Post Office (Horizon System) Offences Bill

Debate between Baroness Brinton and Lord Arbuthnot of Edrom

Committee stage
Thursday 23rd May 2024 Lords Chamber

[Lord Arbuthnot of Edrom (Con)]

My Lords, in the unavoidable absence of the noble and learned Lord, Lord Falconer, I shall speak to Amendments 2, 4, and 6, and to the question that Clause 3 stands part. I shall briefly touch on Amendment 1, which intended to include in the convictions to be overturned by this Bill those convictions that were secured by the Department for Work and Pensions. Although I have concerns about those convictions—I thank in particular a former sub-postmaster, Chris Head, for his tireless work on the subject—I do not think that those concerns have yet reached the extraordinary threshold required to ask your Lordships, as a legislature, to overturn convictions made by the courts.

However, I take a different view about those cases that have been before the Court of Appeal. We shall, I hope, decide today in Parliament to overturn the convictions of hundreds of sub-postmasters. We need to try to be fair. as between sub-postmasters. in choosing those whose convictions we overturn. The 13 cases which have been before the Court of Appeal in one way or another are not outstandingly wicked, compared with the hundreds of other sub-postmasters whose convictions will be overturned. Those 13 will not necessarily have the recourse of going back to the Court of Appeal because there may be no new evidence in their individual cases—new evidence which other sub-postmasters whose convictions are being overturned by this Bill are not required to provide. That is not fair, and I believe we should agree to Amendments 2, 4 and 6, and we should take out Clause 3.

[Baroness Brinton (LD)]

My Lords, I have Amendment 14 in this group, but just before I get to that, from these Benches, I support everything that the noble Lord, Lord Arbuthnot, just said. Had we had a proper, usual style of Committee we would have debated this for much longer and perhaps even taken things to a vote, but we recognise that times are different.

I have tabled Amendment 14 because I had a bit of a debate with the Minister about the previous software, Capture. I am very grateful to him for the private meeting that we had, where we discussed my concerns in some more detail. I hope he will be able to give some more reassurance.

Because there is now an inquiry or an investigation into the Capture process, it obviously cannot be included within the Bill. However, should that inquiry discover that the same sort of faults happened, and the Post Office used the same sort of criminal investigation procedure, could the Minister please explain, hypothetically, what would happen to Capture? Would it require a similar Bill to remedy the position of those postmasters, should they be found to have been incorrectly charged and then convicted? This is important because although there are differences between Capture and Horizon the more that is revealed, the more there are some striking similarities, both in Fujitsu’s denial of glitches and bugs and in the way the Post Office investigation team prosecuted cases.