Post Office (Horizon System) Offences Bill

Debate between Sammy Wilson and Kevan Jones

2nd reading
Wednesday 20th March 2024 Commons Chamber

[Sammy Wilson (East Antrim) (DUP)]

First, I welcome this piece of legislation and thank the current Minister, the hon. Member for Thirsk and Malton (Kevin Hollinrake); the former Minister, the hon. Member for Sutton and Cheam (Paul Scully); and the right hon. Member for North Durham (Mr Jones), who guided me through some of the issues when I first became involved in this matter. It has been a long battle, but the job of this House when it identifies an injustice is to ensure that that injustice is addressed, and this was an injustice.

I am still baffled by how we ever reached this stage—how Post Office officials, Ministers and judges did not question how people who had so much to lose suddenly turned into thieves in their tens and hundreds. This did not happen over a long period of time. It was identified over a short period of time, yet those people were prosecuted unquestioningly. Indeed, some who knew the facts felt that because they had started going down this route, they had to continue to justify it, even if that meant withholding information and pretending that it was only one or two people so that others were not alerted to what was happening. It was an injustice.

I have heard arguments today that we have to tread very carefully with this legislation—that it is very delicate, that it could annoy the judges, and everything else. As the right hon. Member for North Durham has pointed out, the judges were also responsible, because they heard evidence. Did they question it as rigorously as they ought to have done? I do not know—I do not know many of the individual cases—but it is quite clear that many similar cases were coming before the courts, and somebody should have asked, especially given that the people who were being brought before those courts had so much to lose. Their reputation was destroyed, and up until this point, they had not engaged in that kind of behaviour.

I am not all that sensitive about stepping on some judicial toes with this legislation. This House has on many occasions been quite happy to overlook some of the legal issues in the context of Northern Ireland—exonerating, or giving letters of comfort to, people who had been guilty of murder, and so on—so I do not really have a great deal of sympathy with the argument that we have to be very concerned to tread carefully in relation to this piece of legislation.

There are just two issues that I want to raise. The first is the issue of those who have gone through the Court of Appeal already or have had their leave to appeal rejected. Given that, in most cases, the evidence that was presented and the judgments that were made would have been made on the basis, or at least partly on the basis, of trust in technology—the very thing we are saying was wrong in the cases of those we are now seeking to exonerate—means that we should be looking at those cases. Whether or not they are dealt with on a one-to-one basis, they should not be ignored, because the same kind of evidence used in those appeal cases was used in the court cases. Again, it would be an injustice not look at those particular issues. Regardless of how that is dealt with, and whether we should include the appeal cases totally or they should be looked at individually, I think we cannot ignore that one.

Of course, the issue I really want to address is clause 9 on the territorial extent of this Bill. I have had conversations with the Minister, and I know he is sympathetic and understands the issues in relation to Northern Ireland. However, when I listen to the arguments, I really do not think there is a case for excluding Northern Ireland from the scope of the Bill. Yes, justice is a devolved issue, and the Minister has said on other occasions when I have raised this with him that we have to be very careful of the political sensitivities. However, I have to say that there was not much concern in this House about political sensitivities when we put through a list of Bills the length of my arm that were controversial. People in Northern Ireland did not want those Bills taken in this House, and the parties were divided on them.

In this particular case, there is no division and there will be no kickback from any party in the devolved Administration. In fact, the First Minister, the Deputy First Minister and the Justice Minister—the three Ministers who will be responsible for this—have all written to the Minister indicating that they would be fully supportive. They would be fully supportive because they believe that it would not be possible to keep in step with the timing of the legislation that will go through here, and the reason for that is quite clear. It is the way in which the Northern Ireland Assembly is obliged by law to consult on legislation.

I do not even know whether the legislation would first have to be included in the programme for government, which would be one step, and after it had been included in the programme for government, consulted on. However, even if it we only have it as stand-alone legislation outside the programme for government, there is a 12-week consultation period. As the Deputy First Minister and the First Minister have pointed out, that means legislation could not even be considered in the Northern Ireland Assembly this side of the summer recess, so we would be talking about the autumn. There is a compelling case not only because there is no opposition, but because, if it were to go down the route of the Northern Ireland Assembly, it would be delayed.

[Mr Kevan Jones]

Does the right hon. Gentleman agree with me that the number of cases is small—I have heard different figures, but we are talking about no more than 30 cases—but that cannot justify the delay, which he is eloquently describing, in keeping these people from their recourse to justice?

[Sammy Wilson]

I think that is right. Some people may, of course, turn that argument around and say, “It’s only a small number of cases, so why should we be concerned?” But although the number may be small, since this issue has become so public there is public outrage on behalf of those who have been unfairly treated. Many people who have spoken to me about this have not been affected personally by the Horizon scandal, but there is a sense of injustice that some people were affected in such a way—they lost their reputation, their money, their business, in some cases their families, and their peace of mind—and there is a need not to delay any longer if at all possible. One way of ensuring that there is no such delay is to include Northern Ireland in the Bill.

When the Secretary of State was asked about this issue she said that she wanted to avoid unintentional consequences. Those unintentional consequences were unspecified because we did not get any examples, but I do not see how there could be unintentional consequences from including Northern Ireland in the Bill. It is a tight piece of legislation. It specifies who is covered by it, what offences are covered, and the way that the exoneration would be implemented by having records removed and so on. I cannot see where the unintended consequences would be, and I find that argument fairly weak.