Post Office (Horizon System) Offences Bill (Instructions)
Debate between Michael Shanks and Marion Fellows(1 month ago)
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Michael Shanks (Rutherglen and Hamilton West) (Lab)
I start by paying tribute to several people across this House from a number of different parties. When I arrived here last year, I could tell they had already been working hard on this issue, including my right hon. Friend the Member for North Durham (Mr Jones) and the hon. Member for Motherwell and Wishaw (Marion Fellows). There is consensus across the House that this huge injustice must be righted. The question, as we have heard from a number of people, is how that is done in Scotland, and that is what I want to speak to briefly.
I want to make two points. First, there is the question of speed, which we have heard about a number of times, but more importantly, there is the question of accountability. Accountability is important. The Scottish Parliament has responsibility for justice in Scotland. Scotland has always had a separate legal system—since long before the Scottish Parliament was re-established—and, as we have heard, there are the questions of the Lord Advocate’s position, of how convictions were taken forward not by the Post Office by but by the Crown, of the basis of evidence used—
Michael Shanks
That is absolutely right. The key point is that there is no question about the Post Office being held to account for the institutional levels of cover-up—
Michael Shanks
May I just make the point and then I will give way? The Post Office must be held to account for that institutional cover-up, and it is the responsibility of this place and the inquiry to look into that, but the prosecutions in Scotland were taken forward by the Crown Office, which is responsible to the Scottish Parliament. That is the point that I am making about accountability.
Marion Fellows
Would the hon. Gentleman agree that accountable for all of this is Post Office Ltd, which is wholly owned by the UK Government as its single shareholder, and that the UK Government took their eye off the ball, did not follow through, and took years to admit that there was a problem in the first place, and that if the UK Government caused this, they should fix it?
Michael Shanks
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.
Michael Shanks
No. I have taken a lot of interventions and am going to make a bit of progress.
My second point is about timing. I do not accept the SNP’s argument at all that the timing is an issue. I have heard the Minister make the point on a number of occasions that the compensation regime will be available to people who have been exonerated—by whatever means that is—at the moment they are exonerated, so there is no question about that.
On the point about the Scottish Parliament not being able to rush through legislation, it does not have the same processes as the Northern Ireland Assembly—it does not have to go through a lengthy consultation process—so it could introduce a Bill tomorrow and have it passed before there is a vote on any of the confidence motions on Thursday. Indeed, in 2020, the Scottish Parliament passed an emergency Bill on covid—a considerably more difficult piece of legislation, stretching to 138 pages—in just two days, and the idea that this Bill is somehow more complicated than that is ridiculous.
There is no reason why the Scottish Parliament cannot take responsibility and introduce a Bill now. Indeed, if there was a question about not being able to finalise the Bill until the UK Bill had passed, the Scottish Parliament could take it all the way to the final amendment stage and amend it as necessary. But actually, again, the Minister has said that the Scottish Bill does not have to mirror directly the UK legislation for people to have access to the same compensation, which is what the hon. Member for Motherwell and Wishaw and I both want to see.
If the SNP is unwilling to act in the Scottish Parliament to introduce the Bill, my colleague Michael Marra MSP has already drafted a Members’ Bill and will introduce that Bill this week.
Michael Shanks
If the SNP is unable to act, there will be no more dithering and there will be no more delays, because Labour will act. For that reason, I will not be supporting the SNP motion.
Marion Fellows
On a point of order, Madam Deputy Speaker. At no time have the Scottish Justice Secretary or the Scottish Parliament said that they will not pass legislation—