Post Office (Horizon System) Offences Bill

Ian Paisley Excerpts

2nd reading
Wednesday 20th March 2024 Commons Chamber

[The Secretary of State for Business and Trade (Kemi Badenoch)]

I beg to move, That the Bill be now read a Second time.

I am pleased to present the Bill for its Second Reading. It will quash the convictions of those affected by the Post Office Horizon scandal in England and Wales—one of the greatest miscarriages of justice in our nation’s history. The legislation will clear the names of sub-postmasters whose lives were ruined because of the Horizon scandal: those wrongly convicted of or cautioned for offences of false accounting, theft and fraud, all because of a faulty IT system that the Post Office had implemented.

Instead of listening to whistleblowers such as Alan Bates when they raised concerns, the Post Office viciously pursued them for the shortfalls. Some were suspended or dismissed; hundreds were prosecuted, convicted and imprisoned; others were harried as thieves by their local communities. Several were driven to suicide. The Government cannot turn back the clock or undo the damage that has been done, but we will seek to right the wrongs of the past as best we can by restoring people’s good names and ensuring that those who have been subject to this tragic miscarriage of justice receive fair and full redress. The Bill represents a crucial step in delivering that.

[Ian Paisley (North Antrim) (DUP)]

The whole House appreciates the efforts that the Government are making to rectify this problem at last, but I appeal to them to listen to the cross-party representations made from both sides in this House and all sides in Northern Ireland, including by the First Minister, the Deputy First Minister and the Justice Minister for Northern Ireland, who have appealed for the fewer than 30 people in Northern Ireland who have been affected by the scandal to be included in the Bill.

[Kemi Badenoch]

We are working closely with the Northern Ireland Executive. We have carefully considered the territorial extent of each piece of legislation, and we are rigorous in our commitment to devolution. The hon. Gentleman should be assured of the amount of work that is taking place to ensure that we get the Bill done properly in a way that will not have unintended consequences. I thank him for that point.

This new legislation will quash all convictions that meet the clear and objective conditions laid out in it. We recognise that postmasters have suffered too much for far too long, which is why convictions will be quashed automatically when the Bill receives Royal Assent, removing the need for people to apply to have their conviction overturned.

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[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.

[Ian Paisley]

On the issue of consent, the shadow Secretary of State is right to point out that all sides of the House have consented to this legislation, and that is what makes law change flow much easier. A lot of good will has been expressed about Northern Ireland and increasing the territorial extent of this legislation, but that good will butters no parsnips—as someone else in the House often says. The fact of the matter is that, ultimately, we must ensure that Northern Ireland is included in this legislation. If a motion came forward to instruct the House to extend the Bill to cover Northern Ireland, would the Opposition support it, so that those fine words and good will are turned into strong action?

[Jonathan Reynolds]

I will say something specifically about the territorial extent of the Bill, but the straightforward answer is yes, there are circumstances here to which we should listen. I hope the hon. Member will not mind me saying this, but when all political parties in Northern Ireland are in agreement on something, it is usually worth listening and understanding why that might be the case. I will address specifically how we might deal with that matter later in my remarks.

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

For Members of the House, the wider public and, most of all, the victims of this horrendous scandal, today’s Bill cannot come soon enough. The day that the convictions are finally quashed, redress is finally paid and those victims can get on with their lives cannot come soon enough. The Bill will quash relevant convictions of individuals who worked, including on a voluntary basis, in post office branches and who suffered as a consequence of the Post Office Horizon IT scandal. It will quash, on a blanket basis, convictions for various theft, fraud and related offences during the period of the Horizon scandal in England and Wales.

The Bill is an exceptional response that recognises the constitutional sensitivity and unprecedented nature of the situation. The Government are clear that given the factually exceptional nature of the case, the legislation does not set a precedent for the future relationship between the Executive, Parliament and the judiciary. The scale and circumstances of the prosecutorial and investigatory misconduct means that a rapid approach is needed to deliver long overdue justice, while respecting the separation of powers and delicate constitutional balance.

I first spoke on the matter from the Back Benches some years ago, in the context of other scandals involving the Royal Bank of Scotland and Lloyds Bank, after a gentleman called Paul Marshall, a barrister involved in the cases, wrote to me drawing parallels between the Post Office Horizon case and the banking scandal. It was back in March 2020 that I first spoke about the issue and Lee Castleton’s tragic case. Because of the scale of the injustice, the depth of the damage and the despair, and the unacceptable delays in delivering justice, we must act in this exceptional manner.

I will touch on points raised in contributions to the debate. I thank the shadow Secretary of State, the hon. Member for Stalybridge and Hyde (Jonathan Reynolds), and the shadow Minister, the hon. Member for Bethnal Green and Bow (Rushanara Ali), for their collaborative approach. I join them in thanking one of my predecessors, my hon. Friend the Member for Sutton and Cheam (Paul Scully), on the tremendous job he did. We all wish him well in whatever he chooses to do in his new life, but I remind him that he still has work to do in this place because we have much work to do.

I gently push back on some of the points made by the shadow Minister, who said that the TV drama had stimulated the work that has gone on in recent weeks and today. We are public servants and we should respond to public outcry, so I welcome the new attention focused on the issue by the general public, the media and the House. However, I remind hon. Members and, most importantly, the victims that we put many measures in place to try to deal with the matter, not always as successfully or as quickly as we would have liked: the Horizon shortfall scheme and the inquiry, which started in 2020; the group litigation order compensation scheme; the Horizon compensation advisory board, on which the right hon. Member for North Durham (Mr Jones) sits so effectively; and the £600,000 fixed-sum awards for those whose convictions had been overturned, which was put in place last autumn. The exploration into how we might overturn convictions more quickly began some months before the TV dramatisation came to our screens. Indeed, the Post Office (Horizon System) Compensation Act 2024 assigned a deadline date that proved difficult for some of the victims.

The shadow Secretary of State pointed to possible service level agreements, in response to issues raised by the Business and Trade Committee about timings for compensation. As he and the shadow Minister know, there are service level agreements in the current compensation and the group litigation order compensation schemes that say there will be a response to 90% of final claims submitted within 40 days. We are hitting 87% against that metric, so we are making progress. We are considering such agreements in elements of the new scheme and other schemes, so I will come back to the House about that.

The hon. Member for Stalybridge and Hyde raised the point about Northern Ireland, as many other Members have, and we are taking that very seriously. We are sympathetic to the issue, particularly as the Assembly is newly formed. The requirement for public consultations in that jurisdiction may delay things, and we will bear that in mind in our deliberations.

The shadow Minister quite rightly raised the point about the impact of this not just on the victims, but on the victims’ families, their children and their spouses. Indeed, terrible things have happened to many of those families, including break-ups and suicides. We have all witnessed on our TV screens the extent of this problem. We will certainly consider mental health support for the affected individuals.

My hon. and learned Friend the Member for Bromley and Chislehurst (Sir Robert Neill) talked about a sunset clause. Interestingly, following his intervention on a sunset clause, three other legal opinions on a similar matter did not all agree with his point. The key thing is that all convictions are quashed the day this legislation comes into effect, which should be in July. Irrespective of the fact that we may not have identified somebody in the list of people whom we will write to following the passing of this Bill, their conviction will have been quashed. If they come forward to self-certify and we look at their case, that conviction will have already been quashed; we just need to mark the record.

The right hon. Member for Orkney and Shetland (Mr Carmichael) spoke about political accountability, which I shall come back to a bit later, because he raises some very important points. My right hon. Friend the Member for Haltemprice and Howden (Mr David Davis) said that this matter should have been dealt with in the courtroom. I think that we would all have preferred to see that. I have described this process in the past as the lesser of two evils. We must acknowledge that the first of the 983 convictions were overturned in 2021. Thus far, only 102 convictions have been overturned. That pace of progress cannot be countenanced, which is why we have taken this particular approach. I thank him, though, for his kind words on my work, but I reiterate that the Secretary of State has been hugely supportive of everything that I have been asked to do and that I wanted to do in this space. The same applies to the Prime Minister and the Chancellor of the Exchequer and many other Ministers right across Government.

Let me turn now to the hon. Member for Motherwell and Wishaw (Marion Fellows), for whom I have a great deal of time and with whom I have spent a great deal of time working on this issue. Her work on the all-party group on post offices is also invaluable. I fully understand her points about Scotland. She wants to ensure that her legislation works simultaneously with this legislation. We believe that that can happen in Scotland. There are no barriers as such with Scotland in the way that there are potentially with Northern Ireland. We also must bear in mind that the Lord Advocate tends to have a different opinion as to whether this is the right way to go about things. In taking this route, we have had to make some difficult political choices. One is to exclude cases that have been heard by the Court of Appeal. That is the decision that we had to take here—as I say, these were very difficult choices. The point about political accountability is important, which is why we decided to use this objective criteria route. The hon. Lady’s objective criteria would have to be different. For instance, Scotland has a different prosecutorial system, so the legislation cannot be identical. There are differences whichever way we look at this, so I am sure that this debate will continue.

[Ian Paisley]

I thank the Minister for giving way. He knows that we have huge admiration for the way that he has tried to wrestle his way through these issues. At the end of these proceedings, I intend to lay an instruction to the House motion. Is that necessary? Can the Minister tell us now that he will take this on and include Northern Ireland in the Bill?

[Kevin Hollinrake]

I understand the hon. Member’s point. I can tell him from this Dispatch Box that it is something on which we will continue to have dialogue. I have talked to his colleagues today and yesterday. In fact, I met the First Minister, the Deputy First Minister and the Justice Minister yesterday to discuss these matters. They raised some interesting points that we need to take into account. I am very happy to keep those conversations ongoing, so I will happily have a further conversation with him after this debate.