Horizon Settlement: Future Governance of Post Office Ltd

Julian Lewis Excerpts

Thursday 19th March 2020 Commons Chamber

[Bambos Charalambous (Enfield, Southgate) (Lab)]

The Post Office Horizon scandal must rank as one of the most shocking and badly handled ever. Its impact on honest, hard-working sub-postmasters has been truly devastating and life changing. Even the compensation won by the sub-postmasters in their class action against the Post Office will do very little to replace the lost years of pain, suffering and social stigma due to being classed as criminals, when all these people set out to do was to earn an honest living.

One of those affected is my constituent Kamran Ashraf, whose wife was a sub-postmaster, and together they ran the business. Right from the beginning, using the Horizon software provided by the Post Office, there were shortfalls. In September 2003, the Post Office carried out an audit of their branch and found a shortfall of £25,000. Following investigation, the Post Office prosecuted Kamran and his wife, but because they had two small children, even though they had done nothing wrong, Kamran decided to plead guilty so that their children would not risk both their parents being incarcerated. In February 2004, he was sentenced to nine months’ imprisonment at Kingston crown court and, to add insult to injury, was fined £25,000.

Kamran and his wife lost their business and their home and had to enter into an individual voluntary arrangement to pay off creditors. Because of his conviction Kamran struggled to find work, and although his conviction is now spent and he has found employment, he still has that stain on his reputation because his conviction has not been overturned.

In August 2015 Kamran happened to chance on the BBC “Panorama” TV programme, which highlighted other cases identical to his, where sub-postmasters were prosecuted and convicted due to shortfalls in their takings following an audit. Dozens of sub-postmasters were affected and came forward and formed an action group called the Justice for Subpostmasters Alliance, or JFSA for short. The JFSA, led by Alan Bates, brought a class action with a total of 557 sub-postmasters which was vigorously fought by the Post Office, and on 11 December 2019 the sub-postmasters were awarded £57.75 million in damages.

My right hon. Friend the Member for North Durham (Mr Jones) is right when he says that the biggest scandal of all was the fact that the Post Office denied that there was any flaw in the system but knew all along there was a problem, while innocent people were sent to prison.

[Dr Julian Lewis (New Forest East) (Con)]

One other thing the Post Office must have known all along was that there was this huge spike in postmasters and postmistresses being reported and prosecuted, so they did not know that they were not alone in the matter, but the Post Office presumably knew that all this was going on at scale.

[Bambos Charalambous]

The right hon. Gentleman is absolutely right and makes an excellent point. Evidence about the infallibility of the system would have led to the conviction of these sub-postmasters, and that is why we need to look at how to progress this further. While after the trial the Post Office chairman conceded that it had got things wrong in the past, the fact was that the Post Office fought the action until the bitter end, and that speaks volumes.

Criminal Law

Julian Lewis Excerpts

Tuesday 28th January 2020 Commons Chamber

[Chris Philp]

Victims who feel that a sentence is unduly lenient currently have a 28-day period following sentencing to apply under the unduly lenient sentencing scheme to the Attorney General, who can then make a reference to the Court of Appeal. On a review of sentencing more generally, which may well include the tragic case to which my hon. Friend referred, the sentencing White Paper that will come forward a little later this year, followed by a sentencing Bill, will provide my hon. Friend and other colleagues with an opportunity to raise issues that go beyond the matters we are considering today. I will of course listen carefully to this debate, in which colleagues from all parties may raise issues that can feed into the sentencing White Paper.

One topic that the sentencing White Paper will certainly deal with, although we are not dealing with it today, is short custodial sentences, which are not particularly effective at stopping reoffending. The White Paper will address that, and in particular it will make proposals to do more to treat the causes of offending behaviour, particularly drug and alcohol addiction and mental health problems, which are often the cause of high-volume repeat offending. Short custodial sentences do not deal effectively with that cohort of offenders, but that is not the topic of the regulations; it is a matter we will come to in the forthcoming White Paper and sentencing Bill.

[Dr Julian Lewis (New Forest East) (Con)]

I am grateful to the Minister for giving way again. May I offer a refinement on the suggestion made by my constituency neighbour, my right hon. Friend the Member for New Forest West (Sir Desmond Swayne)? We understand why one wants to give prisoners who are serving a sentence an incentive to behave well in jail, but that could be achieved without this upset of the public perception that someone is getting a longer sentence than they are really getting. Prisoners could be given the sentence that they are going to serve, with the expectation that if they misbehave, it can be extended by a certain amount, rather than their being given a sentence that they can reduce by a certain amount if they behave themselves in prison. That would avoid the perception among the public that the Government are trying to con them into believing that the sentences being imposed are more severe than we all know them to be in reality.

[Chris Philp]

I thank my right hon. Friend for his intervention. I should make it clear—I will explain this in a bit more detail in a moment—that the standard determinate sentences under discussion today have an automatic release point. The current release point, at 50% of the sentence, is not contingent on good behaviour; it is automatic. We are proposing to remove that automatic release point to two thirds as a first step, but, of course, there are other things that we could do in the area that he has just mentioned. Examining and investigating the clarity of sentencing decisions and how the public understand them are certainly matters that the sentencing White Paper and sentencing Bill can properly look at, and I am very grateful to my right hon. Friend for raising that.

What today’s regulations do is to take a very specific area where we can act quickly and immediately, rather than waiting for the larger and wider piece of work to be done later in the year. Of course, as part of that piece of work, we might well choose to go further than is the case today, but here is an area where we can act quickly and decisively and deliver on a critical manifesto commitment just 47 days after the general election.

Buildings with ACM Cladding

Julian Lewis Excerpts

Thursday 9th May 2019 Commons Chamber

[James Brokenshire]

I thank the hon. Gentleman for his comments and for his campaigning on these issues of fire safety, as well as on leasehold, over many months. Regardless of whether I look forward to coverage in Inside Housing, I recognise the work it has done in assisting and helping to shine a light on a number of these factors. As the hon. Gentleman knows, there are programmes of work by the Law Society and other agencies, and the Law Commission’s overarching work on leasehold is a separate programme that we intend to continue. We will continue to engage with the hon. Gentleman and others in relation to progress on that.

[Dr Julian Lewis (New Forest East) (Con)]

Will the Secretary of State explain how this welcome scheme will work in a couple of respects? Is the list of 433 vulnerable buildings going to be published? How will those who might be living in a building where no work has been done be able to access the scheme, and will any of the money be recoverable from the freeholders who refuse to do the work of their own volition?

[James Brokenshire]

We are aware of all the survey work and other steps that local government has been involved in, and I pay tribute to local councillors for their active engagement, alongside fire authorities, in enabling us to arrive at this position. As I have said, we want claims to continue to be made against those with responsibility and liability, whether through warranty claims or insurance, and to see that moneys are repaid. There are 175 private residential buildings and 159 social residential buildings where ACM cladding has been identified, and steps and interim measures will be in place to give assurance now. We will continue to engage with the authorities and building owners as we make progress in this regard.

Oral Answers to Questions

Julian Lewis Excerpts

Monday 30th April 2018 Commons Chamber

[Mr Speaker]

Ah, yes—the good doctor. I call Dr Julian Lewis.

[Dr Julian Lewis (New Forest East) (Con)]

Thank you, Mr Speaker.

May I welcome the substantial central Government grants that have been made to enable Jewish buildings to be better protected? But given that three quarters of all anti-Semitic incidents happen in Greater London and Greater Manchester, will the new Secretary of State seek out the Mayors of those two cities to see what more can be done to protect their Jewish communities?

[James Brokenshire]

I am grateful to my right hon. Friend for raising this significant and important issue. I pay tribute to the Community Security Trust for its work in providing safety and security in this area. I will certainly engage further not just with my right hon. Friend but with local government to ensure that we continue to make progress.

Windrush

Julian Lewis Excerpts

Monday 30th April 2018 Commons Chamber

[Sajid Javid]

No, I do not wish to comment on that question, because it was just political point scoring and not serious in any way.

[Dr Julian Lewis (New Forest East) (Con)]

From his earliest days as a Member of this House, my right hon. Friend has spoken out uncompromisingly against all forms of anti-Semitism. What will he do to encourage some other people in some other parts of this House to follow the fine example he has set?

[Sajid Javid]

In my previous role as Communities Secretary, I obviously had a big role to play—I was privileged to do so—in fighting race and hate crime of all types. In my new role as Home Secretary, I will work very closely with my successor to make sure that we are fully co-ordinated in fighting hate crime and that we look carefully, particularly with regard to anti-Semitism, at what more we can do.