Post Office: Capture System

Lord Burnett of Maldon Excerpts

Thursday 12th December 2024 Lords Chamber

[Baroness Jones of Whitchurch (Lab)]

My Lords, I hope my noble friend will bear with us, because we are coming back with a response on the Capture system next week, so I am sorry I am not able to answer on the detail of that. On the current ownership and governance arrangements, we are committed to a Green Paper looking at those relationships between the Post Office and the Government. It will be published in the early part of next year and will address issues about the involvement and representation on the board that my noble friend has raised.

[Lord Burnett of Maldon (CB)]

My Lords, as my name has been mentioned on two occasions already, it is perhaps apt that I should say something. I yield to no one in my admiration for the work that the noble Lord, Lord Arbuthnot, has done in this field. He was good enough to pay an undeserved tribute to some of the work I did in the background as well. I fear, on this occasion, that in praying in aid the scheme I proposed for the Horizon problem, to deal with a constitutional solipsism, we are not yet there with Capture.

Does the Minister agree that, in our constitutional arrangements, the separation of powers and rule of law suggest that courts should deal with wrongful convictions, and overturn them if they are established as such? Does she also agree that in this instance it is much better to wait for the Criminal Cases Review Commission to refer some cases to the Court of Appeal, which will then deal with them by looking at all the facts, evidence and arguments and, if there are problems, quash the convictions?

[Baroness Jones of Whitchurch (Lab)]

The noble and learned Lord raises important issues of law. He will know that the Law Commission is already looking at the law relating to criminal appeals and is due to report next year. That review includes consideration of the CCRC’s role and the statutory tests it applies. The Government will carefully consider any recommendations.

To return briefly to the Capture system, the Court of Appeal is yet to overturn any convictions relating to the use of Capture. The Criminal Cases Review Commission is already considering five potential cases and it is right and proper, in these circumstances, that we let the CCRC and the SCCRC finish conducting those reviews.