Oral Answers to Questions

Alistair Carmichael Excerpts

Thursday 31st October 2024 Commons Chamber

[Sarah Jones]

The difference between a Labour Government and a Conservative Government is that we believe that growth needs to be felt in our communities, not just measured on a spreadsheet. I know that my hon. Friend is working hard in his constituency and is already campaigning on issues such as banking services, which are so important for our rural communities. He is right: the industrial strategy needs to be designed and implemented in lockstep with local leaders, mayors and devolved leaders across the country, alongside our wider plans for housing and skills, which of course will be part of the picture. I look forward to working with him on identifying the barriers to growth in rural communities so that we can break them down.

[Mr Alistair Carmichael (Orkney and Shetland) (LD)]

The development of marine renewable energy is getting close to commercial deployment. If we are able to get it across the line, it will bring with it a supply chain that we can build and hold in this country, with a view to exports across the world. That would surely be a great result for any industrial strategy. What will the Government do to ensure that their industrial strategy helps marine renewables reach full commercial deployment?

[Sarah Jones]

The right hon. Gentleman makes a really good point, and I would be happy to have a proper conversation with him about it. Marine renewables are a huge opportunity for us. We can build the supply chains across the country and, of course, Scotland is uniquely placed to take advantage of that. I would love to have a conversation about it.

Post Office Horizon Scandal

Alistair Carmichael Excerpts

Thursday 18th July 2024 Commons Chamber

[Mr Speaker]

I call the Liberal Democrat spokesperson.

[Mr Alistair Carmichael (Orkney and Shetland) (LD)]

I also welcome you back to your place, Mr Speaker. It is a genuine pleasure for me, as the Liberal Democrat spokesperson, to be addressing the House on behalf of the third largest political grouping. My party will use the privilege of that position to hold the Government and Ministers to account. We will not be using it simply to stoke division and manufacture grievance. That is what the people of the United Kingdom, and Scotland in particular, voted for.

At the heart of the Horizon scandal was the culture at the centre of the organisation that failed to respect the work that was being done by sub-postmasters at the frontline. The Minister and the Secretary of State will meet with the chief executive of the Post Office. What evidence have they seen that that culture has actually changed?

[Justin Madders]

I do not know if the right hon. Gentleman is aware that the current chief executive officer has stepped aside for a brief period to concentrate on the inquiry. Over the coming months, we will be reflecting on the important questions that the right hon. Gentleman raises, particularly when the outcome of the inquiry is known.

Global Intergenerational Week 2024

Alistair Carmichael Excerpts

Thursday 9th May 2024 Westminster Hall

[Marion Fellows (Motherwell and Wishaw) (SNP)]

I beg to move,

That this House has considered Global Intergenerational Week 2024.

For accuracy, I should point out that Global Intergenerational Week was in April, but it does such great work and it is a real pleasure to speak on this important topic. I am deeply passionate about this idea, and I thank Generations Working Together, who lead Global Intergenerational Week events in Scotland, for its briefing. I also thank all 407 contributors to the online public engagement activity for the debate. All 407 responses have been helpful and illuminating, and I will mention a few of them later.

The campaign theme for this year’s Global Intergenerational Week was focused on how intergenerational work is too often perceived as nice, rather than essential. Generations Working Together argues that intergenerational practice ought to be an essential consideration in upstream health policy, and an essential practice in social care, education, and urban planning and development. This is essential in order to build age-friendly communities—which I feel very qualified to talk about—defined by the World Health Organisation as a community that optimises opportunities for health, participation and security as people age. In an age-friendly community, policy, services and infrastructure are designed to respond flexibly to age-related needs and preferences.

As I said, Global Intergenerational Week ran from 24 to 30 April and was marked by events and webinars across 15 different countries, with landmarks lit up across the globe, including Melbourne Town Hall, something in Valencia—my Spanish is not up to pronouncing that; I would not want to murder the language—Adelaide’s Parliament House and, closer to home, Rhyl tower in Wales and Belfast City Hall, as well as the Hydro in Glasgow, and the University of Glasgow. The movement is moving forward.

We live in a time of huge demographic shift towards an ageing population, a phenomenon that is happening in almost every country across the world. That is frequently presented as a significant social challenge. People often look at it through a negative lens, but it also presents an opportunity.

[Mr Alistair Carmichael (Orkney and Shetland) (LD)]

The hon. Lady is developing an interesting area of public discourse. Does she agree that one of the most positive developments in recent years has been the creation and growth of the Youth Parliament? I had the opportunity last week to meet Shetland’s two new Members of the Scottish Youth Parliament, Joe Smith and Bertie Summers. I was struck by the fact that although we were talking about the same issues that Shetlanders would identify with across the piece, they brought a completely different and fresh perspective to them.

[Marion Fellows]

I thank the right hon. Gentleman for his useful intervention. I absolutely agree. I have met my MSYPs frequently. They bring a breath of fresh air to arguments and discussions, and we should treasure that. I am looking around the room, and I am not making any huge comment on age, but I know the person who helps us get speakers into Westminster Hall searched quite hard to find a very young Member of the SNP. [Laughter.]

Rather than reducing our ageing population to a strain on economic resources, we must use intergenerational opportunities as a powerful and cost-effective challenge to that narrative. Young and old people are often separated from each other due to age-segregated activities and living arrangements, changes in family patterns and the breakdown of traditional community structures.

Being a granny is my best job ever. I am fortunate enough to see my grandchildren regularly, but intergenerational interaction need not be confined only to within families. Older and younger people have skills and resources of considerable value to one another, and despite the prevalence of negative age-categorised stereotypes that are often perpetuated on social media, different generations have a lot in common and share many areas of common concern.

Older folk are not all the same, no more than younger people can all be categorised in the same way. Gemma, one of the contributors to the public engagement exercise for this debate, outlined how integration across generations leads to broadened perspectives. In her experience, she said that

“with older people, our values and political views may sometimes be different but there are always more similarities than differences.”

Another contributor, Catherine, responded:

“One can discuss different perspectives on issues. This tends to lead to healthy debate, and I find it a good way to temper modern idealism while allowing older generations to become more positive about certain issues.”

Intergenerational activity is one way of addressing the issues that are key to all generations. That is why it is so important to encourage intergenerational working and why that is the raison d’être of the annual Global Intergenerational Week. By promoting positive attitudes and breaking down stereotypes across age groups, we can build a more inclusive society that values the contributions of every generation. Will the Minister discuss that approach in his answer? Will he talk to people in his Department and across other Departments, because what we need is joined-up thinking right across the piece?

Embracing intergenerational integration will not only enhance social cohesion, but create an environment where sustainable intergenerational relationships can flourish, benefiting everybody. A response to the public engagement activity that I particularly enjoyed came from another Marion—not me, I promise—who described her interactions with young people as

“very uplifting, their energy, creativity and different way of seeing the world are inspiring and energising in themselves.”

I can only echo that from my experience as a further education lecturer, when I was in daily contact with young people—apart from the very generous holidays, of course. I worked with many young people across the piece, and I found that my perspective on things changed quite considerably through listening to them. This goes back to the stereotyping of ages and people, and actually believing that they are all the same, but that is not true.

A strengthening of social capital or civic virtue is at the core of this idea, building a sense of community through reciprocal social relations,. There are also benefits in education. The national mentoring partnership in 2017 reported that at-risk youths involved in intergenerational monitoring programmes are 55% more likely to be enrolled in further or higher education.

The benefits go beyond strengthening communities and education outcomes. Intergenerational practice crucially provides a setting that can help to relieve isolation and involve people in community activities, leading to improved general health and wellbeing. During Global Intergenerational Week in 2024, my hon. Friend the Member for Central Ayrshire (Dr Whitford) opened the intergenerational learning roadshow, attesting to the importance of good intergenerational practice in reducing health inequalities.

As an aside, an older person teaching younger folk how to do something as basic as making soup is a wonderful thing, because it provides the younger person with a sense of worth and a way of saving money. I see that often in my constituency when I visit some of these different organisations, as I do regularly, and see the value of people learning. The knitting group is another perfect example of that, giving young people a skill that they did not have before.

A report from Generations Working Together and NHS Scotland outlined:

“Poor health, negative stereotypes and barriers to participation all currently marginalise older people, undermine their contribution to society and increase the costs of population ageing.”

Likewise, the Joseph Rowntree Foundation’s neighbourhood approaches to loneliness programme documented that social isolation in later life is not just a risk factor for depression, but dangerous for physical health and mobility. That shows the important societal value of the practice, but it is also important to note that intergenerational practices help to combat social isolation across all age groups. Loneliness and social isolation are increasingly prevalent in our younger generation.

Research from Generations United shows that older adults who participate in intergenerational programmes experience a 20% decrease in loneliness. Again, I have seen that in some of the neighbourhood programmes locally, which do such good work. It is interesting to notice the difference in both the younger person and the older person—both benefit. The health impact of loneliness is comparable with smoking up to 15 cigarettes a day, according to a study published in the Public Library of Science Medicine journal. Having had some personal experience of loneliness, that is very true. It can weigh down heavily sometimes on older people and, as I have pointed out, on younger people, too, some of whom spend more and more time alone.

Intergenerational practice is therefore a solution to loneliness right across the age spectrum. The value of bringing people together cannot be overestimated when it comes to challenging ageism and negative stereotypes. According to the World Health Organisation’s global campaign to combat ageism, intergenerational activity is a proven way to reduce it, and doing so can help us live up to seven and a half years longer—I am keen on that, I have to add. It is therefore essential that we improve and increase access to intergenerational activities. Not only does the evidence point towards the need for intergenerational practice to tackle a range of social problems, but there is a demand for it. The Centre for Ageing Better found that four in five people want to mix with people of different ages and generations.

We as parliamentarians must do our best to highlight barriers to intergenerational interaction, especially when we consider our ageing population. Some of the barriers listed by respondents centred around communication, where there are difficulties understanding terminology or descriptors, and some older people feel that they have to be more sensitive or careful. Other barriers mentioned were practical issues, such as rural deprivation, poor transport and a lack of face-to-face opportunities.

Many younger respondents feel that financial issues are the biggest barrier. Jenny outlined that

“many older people who have no mortgage/rent or dependants find it very hard to grasp the real impact of the cost-of-living crisis.”

Anna said:

“Older people frequently don’t understand the real practical barriers for people my age, from home ownership and being able to afford children.”

Tom felt that intergenerational interaction and communities were being eroded more generally due to low rates of house building and how it forces young people to move away from the communities in which they were born and raised, severing community ties.

It is essential that we attempt to remove barriers to intergenerational integration. It benefits society as a whole and each one of us can benefit from it. At a time when the world is becoming more polarised, never has community and understanding across generations been so important. I commend Generations Working Together for the crucially important work that it does and highlight the importance of Global Intergenerational Week 2024 for raising awareness of the topic. Does the Minister agree that we would all benefit from more intergenerational working, that health, social care, housing, education and, even more essentially, urban planning and development should be further moved, and that levelling up would be good for all generations?

Post Office (Horizon System) Offences Bill (Instructions)

Alistair Carmichael Excerpts

Monday 29th April 2024 Commons Chamber

[Mr Alistair Carmichael (Orkney and Shetland) (LD)]

I have worked with the hon. Lady in her role as chair of the APPG, and I commend her for her work over many years. The point about the Lord Advocate is surely that the route to justice must go through the Scottish Parliament, because the route to prosecution went through the Scottish Parliament. That is where the route of accountability lies. [Interruption.] There was some talk about chuntering earlier, but it seems to go in more than one way. I refer the hon. Lady to the comments of the Lord Advocate in the Scottish Parliament on 16 January. If the Lord Advocate really wants the Bill to proceed, she could say so in terms herself. [Interruption.] Chunter on, boys.

[Marion Fellows]

I do not think that was an edifying intervention.

--- Later in debate ---

[Mr Alistair Carmichael (Orkney and Shetland) (LD)]

I thank the hon. Member for Motherwell and Wishaw (Marion Fellows) for organising the briefing for us today. I attended it; I think there was only one sub-postmaster and one solicitor present at the time, but it was useful to hear from them. I pay tribute, as I have done before, to her for the work that she has done.

I suppose it is a consequence of the motion before the House that we have emphasised its procedural aspects more heavily than the outcomes, but the House today needs to focus on the best possible outcomes for sub-postmasters. If there had been insistence on the Northern Ireland Assembly drawing up legislation, that would have required a 12-week minimum statutory consultation period, and that would have produced a worse outcome for sub-postmasters in Northern Ireland. For that reason, I thought that the direction in which the Minister moved was absolutely sensible.

I am afraid that I do not take the same view on the position in Scotland. Including Scotland in the Bill would leave unresolved issues, and the Bill would therefore leave Scottish postmasters in a poorer position than those in the rest of the country.

[Joanna Cherry]

rose—

[Mr Carmichael]

Will the hon. and learned Lady let me explain why I take that view? On 16 January, the Lord Advocate made the following observations, and I think that she is quite right:

“The vast majority of the cases that may be affected by the issue were cases in which the accused pled guilty to the offence. Often, those pleas were tendered under legal representation. Although it is impossible to comment on every case, prosecutors do not mark cases to proceed in the absence of corroboration—they simply do not do that. Defence solicitors do not advise clients to plead guilty in the absence of corroboration. In cases that proceed to trial, the sheriffs do not convict in the absence of corroboration. As a result, it is reasonable to infer that, in cases that resulted in a conviction—whether by guilty plea or conviction after trial—other evidence was available that was capable of supporting the finding of guilt…As I have explained, not every Horizon case will involve a miscarriage of justice. In some cases, there was sufficient evidence to support a criminal conviction.”—[Scottish Parliament Official Report, 16 January 2024; c. 22-27]

That is the view and analysis of the Lord Advocate. Essentially, what she is saying—I have always believed that this is right—is that because of the way that the laws of evidence and procedure operate in Scotland, and in particular because of the need for corroboration, qualitative safeguards that bring better outcomes are available to people who are before the Scottish courts. The presence of corroboration is an important part of Scots law, and the Lord Advocate is right to highlight that. As she has raised these issues, I believe that it is better for legislation to be made in the Scottish Parliament, where the equivalent to this stage would take place in a committee, and not in the Chamber, as is the case here; again, that is preferable.

[Joanna Cherry]

Does the right hon. Gentleman not appreciate that the concerns that the Lord Advocate has expressed are similar to those expressed by lawyers from across these islands about this legislation? Ultimately, it is Parliament’s decision whether to exonerate. Has he read the evidence given to the Criminal Justice Committee, and does he disagree with Professor Chalmers, who said that the purpose of the Bill is to make sure that convictions can be quashed, so that innocent people can be compensated quickly; that the scandal originated with a faulty computer system and dubious investigating procedures in a UK-wide institution; and that the scheme for compensation is UK-wide, so the paving legislation should be UK wide? That is not my opinion; it is the opinion of one of Scotland’s most pre-eminent criminal lawyers, the regius professor at Glasgow. Can the right hon. Gentleman tell me why he is wrong?

[Mr Carmichael]

The hon. and learned Lady has said herself that this is a matter of opinion. I put great confidence in the opinion of Professor Chalmers, but I come to a different conclusion, because the route to conviction lay through civil servants employed by the Scottish Government—[Interruption.] As the hon. and learned Lady reminds us, almost three decades ago, I was one of them, so I understand perfectly how the system works, and I also understand that if I ever got it wrong—incredible though that suggestion may seem—the accountability for my mistake would be through the Lord Advocate.

[Peter Grant]

I note that nobody has challenged the very important point that because the Scottish legislation has to mirror UK legislation, it cannot be passed until this Bill has had Royal Assent. The right hon. Gentleman has experience of the system; in his experience, once the Scottish Parliament can start considering legislation, what would be the minimum delay before Scotland caught up? Secondly, does he agree that it would be outrageous for anyone to try to shut down the Scottish Parliament in the meantime, to build in further unnecessary delay?

[Mr Carmichael]

I am intrigued to know what that final question about shutting down the Scottish Parliament is about, but it is open to the Scottish Parliament to deal with such matters through an emergency procedure. That would be sensible, and it would bring sub-postmasters across the whole United Kingdom to exactly the same place at the end of the day. That can be done in a matter of days, as I am sure the hon. Gentleman is aware. We have heard from others that the legislation is drafted and ready to go, so as a matter of politics, what is it that the Scottish National party does not want to admit?

[Marion Fellows]

As far as I am concerned, and as far as the SNP is concerned, politics does not come into this. It is about getting justice for Scottish sub-postmasters and postmasters across the rest of the United Kingdom at the same time.

--- Later in debate ---

[Madam Deputy Speaker]

The hon. Lady has got it!

[Mr Carmichael]

The hon. Lady knows that I agree with her a lot more than either of us would ever admit, but on this matter, there is clearly a difference of opinion. The decision on whether the route to exoneration should be through the Scottish Parliament or through this place is a political choice.

[Joanna Cherry]

I sense that the right hon. Gentleman is reaching his peroration, and as we are both Scots lawyers, I wonder if he will join me in correcting the Labour party spokesperson, the hon. Member for Bethnal Green and Bow (Rushanara Ali). She said repeatedly that the Scottish judiciary did not want this legislation. The right hon. Gentleman will know that the Scottish judiciary, like the English judiciary, would never comment on the desirability of legislation. Does he agree that the hon. Lady was getting mixed up with the Lord Advocate? Perhaps she should have a chance to correct the record later, because it is very important that the House does not give the impression that the Scottish judiciary have been criticising Parliament when they have not.

[Mr Carmichael]

I say gently to the hon. and learned Lady that the Scottish judiciary would never comment publicly because, in my experience, they have ways of making their views known. But she is right to point out that on this occasion, the Opposition spokesperson confused the office of the Lord Advocate with the judiciary. I would say to the hon. and learned Lady, however, that that in itself demonstrates to me the need for this matter to be dealt with where the expertise lies, which is the Scottish Parliament.

Post Office (Horizon System) Offences Bill

Alistair Carmichael Excerpts

Committee of the whole House
Monday 29th April 2024 Commons Chamber

[Kevin Hollinrake]

I would welcome that discussion, and I will follow it closely in the other place.

The controversial element of this unprecedented, exceptional legislation is the overturning of the convictions, because we are interfering with the courts by legislating in this way. The convictions expire on day one. All that happens further on from that is the marking of the records, which is not the controversial part. The controversial part is the interference with the courts. Again, I am happy to have a continuing conversation with the right hon. Gentleman.

New clause 7, in the name of the right hon. Member for Orkney and Shetland (Mr Carmichael), would require the establishment of an independent intermediary body to administer financial redress to individuals whose convictions are quashed by the Bill. I also acknowledge the Business and Trade Committee’s recommendation on a similar point.

I assure the Committee that we are building independence into the process of making financial redress. Final decisions will, if necessary, be made by an independent panel comprising a King’s counsel, an accountant and a retail expert. The panel will have a case manager, who will ensure that cases are settled fairly, swiftly and in a non-adversarial manner. I have been clear throughout my work that we should put the victims of the scandal back in the position that they would have been in, and that we should move as quickly as possible. We feel that it would take months to set up an independent intermediary, and that it would add additional steps to the process and risk creating unnecessary bureaucracy.

[Mr Alistair Carmichael (Orkney and Shetland) (LD)]

If my new clause had been selected for debate, I would probably not seek to press it. I am not in a position to do anything more, but I thank the Minister for his assurances on independence.

[The First Deputy Chairman of Ways and Means (Dame Rosie Winterton)]

As the new clause was not selected, we probably should not be discussing it.

--- Later in debate ---

[Mr Carmichael]

I am pleased to give this Bill my support and that of my party on Third Reading. It shows what is possible when the House comes together and works collegiately, as we have done. It must surely remain a concern to us all that it is necessary in the first place.

I pay warm tribute to the Minister for how he has handled this matter, not just as a Minister but in his time before he came into office, as well as to the right hon. Member for North Durham (Mr Jones) and the hon. Member for Motherwell and Wishaw (Marion Fellows), although she is not in her place at the moment. I would say only that I hope that the Scottish Government can bring to the Scottish Parliament the legislation that has been prepared so that we can all come to the same place at the same time, because the important thing here—we have to come back to this time and again—is the outcome for the sub-postmasters themselves. For the Post Office as an institution, this is an important step in restoring its trust and its standing in the communities that we all represent.

I leave the House with this final thought. There is a temptation to think that when the Bill passes and its provisions are implemented, somehow or other that is it—job done. I caution the House against that. We are here tonight because of a head of steam that was built up because of the nature of the Post Office as an institution, the standing of sub-postmasters in our communities, the sheer number of cases and the remarkable way in which the ITV programme caught the mood of the nation.

What happened to sub-postmasters is different from what happens to people all the time only in one respect: the sheer scale of it. In my time as a Member of Parliament, I have come across so many examples of people with good, reasonable cases who were squeezed out of what they are entitled to because of the inequality of arms. Public bodies have deep pockets—the taxpayer is behind them every step of the way—to pay for the best legal representation and to stonewall in cases where people would otherwise have good justice.

I will be back in Westminster Hall on Wednesday morning to deal with a case about the accountability of the Financial Conduct Authority, where it acted in respect of claims made by constituents of mine who had been the victims of a Ponzi scheme only because it was eventually forced into doing so by people who, as with the Post Office, were brave enough to take their case to court. Ultimately, they lost, but in the process of taking their case to court, they put the FCA in a position where there was no alternative but to pay out to all the victims through the financial services compensation scheme.

The brave 95 people who took the legal action in the first place are left £2 million out of pocket. Everybody gets something because they were brave enough to stand up, but they are left to pay at the end of it. That might be the law, Madam Deputy Speaker, but you will never persuade me that it is justice.

Post Office (Horizon System) Offences Bill

Alistair Carmichael Excerpts

2nd reading
Wednesday 20th March 2024 Commons Chamber

[Jonathan Reynolds]

When we look at the precedents, it is interesting to note that there is clearly a legal difference between quashing a conviction and a pardon after an event has taken place, which is the precedent we are more familiar with. I am receptive to what colleagues are saying about a sunset clause from a judicial or safeguarding point of view. Clearly we want to capture as many people as possible who deserve to have their convictions quashed. When we get to Committee, which I assume will be on the Floor of the House, I am sure there will be an attempt to do that.

[Mr Alistair Carmichael (Orkney and Shetland) (LD)]

Is not the point about a sunset clause that none of us knows what is around the corner or what the future holds? Once this legislation has expired, the law of sod dictates that somebody somewhere will come up with a case that requires to be dealt with. That is eminently possible. A sunset clause would serve no useful purpose, other than smoothing a few ruffled judicial legal feathers.

[Jonathan Reynolds]

I hear what the right hon. Gentleman is saying, and we do not want to do Committee stage on Second Reading. We are hearing about the necessity of ensuring that, where cases fall beyond the specific circumstances—to be fair to the Government, I understand why the legislation has been drafted in this way to address this particular cohort, for simplicity and straightforwardness—they can still be identified. Some of that could be done on the numbers, but we will have time to explore this matter in Committee.

--- Later in debate ---

[Jonathan Reynolds]

Hon. Members will have a chance to speak; I cannot speak for every part of the judiciary in the UK, but I believe that that is the issue. The nature of the always distinct legal system in Scotland is a key part of this, whereas in Northern Ireland it is slightly more complicated.

[Mr Carmichael]

I fear that the issue is not so much with the Scottish judiciary as with the prosecuting authorities, given the remarks already on the record from the Lord Advocate. If I may, I will offer the hon. Member for Glasgow South West (Chris Stephens), through the shadow Minister, a rational reason: it is about political accountability. The lines of political accountability lie through the Scottish Parliament and the Crown Office. There are good and compelling reasons about delay for making an exception for Northern Ireland, particularly in relation to the requirement for a full public consultation. Those arguments do not apply in Scotland.

--- Later in debate ---

[Marion Fellows]

I thank the right hon. Gentleman for his intervention. There is absolutely no reason, and the Scottish Government are indeed prepared to do that. There is ongoing work on that, but it will mean that Scottish victims will have to wait longer for exoneration.

[Mr Carmichael]

The Scottish Parliament has provisions in its own Standing Orders for emergency procedures, just as we have. It would be open to it to do it in three days, if it chose to.

[Marion Fellows]

I thank the right hon. Gentleman for his intervention. I am surrounded by lawyerly people and I am not a lawyer. In fact, I sat in a room last night for a briefing where I was surrounded by lawyers and even the lawyers were agreeing that they could not agree on the right way forward. The right hon. Gentleman is absolutely correct, and the Scottish Government will do that, but they cannot do it until we see what happens with the Bill as it is brought towards enactment and until we can take into consideration all the amendments that may be necessary for Northern Ireland. That will create a delay. Yes, the Scottish Government can—I cannot say they will, because I am not a Member of the Scottish Parliament or the Scottish Government—and it is possible for the Scottish Parliament to pass a Bill in three days, but it must be aligned with the exoneration Bill passed here. Otherwise, Scottish victims will not be treated equitably and fairly.

On 10 January, the Minister spoke in this place to, I believe, the hon. Member for Edinburgh West (Christine Jardine) and said he saw no reason at that point why there could not be UK legislation. At an Interministerial Standing Committee on 12 March, the Secretary of State for Levelling Up, Housing and Communities said that he saw no reason why that could not happen. Yet a few days after that the Bill arrived in Scotland with no mention of Scotland at all. It is the Scottish Government’s belief that the Bill could be amended to take into consideration the differences in legal terms. For example, amendments would be needed to bring about alignment on embezzlement and to cover all the different crimes, if you like—well, not crimes, because the sub-postmasters did nothing wrong—so that the Bill would apply in Scotland. The Bill could clear the decks of all the things sub-postmasters were charged with and convicted for, so it is all possible. The issue is one of timing, with sub-postmasters in Scotland being told, “Okay, you’ve waited, but you’ll have to wait longer.”

In this place, and right across the work I have done over the past few years on the Post Office, there has always been cross-party agreement on getting things sorted out for the victims. As the hon. Member for Stalybridge and Hyde said, that is the point of the whole thing. It is about the victims. It is about what has happened since “Mr Bates vs the Post Office” was broadcast. I sat with my daughter-in-law, who is herself a lawyer—I don’t hold that against her—and she kept saying, “Is this true, Marion? Is this true?” and I had to say that yes, it was.

--- Later in debate ---

[Mr Carmichael]

As a matter of fact, the situation is different in Scotland, where prosecutions are taken in the name of the Procurator Fiscal Service or the Lord Advocate, depending on the forum, and they receive only the report from the Post Office. The prosecution decision is made by the prosecuting authorities. I understand that in other parts of the United Kingdom the Post Office can prosecute in its own right, but that is not the situation in Scotland and that is why it is different.

[Sammy Wilson]

I am not going to enter into a debate about Scotland, because I do not have enough knowledge of the situation, but surely the way around this issue relates to the individuals responsible for having taken the prosecutions and for advising the Scottish Government. That is perhaps where we should be looking. If they are all satisfied that the decision should be taken here in Westminster, why not include that in the Bill? I am sure the Scottish nationalists can argue their case very well.

The one thing I would say as a Unionist is that I am pleased that the SNP recognises that there is a role for Westminster. If the Scottish Government want to give some of their powers to Westminster on this particular issue, I will take that as a Unionist win.

--- Later in debate ---

[Mr Alistair Carmichael (Orkney and Shetland) (LD)]

It is a pleasure to follow the right hon. Member for East Antrim (Sammy Wilson). He says that he is proud as a Unionist to see this decision being taken here, but I say to him gently: be wary of Scottish nationalists bearing gifts of UK accountability, because essentially that is where we have come to today. I will pick up the point about territorial jurisdiction later, but I first want to say a word or two of more general application.

A lot of people in this debate have spoken about this legislation being unprecedented and about the concerns of some in the legal profession and the judiciary and the discomfort they feel. Those feelings of discomfort are entirely appropriate and legitimate, and I would be more concerned if they were not there. However, it is because of the wholly exceptional nature of the situation facing those prosecuted as a consequence of the deception of the Post Office and Fujitsu and the misuse of the Horizon software that we should have a Bill of this sort. I, along with my colleagues on the Liberal Democrat Benches, have no difficulty in supporting the Bill.

I should declare an interest as a recovering solicitor: it is 22-and-a-half years since I surrendered my practising certificate, no doubt to the relief of many. To my former colleagues I would say that it is worth asking why we have courts in the first place. Essentially, we have courts because it is important that there are bodies able to give the general public confidence that the various vehicles of the state work properly and that people can get justice. Do they get it right all the time? No, of course they do not. When I was a solicitor, we often used to say, “Justice has to be seen to be done, and it often has to be seen to be believed.”

Let us not forget that the judiciary are like the rest of us; if they are cut, they bleed. They are vulnerable to the same human foibles as us. They ultimately have to be accountable for people at moments like this. Those who have said that the judiciary need to take a look at themselves are right to say that. I take mild exception to the suggestion that somehow or another the doctrine of the separation of powers builds an impenetrable wall between the different legs of the constitution. It does not.

This House created the very institution of the Supreme Court barely 20 years ago. We interfere all the time in the running of the courts by setting their budgets and telling them what rules of procedure and evidence they can follow, and nobody takes exception to that. What we are dealing with here is an interference of a different order altogether, but it is one that conforms to the principle that there are occasions when this House, as a sovereign Parliament, has to act and intervene. I think the nature and scale of the injustices that have been visited on people here absolutely justify that.

The question about territorial jurisdiction is an important one. I listened very carefully to the hon. Member for Motherwell and Wishaw (Marion Fellows), who, incidentally, I rate very highly—at the risk of killing her political career stone dead by praise. I have enormous respect for how she has managed the all-party parliamentary group on post offices and the very measured and effective way she has prosecuted the case for postmasters, sub-postmasters and Post Office employees. That applies not just in relation to the Horizon scandal, but in the day-to-day operation of the Post Office itself.

It pains me to find myself in a different place from the hon. Lady. I said to her last night that I am still open to be persuaded, but my starting point has to be that we judge the issue by the outcomes for the postmasters themselves. Essentially, can we get those affected in Scotland to the same place by allowing the Scottish Parliament to do its job, constitutionally as it is charged to do, or, in order to get everybody in the same place at the same time, do we have to do it here?

[Chris Stephens]

To kill the right hon. Gentleman’s political career, I should say that I have the same respect as he has for my hon. Friend the Member for Motherwell and Wishaw (Marion Fellows). As he said, this debate is about how we can best get justice to the victims. Can I offer as a solution something that is happening now? The Criminal Justice Bill, which has not reached all stages of the parliamentary process, already has a legislative consent motion from the Scottish Parliament for the areas of the Bill that impact Scotland. Perhaps that is a way of getting around the territorial debate. If Scotland and Northern Ireland were put there, it would allow legislative consent both in Northern Ireland and Scotland to happen concurrently, at the same time as the legislation is passing here.

[Mr Carmichael]

That is one way in which the procedure could be done. However, I say to the hon. Gentleman and the hon. Member for Motherwell and Wishaw that the question of quashing convictions is just one element of justice. The other important element is that those who were responsible for initiating the prosecutions must be accountable. That accountability would be missing if the provisions for Scotland were put in this Bill or the Criminal Justice Bill. That accountability is important for the quality of justice, if it is achievable within the timescale; we are balancing competing demands.

The position of Northern Ireland is qualitatively different because there is a statutory requirement for a 12-week consultation. The Scottish Parliament does not have that requirement, so it would be able to proceed.

[Angus Brendan MacNeil (Na h-Eileanan an Iar) (Ind)]

I apologise for not being here at the beginning, as I was chairing the Energy Security and Net Zero Committee. The other leg of justice that must be served is compensation, which I am sure the right hon. Gentleman was coming to anyway. Compensation is not just for those who were convicted, as a lot of people out there dipped into their own pockets and paid money to the Post Office to keep the heavies away and prevent prosecution. Those people also need to see justice. One of the big things is moving the legislation forward so that all that happens and the money gets to the people.

[Mr Carmichael]

The hon. Gentleman is right. If he has been listening, he will have heard me speak on a number of occasions about my work to support constituents who are pursuing claims as part of the historic shortfall scheme. That would be the route to compensation for the people to whom the hon. Gentleman refers.

We have taken a particular approach quite deliberately and for good reason. Because the Post Office function is reserved legislatively to the United Kingdom Parliament, as a United Kingdom operation, the compensation should be paid on a UK-wide basis. However, the decisions to prosecute were taken in Scotland, by law officers accountable to the Scottish Parliament. For that reason, it makes sense for the Scottish Parliament to deal with the consequences of those prosecutions.

[Angus Brendan MacNeil]

I do not necessarily have the answer, but the problem is that if the Scottish Parliament quashes the prosecutions, there could be a hiatus while we wait for Westminster to do something and the money arrives. It is a chicken and egg situation. I would much prefer the Scottish Parliament to sort it and to have the resources to compensate, but unfortunately in the UK that is not the world we live in.

[Mr Carmichael]

I do not think it is unfortunate, but highly fortunate and deliberate, that we are in the UK, but we will save that debate for another day. The compensation can and will be paid on a UK-wide basis. Given the timescale that the Government have outlined so far, we would expect the convictions to be quashed on the basis of this Bill by the middle of July. That gives the Scottish Parliament time to meet the same timescales, so that victims in Scotland have their cases quashed by that time.

[Kevin Hollinrake]

The right hon. Gentleman is making some important points about the way the prosecution systems work in different parts of the UK, which we must take into account. On the point by the hon. Member for Na h-Eileanan an Iar (Angus Brendan MacNeil) on paying redress, the key thing is overturning the conviction. Once that conviction is overturned, wherever in the UK, that individual will have immediate access to the redress scheme wherever they are in the UK. There is no hiatus, as he described it.

[Mr Carmichael]

I am grateful to the Minister for that. Those who are not convicted will have access to compensation through the historic shortfall scheme—a process available to them at the moment.

[Kevin Hollinrake]

The Bill relates only to overturning convictions. There is a discussion about territorial extent, which I understand and am happy to continue to discuss. The three compensation schemes—the Horizon shortfall scheme, the group litigation order scheme and the overturned conviction scheme—are all UK-wide, so that whatever detriment is experienced, wherever they are in the UK, there is no delay to compensation. There is no difference, in terms of compensation, between one part of the UK and another. We are keen to expedite it wherever it is in the UK and we have work to do.

[Mr Carmichael]

I do not really need to answer that, so I will take the hon. Lady’s intervention.

[Marion Fellows]

I thank the right hon. Gentleman. One of the issues about timing, and it is about timing, is that I think everyone would agree that it is best that every victim is exonerated at the same time. As we do not yet have the programme for the timing of the Committee and Third Reading stages, it is possible that the Scottish Parliament could be in recess. It will be in recess as early as 29 June, a full month before this place.

[Mr Carmichael]

That is a political decision for the Scottish Government, who control the Scottish Parliament’s business, to take.

[Marion Fellows]

May I gently correct the right hon. Gentleman? The recess dates are not set by the Scottish Government; they are set by the parliamentary board.

[Mr Carmichael]

They are set by the Parliamentary Bureau, of which the majority of members come from the SNP and the Greens. I have kept this fairly broad in its terms. Can I just say gently to the hon. Lady that if the Scottish Government, instead of trying to evade political accountability, would take their responsibilities seriously and get on with it, they would get on with the drafting of the necessary legislation? If they want to wait and see how it all works here, to see if there are further amendments, then of course they can do so. They should be mindful of the fact that, apart from this one point, on the substantive provisions in the Bill there is complete unanimity across all parties in the House. So I would not see this as a Bill that is likely to attract amendment on the substance.

If the hon. Lady wishes to introduce her amendments relating to jurisdiction at a later stage, then that is another matter altogether. If we consider the consequences for the substance of the Bill, we would effectively be writing a whole new part of it. For example, if we have regard to the offences for which compensation is to be paid, very few are terms of art in Scots law, so we would be writing a new Bill to be inserted here.

Why are the Scottish Government so resistant to getting on and doing what they are constitutionally charged to do, when they could do it if they started now, in a timescale that brings everybody to the same place? The hon. Lady herself said that compensation had to be done equitably and fairly. I put it to her and to her colleagues that the consequence of their route being followed would be Scottish victims having justice of a lesser quality, because the decisions about prosecution are accountable to this House in England, and there would be no such accountability for decisions on prosecution if they were to be taken in the Scottish Parliament.

[Chris Stephens]

Not true.

[Mr Carmichael]

Can the hon. Gentleman sitting to my left explain to me why he thinks that is not true?

[Chris Stephens]

I will—and I am always to his left, as he knows. If the Parliament discusses legislative consent, that is where the accountability takes place. I say to the right hon. Gentleman again—he does not need to answer it today, because the Bill will go through other stages and the Minister said he is considering it—that I hope he will consider the Criminal Justice Bill example and legislative consent as a solution to the issue.

[Mr Carmichael]

It is a solution to the issue inasmuch as it is another means of doing the same thing that the hon. Gentleman’s party wants to do in respect of the Bill, but it is not a solution inasmuch as it allows that level of accountability, and it is the accountability that matters.

The current Lord Advocate, Dorothy Bain, has already said, on the record, that

“not every case involving Horizon evidence will be a miscarriage of justice and each case must be considered carefully and with regard to the law. It is also important to recognise”

—as others have said here—

“the important…constitutional role of our Appeal Court in Scotland and that due process must be followed.”

That is a qualitatively different approach from the one that is at the heart of the Bill. The Lord Advocate may be right, but that is where she has to explain herself; and she also has to explain the decisions that were taken by her predecessors. It is 30 years ago now, but I did start my legal career, meagre and modest though it may have been, at the Crown Office in Edinburgh. Elish Angiolini, whom we were fêting here a week or two ago for her report on the workings of the Metropolitan police, was my first boss when I was a trainee solicitor there. My second boss was Frank Mulholland—now Lord Mulholland —the second Lord Advocate who would have had responsibility for some of these cases. All of them will have to be accountable in their own way.

The current Lord Advocate will of course be accountable, and it is obvious from the statement she gave to the Scottish Parliament that her work is already fairly well advanced. She has confirmed that the Scottish Criminal Cases Review Commission wrote to 73 potential victims of the Horizon scandal in 2020. She has also confirmed that the Crown Office has identified another 54 cases that are being reviewed by prosecutors, and that many of those cases have been contacted by the SCCRC as well. As of March 2024, 19 people have come forward to have their cases reviewed. Eight of them have been referred to court, with six having their cases cleared. The remaining two cases are still pending an outcome.

Given the amount of work that has been done and given the nature of what the Lord Advocate has said on the record, it makes, to my mind, absolutely no sense for the Scottish elements of this one narrow part—on the decisions to prosecute—to be taken differently. It comes down to accountability, and if we have learned nothing else throughout this whole sorry episode of the Horizon system and Post Office Ltd, surely we have learned that, at the end of the day, accountability makes a difference.

Post Office Legislation

Alistair Carmichael Excerpts

Wednesday 13th March 2024 Commons Chamber

[Kevin Hollinrake]

I thank my hon. Friend for his regular contributions in this area, as it is always good to have the views of the only former serving postmaster in this House. We are looking to try to identify the figure he refers to and we hope to come back to him at some point; it is complicated, as a lot of these records go back a long way. However, that is a body of work we are undertaking with the Post Office. The Secretary of State had a conversation yesterday with the global chief executive of Fujitsu; we are keen to make sure that Fujitsu contributes and it has already said that it will—it said it has a moral responsibility to contribute. My hon. Friend mentions a figure of £1 billion, but we do not know the final figure for compensation. However, we would expect a significant element of it to come from Fujitsu.

[Mr Alistair Carmichael (Orkney and Shetland) (LD)]

Like others, I thank the Minister for advance sight of his statement but, novelly, I also thank him for advance sight of the Government “top lines to take”. That latter document includes this passage:

“So far we have identified up to around 800 cases that are potentially in scope [Note: if we use this number in public we are going to get held to it. There is a risk that we may deliver fewer overturns or award redress”—

to—

“fewer individuals, we will then have to explain that]”.

If it is the view of officials in the Minister’s Department that accountability and transparency are some sort of problem, does he really think that they are best placed to exercise oversight of the compensation scheme? Should that not be put now in the hands of someone who is independent of both Government and the Post Office?

[Kevin Hollinrake]

The figure the right hon. Gentleman uses and the document he references, which I was unaware he had, are interesting. Me being me, I had not read that line, although my previous comments might indicate that I had because I mentioned that exact figure. I am not afraid to be transparent or accountable for any of the delivery of these compensation schemes.

Oral Answers to Questions

Alistair Carmichael Excerpts

Thursday 7th March 2024 Commons Chamber

[Mr Speaker]

I call Bob Blackman. Not here.

[Mr Alistair Carmichael (Orkney and Shetland) (LD)]

Can the Secretary of State give me some assurance that any free trade agreement with Israel will not allow the importation of goods produced in settlements on the west bank?

[Kemi Badenoch]

Yes, I can give the right hon. Member that assurance. We are clear under our existing UK-Israel trade and partnership agreement that Israeli goods originating from the State of Israel receive tariff preferences. We also have a separate interim agreement between the UK and the Palestinian Authority. I confirm that that will continue to be the case with an upgraded FTA with Israel. We will not compromise our long-standing positions on the middle east process throughout this negotiation, including with respect to settlements.

Groceries Code Adjudicator

Alistair Carmichael Excerpts

Tuesday 5th March 2024 Commons Chamber

[Mr Alistair Carmichael (Orkney and Shetland) (LD)]

Having seen the House run through business at such a blistering pace, we can now all settle back and enjoy the next four hours and six minutes as we consider the matter of the Groceries Code Adjudicator. I assure the House that it is some years since I made my living by speaking for six-minute units in the legal profession, so we may manage to knock off the odd six minutes here or there. I remind the House of my entry in the Register of Members’ Financial Interests.

Yesterday we were here in rather greater numbers for a wider debate on agriculture. I spoke then about the importance of food manufacture and processing to the local economy in the northern isles. Today we paint on a somewhat broader canvas with issues of wider concern, but what is important for the agricultural industries throughout the United Kingdom will always be important for us in the northern isles.

In recent years, farmers in my constituency and elsewhere have found themselves caught in a pincer. They have seen their input costs—particularly the costs of fuel and fertiliser—rise sharply, while the price that they are able to get for their produce at the farm gate has continued to be depressed by the operation of the market in which they are often required to operate. Farmers have, to put it bluntly, found themselves squeezed in the middle.

I think it worth reminding ourselves of how we came to this point. The genesis of the Groceries Code Adjudicator was an inquiry by what was then the Competition Commission—now, I guess, the Competition and Markets Authority. That inquiry took many years of pressure to be held, and its report led to the creation of the groceries supply code of practice, which was, in turn, followed by the Groceries Code Adjudicator Act 2013. It was a long, slow and painful process to get even to that stage. I remember the conversations that I had with colleagues in 2013, as a Minister in the coalition Government, about how the adjudicator would operate and whether it would be sufficient. I think we all knew that, at some point or other, we would need to revisit the matter, but we were certainly pragmatic about it, and took the view that what we were getting in 2013 was better than nothing.

[Jim Shannon (Strangford) (DUP)]

I commend the right hon. Gentleman for securing this debate on a massive issue that affects us all. Hailing as I do from a farming constituency, I have a deep and intricate interest in the defence of farmers’ prices and income. My real fear is that the harder farmers struggle to eke out their pay, the less likely future generations will be to pursue farming, being isolated and working night and day for less than minimum wage. Does he agree that we need to defend the pay scales, through an enhanced adjudicator power, to secure the viability of the job as an occupation for the future?

[Mr Carmichael]

I do. I felt that a debate focused on the Groceries Code Adjudicator was timely and essential because the relationship between the producer and the retailer is critical. Unless we get that relationship right, there will be no future; many generations, one after the other, have made the decision to go into agriculture, but it will simply not be worth it. As many of our environmental objectives rely on agriculture, the reduction of agriculture and the change we are seeing in the countryside will ultimately be counterproductive to achieving those environmental gains.

I understand Governments’ reluctance and caution about interfering in the operation of a market—we all know that the law of unintended consequences is never far away—but 10 years since the adjudicator’s creation, it is surely obvious that the way in which it is working, measured by its outputs, is simply not good enough, and that reform is required. On the basis of the debate we had in the Chamber yesterday, the good news for the Government is that there is already a fairly broad consensus in the House, both from people representing rural seats and those representing urban seats, about what that reform should achieve.

The Competition Commission’s report identified what was essentially a dysfunctional market. On the one hand, we have a handful of behemoth purchasers: 95% of the food consumed in this country comes from 12 retail companies. On the other hand, we have thousands of small businesses—farmers, processers and others. We have all heard the stories over the years about the influence of the supermarkets. Of course, big food manufacturers such as Kraft Heinz can compete—they can engage with supermarkets on something like an equal footing—but for the farmers and processers in my constituency and those of other Members, it is a very different story.

The hard commercial fact is that farmers require access to supermarkets to grow their business, but once they have access to those supermarkets, the risk is that they become dependent on it. At that point, it is the supermarkets that can dictate the terms and conditions on which trade is done. Of course, that is a matter of contract, but as any lawyer could tell us, when it comes to taking action to enforce or arbitrate on the basis of a contract, that contract is only as good as the resources behind it. It seems that even 10 years after the creation of the adjudicator, it is still necessary for farmers and processers to say that supermarkets should be required to buy what they say they are going to buy, pay the price that they say they are going to pay, and pay it on time. The fact that we still hear that message is the simplest basis on which I can illustrate the need for reform.

At the moment, our farmers find themselves in a perfect storm. Leaving the European Union brought with it the repatriation of agricultural policy, as well as a number of trade deals with other countries in other parts of the world. The changes to agricultural support risk reducing the amount of food produced on the land; at the same time, we see land given over to other, non-food-producing purposes, such as the creation of renewable energy resources or the process of growing trees—rewilding. Those trade agreements open up our markets to imported food. If that food is not produced according to the same welfare and environmental standards that we expect our farmers to meet, it will inevitably lead to an imbalance in price, which makes it more difficult for our farmers to compete on price. At a time when we see huge pressure on family budgets as a consequence of a massive spike in the cost of living, consumers will increasingly buy on the basis of price. It seems to me that we are putting ourselves in a place where our own farmers are least able to compete on the basis that consumers are most likely to buy on.

If the Government are sincere in wanting to keep productive farming and a proper, functioning market, the relationship between the farmer and the retailer is absolutely critical—it is more important than ever. I was struck when listening to the debate yesterday how many of the participants spoke about subsidies for farmers. The hard truth of the matter is that these subsidies have never properly been subsidies for farmers; they have been subsidies for consumers, because they have allowed farmers to sell their produce at a price that simply would not be economic in any free market. The people who have benefited from these farm subsidies have ultimately been the consumers and the large corporates—the supermarkets—that have been supplying them.

The world is very different today from the one in which the adjudicator was created 10 years ago. There are changes that I would like to see, around which consensus was apparent yesterday. The first difficulty in the way in which the adjudicator’s functions and office were created is that the remit given to them misses out on the early parts of the supply chain. It does not cover producers who supply processers, or smaller retailers. As with the Groceries Code Adjudicator, the code of practice surely requires to be extended to include processers, hospitality and manufacturers.

As well as the remit given to the adjudicator, the resourcing of that office also requires to improve. It is difficult to see how we can possibly hope for an adjudicator to exercise meaningful control over the big supermarkets—who, incidentally, fund its operation through a levy—if the cost of a single investigation is greater than its annual budget. Remember also that when it comes to the dialogue between the regulator and the supermarkets, the supermarkets will not be under-resourced and they have every interest and every means to ensure that they put forward the most favourable case they can possibly create. Just as there is an inequality of arms between supermarkets and farmers, so there is an inequality of arms between the supermarkets and the regulator.

Also, the code applies only to direct suppliers, which are now the 14 largest retailers. There is no protection, as things are currently structured, for those who would be indirect suppliers, so any supermarkets or other large retailer that wishes to avoid enforcement or coming under the attention of the Groceries Code Adjudicator can do that quite simply by purchasing the goods through intermediaries.

The Agriculture Act 2020 allowed the Department for Environment, Food and Rural Affairs to create statutory codes of conduct. I am aware that a consultation being carried out by the Government on contractual relationships in the fresh produce industry finished on 22 February. I expect that that is still being considered by Ministers, but I hope it will be possible to hear some indication from the Minister today of when we might see the outcome of that consultation. As we consider the reform of the adjudicator’s office, we must ask one simple question: is there an overall strategy at play? It seems to me that different avenues of influence are possible and that, as part of the review, the compatibility of the codes of conduct under the 2020 Act and the office of the adjudicator requires to be examined.

Bluntly, I do not care how we tackle this. The vehicle for change is irrelevant, as far as I am concerned. It is the outcome, the change that we are able to achieve, that matters to me. The concern that is most frequently expressed to me is a pretty fundamental one—namely, that the code does not cover pricing. Few things illustrate that better than the way in which the dairy industry has been affected by supermarket activities in recent years, but when we speak to producers in just about every sector, we get the same story every time.

The strands of Government policy that we have at the moment—the removal of support for production through the new agricultural policy for England, which, as I said yesterday, has a knock-on effect for agriculture in other parts of the United Kingdom, and the improvement of food security—will only both be achieved if British farmers receive a fair price for the food that they produce. If we do not achieve that, then removing the direct support for food production from our subsidy system will leave us with no option but to import ever more of our food. The carbon consequences of the production of that food—reference was made yesterday to its being produced in Central and South America in ground that would previously have been rainforest or whatever else—and its transportation would run counterproductive to other stated Government policies.

It is in the round that we see the importance of regulating properly this relationship, and it is now a matter of urgency. Recent research demonstrated that 49% of farmers in the United Kingdom fear they could be out of business next year, 61% identify supply chain unfairness as something that has an adverse effect on their mental health, and 23% of dairy farmers doubt that they will continue into 2025. Action needs to be taken. There is a willingness in this House to take meaningful action to deal properly with this relationship, which in itself will have a significant effect on the future economic and social viability of our rural communities producing good-quality food for people in all our communities to consume. Who would not want that?

[The Parliamentary Under-Secretary of State for Business and Trade (Kevin Hollinrake)]

It is a pleasure to serve with you in the Chair, Mr Deputy Speaker. This debate is very important to me personally. My father was a hill farmer, and I represent a rural constituency with many farmers who are experiencing many of the pressures that the right hon. Member for Orkney and Shetland (Mr Carmichael) referred to; indeed, he described them as a perfect storm. I congratulate him on securing the debate and on all the work he does in this area, of which I am only too aware. He mentioned the pressures that farmers and those in the farming community face making a living, and the competition for land from different land uses, with which we should be careful in ensuring that we have food security as well as energy security and the other things that we need to retain in this country.

The right hon. Gentleman is of course familiar with the Groceries Code Adjudicator, but it might be worthwhile setting out exactly what it is there to do, how it can help get a fair deal for farmers, and what else we are doing to ensure that that is the case. The role of the GCA is to enforce the groceries supply code of practice. It does so by providing advice and guidance to both suppliers and large retailers on matters relating to the code, arbitrating in disputes between large retailers and their direct suppliers, investigating issues to ascertain whether there has been non-compliance with the code, and imposing sanctions and other remedies for breaches of the code.

The code applies to the 14 largest grocery retailers in the UK, which have an annual turnover in groceries of £1 billion or more. As the right hon. Gentleman rightly pointed out, the code was put in place following a detailed market investigation by the Competition Commission between 2006 and 2008, which found that direct suppliers of groceries to large supermarkets faced unfair risks that adversely affected competition and, ultimately, consumers. The code regulates designated retailers’ interaction with their direct suppliers, including some but not the majority of farmers.

While the code prevents the unilateral variation of supply agreements, such as on wastage and forecasting errors, and requires retailers to pay invoices on time, it does not cover prices agreed between a retailer and a supplier, which, as the right hon. Gentleman says, are a matter of commercial negotiation. However, the code does help ensure that negotiations are conducted fairly and transparently, and the GCA has an interest in ensuring that negotiations on cost price pressures do not lead to non-compliance with the code.

Of particular note are the GCA’s seven golden rules, which all the regulated retailers have signed up to and which safeguard the requirements of the code in discussions about price and cost pressures. There is strong evidence to show that the GCA has been highly effective since it was established in ensuring compliance with the code and changing the behaviour of retailers to ensure fairness for suppliers.

Stakeholders have expressed a positive view of the GCA and their input has helped inform the statutory review of the performance of the GCA that the Government conduct every three years. Indeed, I met many of those suppliers and they spoke very clearly about the benefits of the GCA that they see. Those suppliers represent many of the primary producers referred to by the right hon. Gentleman.

The third such review concluded in July 2023 and I hope the right hon. Gentleman’s constituents felt able to submit their views. The review considered publicly available evidence and the responses submitted by 71 stakeholders, including from 27 individual suppliers and their representative bodies, and 30 other trade associations, organisations and individuals. Most of the suppliers who responded to the review said they believed the impact of the GCA on the groceries market had been positive as retailer behaviour had improved. They also said the adjudicator had addressed the previous imbalance of power and made the grocery market fairer to operate in. For instance, in 2014, just after the GCA was set up, four out of five direct suppliers responding to the GCA’s first annual survey said they had experienced an issue with the code. That is now down to one in three, and the issues that concern suppliers are down in practically all cases. Suppliers, including small and medium-sized enterprises, feel better protected against any poor behaviours from retailers following the best practice put in place by the GCA. In 2022, more than two thirds of direct suppliers felt that retailers covered by the code conducted relationships fairly.

Overall, there is a consistently high level of awareness among suppliers of the GCA and the code. I have met the current adjudicator, Mark White, several times and have been extremely impressed by his pragmatic approach to ensuring the compliance of the designated supermarkets, which has helped to stop problems escalating and reduced the need for time-consuming and expensive formal dispute resolution.

I am aware that some Members have asked whether the GCA has the necessary powers and resources. I know that Mark White believes his current powers provide the necessary tools to enforce the code and change retailer behaviour. He is also responsible for determining the level of resources that he needs and setting the levy of regulated retailers to fund his work. While Ministers are responsible for approving the proposed levy, the Government have always accepted the adjudicator’s levy business case and will of course give careful consideration to future requests.

[Mr Carmichael]

I am pondering the words the Minister has used. I think he is right that the adjudicator does have the powers to investigate and enforce the code of practice, but there are still big areas that are not covered, and that comes to the concern that farmers, producers and processors have.

[Kevin Hollinrake]

I am not ignoring the right hon. Gentleman’s concerns at all. I recognise them and, as I said earlier in my speech, the vast majority of the market in terms of primary producers is not covered by the code. I will come on to that shortly. The right hon. Gentleman will be aware that there would be challenges in the GCA being the custodian or overseer of thousands upon thousands of business contracts, with the complexity and bureaucracy that would flow from that, which neither of us would wish to see. That would, of course, result in an impact on prices as well. I will address that later.

We recognise that, despite the GCA’s effectiveness and successful interventionist approach, we have not yet stamped out all unfair practices. The impact of the recent cost price pressures in the food sector has demonstrated how external factors can affect relationships and behaviours. As such, we recognise the continued need for the GCA’s role in ensuring fair treatment of suppliers to supermarkets through enforcement of the code. We are aware that some poor practices are affecting producers across several agricultural sectors not covered by the code and that primary producers, such as farmers, have felt unfairly treated. The Government also want farmers to get a fair price for their products—that was the opening and closing argument of the right hon. Gentleman—and we are committed to tackling contractual unfairness that can exist in the agrifood supply chain.

Powers in the Agriculture Act 2020 enable the introduction of statutory codes and contractual practice to protect farmers. Those codes would apply to any businesses purchasing agricultural products directly from farmers, including processors, consolidators and other intermediaries, providing greater certainty for farmers by ensuring that clear terms and conditions are set out in contracts. That will seek to improve the negotiating position of farmers to achieve fairer prices and greater transparency and accountability in supply chains. Ministers in the Department for Environment, Food and Rural Affairs are exercising the powers under the 2020 Act in a sector-specific approach, acknowledging that the problems experienced by each sector differ widely and avoiding broad regulation that places burdens on sectors that may not require intervention.

The first sector-specific regulations for the dairy sector were laid in draft in February 2024 and regulations for the pig sector are expected to be introduced later this year. Work is also progressing on regulations for the egg sector, and DEFRA carried out a fresh produce review, which the right hon. Gentleman referred to, in December 2023, and the response to that will be published shortly. I cannot give a more definitive timescale than that, I regret—if it was all in my gift, perhaps I could, but it is not. He is probably pretty familiar with the term “shortly”. Crucially, the recruitment is under way for an agricultural supply chain adjudicator, who will be responsible for enforcing the new regulations.

As I touched on earlier, it may be that the GCA’s effectiveness is the reason why some think we should extend its role to ensure the better protection of primary producers in the grocery supply chain, such as farmers. Requiring the GCA to regulate the many thousands of transactions throughout diverse supply chains would risk diluting the adjudicator’s tight focus on the 14 largest supermarkets and could undermine its record as a highly effective regulator. In terms of what it does, if something is not broken, don’t try and fix it. However, we do understand that parts of the system are broken, and that is why we are bringing in the sector-specific supply chain remedies.

It is important to safeguard the GCA’s ability to remain vigilant on the compliance of the 14 designated retailers. The Government therefore have no plans to extend the adjudicator’s remit, but instead seek to learn from and emulate the GCA’s approach and effectiveness, so that it can be replicated for the sector-specific codes.

Question put and agreed to.

Post Office Board and Governance

Alistair Carmichael Excerpts

Wednesday 28th February 2024 Commons Chamber

[Kevin Hollinrake]

We are absolutely committed to ensuring that we have the resources available to settle compensation claims quickly. Certainly, a file note that I took away from yesterday’s session was about the number of individuals looking after compensation from Addleshaw Goddard’s end, although it is turning around the offers increasingly quickly. Responses to full claims now happen within 40 days in 85% of cases. There has been an improvement. We are keen to ensure that every part of the process has the resources it needs to pay the compensation fairly and quickly.

[Mr Alistair Carmichael (Orkney and Shetland) (LD)]

Surely what we saw yesterday was a glimpse of senior management in the Post Office who are now completely dysfunctional. As such, it is difficult to see how anyone can have confidence in their administration of the various compensation schemes. Would it not be a sensible first step to restore confidence in that most important national institution—the Post Office—to take all role for them out of the administration of the compensation schemes and appoint an independent commissioner? Nothing starts to get better for the Post Office until the schemes are successfully delivered and wound up.

[Kevin Hollinrake]

I think what we actually heard and saw was a dysfunctional former chair of the Post Office; that is what we saw. Interestingly, to the right hon. Gentleman’s point about compensation schemes, the former chair said at one point during his evidence that he had no concerns about the speed of delivery of the HSS—which was extraordinary, because I have many concerns about it.

I hear loud and clear calls from across the House about the role that the Post Office is playing in compensation schemes. These are sensitive matters, because people in the Post Office are employed to manage and administer the compensation schemes. I hear the point made by the right hon. Member for Orkney and Shetland (Mr Carmichael) loud and clear. We are looking at it, but I reassure him that all three schemes have independence in them: an independent panel in the HSS; an independent panel and a reviewer, Sir Ross Cranston, on the GLO scheme; and the independence on the overturned convictions in Sir Gary Hickinbottom. Both latter people are retired High Court judges, which should give claimants and the right hon. Gentleman, I hope, some confidence that the schemes will operate properly.