Post Office (Horizon System) Offences Bill

Angus Brendan MacNeil Excerpts

2nd reading
Wednesday 20th March 2024 Commons Chamber

[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.