Post Office (Horizon System) Compensation Bill

Lord Beamish Excerpts

Committee of the whole House
Tuesday 19th December 2023 Commons Chamber

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

Thank you, Chair Nige—el.

We had a useful Second Reading debate. I am grateful for the constructive contributions from Members across the House. I welcome the chance for a more detailed examination of the Bill in this Committee of the whole House.

Clause 1 provides the continuing legal basis to pay compensation to members of the group litigation order scheme beyond the current deadline of 7 August 2024. As we have discussed, that is the deadline by which the Government aim to have concluded compensation payments to GLO members, but that power removes any doubt as to our ability to fund compensation beyond that date should it prove necessary.

Clause 1 does that by empowering the Secretary of State to make payments

“under, or in connection with, schemes or other arrangements—

(a) to compensate persons affected by the Horizon system;

(b) to compensate persons in respect of other matters identified in High Court judgments given in proceedings relating to the Horizon system.”

That definition provides additional flexibility beyond the specific GLO scheme to facilitate compensation payments related to Horizon should it ever be required in future.

Clause 2 sets out the short title of the Bill.

Question put and agreed to.

Clause 1 accordingly ordered to stand part of the Bill.

Clause 2 ordered to stand part of the Bill.

New Clause 1

Eligibility of Potential Claimants

“The Secretary of State must amend the schemes to which this Act applies to ensure that—

(a) all persons affected by the Horizon system who have had their convictions quashed are compensated on the same basis, regardless of the rationale of the decision to quash the conviction; and

(b) all persons affected by the Horizon system with extant convictions relating to the Horizon system are compensated on the same basis as those claimants with quashed convictions, with the exception of those claimants whose convictions were based on clear, compelling and corroborated evidence.”—(Mr Kevan Jones.)

Brought up, and read the First time.

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

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

I rise to speak to new clause 1, which stands in my name and those of the hon. Member for Motherwell and Wishaw (Marion Fellows), the right hon. Members for Haltemprice and Howden (Mr Davis) and for East Antrim (Sammy Wilson), and my hon. Friend the Member for Jarrow (Kate Osborne). The clause would do two things: first, it would provide that all those with overturned convictions would receive compensation on the same basis, including the so-called public interest cases. Secondly, it would provide for all those with convictions that have not been overturned to receive compensation on the same basis as those with overturned convictions. I will deal with both issues in turn.

Reference has already been made to the number of overturned convictions that have gone through the Court of Appeal. Lord Arbuthnot and I approached the criminal cases review body about 10 years ago to highlight the injustice of these cases. In 2020, the Criminal Cases Review Commission started referring cases to the courts to overturn the convictions—the number of Post Office Horizon cases sent back to the courts has already made this the most widespread miscarriage of justice seen by the CCRC. Many of those cases have been described in quite a lot of detail today, with individuals such as pregnant women and others being sent to prison, including individuals who have since had their convictions overturned.

In April 2021, 39 former sub-postmasters had their convictions quashed by the Court of Appeal. The court concluded that the Post Office should not have prosecuted them in the first place, and found the Post Office’s conduct to be

“an affront to the conscience of the court”.

What has subsequently come out in the inquiry makes me wonder how on earth some of these people slept at night, knowing what they knew at the time while pursuing those individuals in court. Earlier, I made reference to Paula Vennells, who I understand is also an ordained Church of England priest—she clearly did not extend her godliness and forgiveness to those who were clearly innocent, but who she was quite content to see prosecuted. As far back as 2011, if not earlier, she knew that the Post Office system was not infallible, as other things possibly are in biblical spheres.

As the right hon. Member for East Antrim said, the idea that we suddenly had a huge influx of kleptomaniacs working for the Post Office—that all these individuals were somehow guilty—was absurd. It should have rung alarm bells, but it did not. The Post Office went on regardless. Not only did it pursue people and take them through the courts, but it took individuals such as Tom Brown to court and then, at the last minute, supplied no evidence, having already ruined those people’s reputations and lives.

As has been said, 93 individuals have had their convictions overturned so far, but there are many more people whose convictions remain unchallenged. We have had some debate on the advisory board about the numbers—I think the figure for the Post Office is about 700, but another 200-odd cases relating to Horizon issues were prosecuted by other bodies, including the Department for Work and Pensions. It worries me that only 93 of the 700 Post Office cases have been overturned.

Some people might ask, “Why haven’t these individuals come forward?” Having met many of them—those who have had their convictions overturned, or other victims of the sub-postmasters injustice—I think that they just want to close this chapter of their lives. They are not going to go anywhere near a court, and in some cases they have passed away. However, I urge anyone who was prosecuted to please try to come forward, although I know how difficult that is for some individuals. It is to the credit of the Minister and the Department that they have tried to reach out to some of these people but, as I say, having met them, I know that is not very easy.

--- Later in debate ---

[The Second Deputy Chairman]

Mr Jones, you indicated that you did not wish to press the new clause to a vote. Is that still your intention?

[Mr Jones]

It is, given the assurances that the Minister has given. I beg to ask leave to withdraw the clause.

Clause, by leave, withdrawn.

The Deputy Speaker resumed the Chair.

Bill reported, without amendment.

Third Reading

--- Later in debate ---

[Mr Kevan Jones]

I welcome the Bill’s passage, which is another small step on a long road. I note what the Minister said about the response to the overturned convictions, which will be difficult, but, as he well knows, we have been there before over the last few years. Again, I thank him for his active involvement.

I also thank the other members of the advisory board—Professor Chris Hodges, Professor Richard Moorhead and Lord Arbuthnot—for their continuing work. We will no doubt be meeting shortly, in the new year, to ensure that we achieve what we all want, with people getting the compensation they deserve as well as the answers. I thank the Minister’s officials, and in particular Carl Creswell, Rob Brightwell and Eleri Wones. They may seem long-suffering given some of the expressions they give to advisory board members when we raise more work and more difficult tasks for them to do, but without their support we could not have got to where we are today. Officials are sometimes not thanked, but it is right to thank them for their work on this. Again, what the Minister and all of us want is for the system to work and for it to go some way to help heal the great wrong done to the individuals concerned.

Thank you, Mr Deputy Speaker, for chairing our proceedings. I wish you, Mr Speaker, the Deputy Speakers and Members of the House all the best for Christmas and the new year. Let us hope that in 2024 we can have a conclusion for all the compensation and, more importantly, Sir Wyn Williams’s review, which will certainly make for interesting reading.

Question put and agreed to.

Bill accordingly read the Third time and passed.

[Mr Deputy Speaker (Mr Nigel Evans)]

I will just say a few words before we bring the parliamentary proceedings to a close for yet another year. On behalf of Mr Speaker and the entire Deputy Speaker team, I thank all those who work here in our Parliament for their service through the year. It does not matter in what capacity people work here; we are all a team. Without their support, we simply could not do the work that we do. A big thank you to all of you. I wish everybody—those who report on our proceedings and those who watch our proceedings diligently—a very merry Christmas and a happy new year. We do not know what next year will bring. I will carry on playing the national lottery; I will live in hope in 2024, if nothing else, as this year was not particularly fruitful—none the less, I will carry on. Merry Christmas everybody.