters will also receive the fair compensation they deserve through the Horizon conviction redress scheme; this will be delivered by my Department rather than the Post Office. While the scale of the Government’s response in this case is extraordinary, I am keen to remind hon. Members that it does not set a precedent for our involvement in other judicial matters. I know this sentiment has been echoed across this House during debates on the Bill. We have chosen this path because the sheer extent of the Post Office’s prosecutorial misconduct is an affront to justice in and of itself. It demanded an exceptional response from Government.
That is why I was glad to see this Bill being welcomed on both sides of the House on Second Reading. There is, I believe, a unanimous consensus that the provisions of this legislation are needed to bring justice to postmasters who have suffered too much for far too long.
Bob Seely (Isle of Wight) (Con)
I am sorry to intervene on Third Reading. The Secretary of State is talking about justice for postmasters and mistresses, which is completely right, but I want to ask one question about the policy aspect of this. I and other Members have had postmasters who have written to us who have not been prosecuted but found that the Horizon system was working badly and had to top up out of their own money when Horizon was reporting losses due to faults in the system. What is their redress route if they are now saying, “I was hundreds of pounds out of pocket because I was having to make up the difference”?
Kemi Badenoch
We have devised the Horizon shortfall scheme to deal with those specific situations and if my hon. Friend writes to the Department we can look at some of the cases brought to him as a constituency MP.
I know the debate to date has centred around calls to extend the Bill to Northern Ireland, and the Government have been supportive of them. So, in consultation with the Northern Ireland Executive, I was pleased to see the Government amendments in my name accepted by the Committee of the whole House. As a result of the House’s support, postmasters in Northern Ireland who suffered the same injustices as those in the rest of the UK will now also see their good names restored, with proper financial redress.
As has been noted during recent debates, the speed of that redress could not be more important. Because of the Horizon scandal, people lost more than just their jobs; they were pursued for non-existent losses, they racked up legal bills, and they suffered enormous financial and personal strain because of the Post Office’s actions. It is therefore entirely right that victims do not wait a second longer than necessary to have that money paid back to them—with interest—to reflect what they have lost. I am determined that this legislation complements the ongoing work to hasten redress across the existing schemes. Here we are already making good progress, with payments allowing postmasters to finally move on with their lives.
I would like to take this opportunity to thank the Opposition, especially the hon. Member for Stalybridge and Hyde (Jonathan Reynolds) for his constructive and supportive approach to working with the Government on this Bill, and so many Members across the House who have engaged with us over and again to deliver the right result for postmasters. I would also like to thank the officials of both my Department, Business and Trade, and the Ministry of Justice who have been working hard behind the scenes for some time to ensure that postmasters affected by the Horizon scandal are supported and compensated fairly. But most of all I thank my hon. Friend the Member for Thirsk and Malton (Kevin Hollinrake) for his exemplary work as Post Office Minister and in taking through this Bill and dealing with the issue in a very sensitive manner and helping to create confidence in the scheme.
This Bill is a major step forward in that mission. After years of campaigning and fighting to clear their names, postmasters are now receiving the justice they deserve. No Bill can fully undo the damage that has been done or remove the scars the Horizon scandal has left on its victims, but through this legislation we are doing our best to right the wrongs of the past so that every postmaster caught up in this scandal can begin to rebuild their lives. I commend the Bill to the House.