Post Office (Horizon System) Offences Bill

Clive Efford Excerpts

2nd reading
Wednesday 20th March 2024 Commons Chamber

[Mr Kevan Jones (North Durham) (Lab)]

Can I begin by declaring an interest as a member of the Horizon compensation advisory board? It is a pleasure to follow the hon. Member for Sutton and Cheam (Paul Scully). When he was a Minister he grasped this issue and drove it forward, and I am sad to see that he is standing down at the next election. One thing he can claim great credit for is being the only Minister I have dealt with, apart from his successor, who had compassion and wanted to sort this out. Okay, we had some quite heated disagreements on occasions, but at least he was prepared to listen. He brought a unique set of skills, and when he leaves the House he can have this great achievement for the individuals affected as a great credit to his parliamentary record.

I welcome the Bill. It was a solution put forward by the Horizon compensation advisory board, and I want to pay tribute to Professor Chris Hodges, Lord Arbuthnot and Professor Richard Moorhead, who sit on the advisory board with us. When we came up with this plan, did we think that the Government would agree to it? No, we did not. Were we shocked when they did? We were. I will not say what Chris Hodges said privately at one meeting because it would be unparliamentary.

This was a difficult thing to do and it comes after years of heartache and a lot of campaigning by the sub-postmasters. Alan Bates has already been mentioned and I pay tribute to him and the 555. As the hon. Member for Sutton and Cheam said, if they had not taken that court case, the dam would not have broken—this is down to those individuals who had the tenacity to do that. Over the years, has it been easy for those individuals? No, it has not. As someone who has been involved for many years, I can tell the House that we did sometimes doubt ourselves and ask whether we were missing something. We were not missing something; it was a complete injustice. But when the system and the state are against a person, it takes great courage and tenacity to continue. I know that some had self-doubt along the way, but all credit to them—they stuck with it.

[Clive Efford (Eltham) (Lab)]

It is not just the Horizon case; it is also Hillsborough, Grenfell, Windrush and the contaminated blood scandal where people are still waiting for compensation. The state and the justice system, which are there to protect citizens, actually become the enemy of the citizen. Does my right hon. Friend agree that we need to find a way for people to get quicker redress and have their cases heard, rather than the state saying that it cannot be wrong in any circumstances and leaving these people to fight for such a long time to get justice?

[Mr Jones]

I agree totally with my hon. Friend and I pay tribute to him. In all these debates over the years, he has always been on my right hand side arguing for his constituents. I thank him for his work and his persistence.

My hon. Friend also raises a bigger point. When the state get things wrong—badly wrong in this case, but he mentions other cases as well—it goes into tortoise mode and says that it cannot be wrong. Well, it has been wrong. I am not making a party political point here, because is not one. Across the House we need to come up with a system of dealing with these cases, in terms of the transparency of information that we need to get out of the system and of having a swift compensation system for putting things right. We need to work on that in the next Parliament on a cross-party basis. As the Minister said earlier, he was involved in a number of cases that involved not the state but the private sector, but they were very similar. This is something I would certainly like to work with colleagues on.

I also want to thank the Minister for his work. I would not describe him as a show pony in politics; he is the steady shire horse of this place. He is solid and determined and he pushes on, even when obstacles are put in his way. I also give credit to him for the cross-party work he has done. He has not seen it as point scoring. He has worked closely with my hon. Friend the Member for Stalybridge and Hyde (Jonathan Reynolds) and other Members across the House and I really appreciate that. I would just say to any new Ministers after the election: if you want two examples of how to do the job, the hon. Member for Sutton and Cheam and the Minister are it and they should take credit for that.

Today’s Bill is historic. We are doing something very unusual and there is a delicate balancing act to be struck between this place and the judiciary. I understand that. I always respect the judiciary, but I also reflect on the fact that it has some questions to answer in this process. We had the trade union movement for the lawyers earlier on when the hon. and learned Member for Bromley and Chislehurst (Sir Robert Neill) and the right hon. and learned Member for South Swindon (Sir Robert Buckland) were on their feet—it would not be a debate without that lobby coming in—but the judiciary needs to ask the question: how did we get into this position? There was a pattern here, and robust questions were not asked. The hon. and learned Member for Bromley and Chislehurst said that we should not attack judges, but the conduct of certain judges in some of these cases was not very sympathetic to the victims, and we need to reflect on that. I do not think this place should interfere with the judiciary. The instant reaction that this is a fight between Parliament and the justiciary is wrong, but in this case the judiciary got it wrong.

The other area that desperately needs to be looked at is the use of computer evidence in court cases. At the moment, there is no reference to computer code in law. After the election, or sooner, we need an urgent review to reflect how computers are not static machines. They might be machines, but their software and code are ever changing. That is important.

I support the current approach, although I accept that some people are not comfortable with it. As the Minister said, only 103 cases have been dealt with so far, so I will explain why I am committed to this approach. Last year I had a phone call from an individual from the north-east—I do not want to identify him—who said that his friend’s wife had been prosecuted and that he thought it might be a Horizon case. I said, “Get him to speak to me, or I can go to see them.” It took quite a few months for him to persuade his wife to meet me.

It was only when I went to see the victim in her small council flat in the north-east of England that I understood why such people never come forward. This woman had run a successful sub-post office, but she was prosecuted by the Post Office. She should have a comfortable retirement and a highly respected name in the local community in which she still lives, but she does not. She is traumatised by her experience, and she was very reluctant to see me. She was terrified and kept asking, “My name won’t be in the paper again, will it?” I said, “No, no one will know what you have told me.” She would never have come forward to go into a court process. I have subsequently spoken to the family to reassure them that, if the Bill is enacted, the victim will not go to court. This woman is terrified. Her good name will be cleared, and she will have access to the compensation that she rightly deserves.

That is just one example, and there are numerous others. People ask whether the Bill is a messy way of doing it, but I do not think it is, because people like that victim would never have justice without it. Some people might be uncertain about what we are doing, but I am not. These are unique circumstances, and I do not think they set a precedent. We can ensure that these people have their good name restored.

When the newspapers have said that a sub-postmaster stole money that they did not steal, it takes a lot for them to stay in their small community. This happened 20 years ago and the victim is still traumatised, which is why this Bill is the right approach.

I welcome last week’s announcement that fixed awards will be offered through the Horizon shortfall scheme. The advisory board was pressing for this, and the Minister championed it too. These awards are a good way of ensuring that we deal with cases speedily. I read the Select Committee’s report, and I disagree on the time limit. We need to settle the straightforward cases—they are not all straightforward, but some are.

The Minister, like me, does not want to pay lawyers. It will be better if we can avoid paying lawyers by ensuring that the compensation goes to the victims, and fixed awards are the way to do it. I consider this to be like a bucket, and we need to take out the simpler cases. We then need to consider the more complex cases, which will take time. It is easy to say that officials are deliberately slowing down the system, but I do not believe that at all. Even the lawyers representing these people need time to do it. As the Minister knows, some cases will be very expensive, more than the £600,000 compensation award. This is the right approach.