Post Office (Horizon System) Offences Bill (Instructions) Debate

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Department: Department for Business and Trade

Post Office (Horizon System) Offences Bill (Instructions)

Patricia Gibson Excerpts
Monday 29th April 2024

(3 weeks, 1 day ago)

Commons Chamber
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Marion Fellows Portrait Marion Fellows
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“Utterly shameful” does not even begin to describe it.

Right up until quite recently, the Government said that they would include Scotland in the Bill, but they have decided not to do so for spurious reasons. Today, I have been talking to sub-postmasters, and I have invited Scottish MPs to come and speak. The main reason some Scottish MPs, whether they are Liberal Democrats or Conservative Ministers, did not want to include Scotland was that the First Minister said that he did not want to see criminals exonerated when they were guilty. No one wants that—[Interruption.] I have heard the Minister himself say that previously in this House.

Patricia Gibson Portrait Patricia Gibson (North Ayrshire and Arran) (SNP)
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I admire the passion with which my hon. Friend is speaking on behalf of sub-postmasters. Does she agree that part of the sense of insult upon injury is that there is no proper explanation as to why Scotland cannot be included, so it looks like petty partisanship? And I have to say, Madam Deputy Speaker, that that is borne out by the chuntering, sniggering and laughter going on behind me as my hon. Friend speaks.

Marion Fellows Portrait Marion Fellows
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My hon. Friend is right: I am passionate about this. As chair of the all-party parliamentary group on post offices, I have deliberately worked on this issue, across parties, for years—I have worked with everyone. Indeed, when I wrote to the Prime Minister at one point, I had signatures from every party, including from a Member of Sinn Féin, a party that does not attend the House.

I have also heard it said today that the Lord Advocate does not want this. Well, at no point has the Lord Advocate taken a view on proposed legislation either in Westminster or in Holyrood. The Lord Advocate is not responsible for bringing cases of miscarriages of justice before the court of appeal in Scotland.

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Sammy Wilson Portrait Sammy Wilson
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I will move on because Madam Deputy Speaker is catching my eye.

Patricia Gibson Portrait Patricia Gibson
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Will the right hon. Gentleman give way?

Sammy Wilson Portrait Sammy Wilson
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I will not, because I just want to make two more points. First, the Minister has said, “It can be done quickly through the Parliament in Scotland.” The Scottish Parliament cannot start the process until the law has gone through here. I think I can say this, although some SNP Members might not be able to: the situation in Scotland at the moment does not look good for getting legislation through quickly for any reason, because of the uncertainty around the leadership, what will happen and what support there will be. There is a parallel with the situation we had in Northern Ireland. One of the arguments we made was over special circumstances, with the Assembly just being set up again and the delay that might cause. The Minister’s argument could mean further delay in getting justice for postmasters and postmistresses in Scotland.

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Michael Shanks Portrait Michael Shanks
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I am happy to agree with the hon. Lady about the responsibility of Post Office Ltd—I said that a few moments ago—but the prosecutions based on that Post Office evidence were taken forward by the Crown Office. There is responsibility to go around here. [Interruption.] I will just answer the point, if that is okay.

The evidence absolutely came from a flawed system, and Post Office Ltd must be held to account. That does not deal with how prosecutions in Scotland were taken forward not just on evidence from Horizon but with corroboration from other sources.

Patricia Gibson Portrait Patricia Gibson
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I wonder whether the hon. Member shares my distaste at some of the things said in the Chamber today, including that we cannot bring this legislation forward in Parliament today because some of the postmasters in Scotland might indeed be guilty of theft and that we have to tread carefully. That bar has not been placed on postmasters elsewhere in the UK.

Michael Shanks Portrait Michael Shanks
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I would share that distaste, but those comments were reflecting what the Lord Advocate has said. I have letters from the Lord Advocate in my hand that repeat that point a number of times. Of course, the Lord Advocate sits around the Cabinet table with, I think—I will need to check—the current First Minister, Humza Yousaf.