Post Office (Horizon System) Offences Bill

Kevin Hollinrake Excerpts

Committee of the whole House
Monday 29th April 2024 Commons Chamber

[The Minister of State, Department for Business and Trade (Kevin Hollinrake)]

I beg to move amendment 25, page 1, line 6, at end insert—

“(za) the conviction took place before the coming into force of this Act,”.

This amendment makes it clear that clause 1(1) will quash only convictions occurring before the coming into force of the Act.

[The First Deputy Chairman]

With this it will be convenient to discuss the following:

Amendment 1, page 1, line 9, leave out paragraph (b).

Government amendments 27 to 28.

Clause 1 stand part.

Government amendments 29 to 33.

Clause 2 stand part.

Government amendment 34.

Clause 3 stand part.

Government amendments 35 to 41.

Amendment 3, in clause 4, page 3, line 34, at end insert—

“(4A) Notification under subsection (4) must include a written summary of—

(a) the compensation schemes available to a relevant person following a quashed conviction under section 1(1);

(b) the relevant heads of loss under which a relevant person may claim compensation; and

(c) a tariff of compensation available relating to each of the heads of loss mentioned in paragraph (b).”

Amendment 4, page 3, line 34, at end insert—

“(4A) Notification under subsection (4) must include a written commitment from the Secretary of State that—

(a) the period of time between a full and valid claim for compensation and an offer of compensation will not exceed four weeks; and

(b) if the offer is not made within the four week period mentioned in paragraph (a), a fixed penalty amount will be added to the ultimate compensation sum for each day by which the four week period is exceeded.”

Amendment 5, page 3, line 34, at end insert—

“(4A) Notification under subsection (4) must include a written commitment from the Secretary of State to use reasonable endeavours to ensure that the period of time between a full and valid claim for compensation and an offer of compensation will not exceed four weeks.”

Government amendments 42 to 44.

Clause 4 stand part.

Government amendments 45 and 46.

Amendment 6, in clause 5, page 4, line 18, at end insert—

“(3A) Notification under subsection (3) must include a written summary of—

(a) the compensation schemes available to a relevant person following a direction to delete a caution under section 5(1);

(b) the relevant heads of loss under which a relevant person may claim compensation; and

(c) a tariff of compensation available relating to each of the heads of loss mentioned in paragraph (b).”

Amendment 7, page 4, line 18, at end insert—

“(3A) Notification under subsection (3) must include a written commitment from the Secretary of State that—

(a) the period of time between a full and valid claim for compensation and an offer of compensation will not exceed four weeks; and

(b) if the offer is not made within the four week period mentioned in paragraph (a), a fixed penalty amount will be added to the ultimate compensation sum for each day by which the four week period is exceeded.”

Amendment 8, page 4, line 18, at end insert—

“(3A) Notification under subsection (3) must include a written commitment from the Secretary of State to use reasonable endeavours to ensure that the period of time between a full and valid claim for compensation and an offer of compensation will not exceed four weeks.”

Government amendment 47.

Clauses 5 and 6 stand part.

Government amendments 48 to 51.

Clause 7 stand part.

Government amendments 52 and 53.

Amendment 70, page 5, line 39, after “as” insert “Pathway,”.

This amendment would provide additional clarity by ensuring that the application called Pathway, which was rolled out as a pilot version of Horizon, is explicitly referenced as a Horizon system for the purposes of the Bill.

Government amendments 54 and 55.

Clause 8 stand part.

Government amendment 56.

Amendment 71, page 6, line 26, at end insert—

“(3) This Act expires at the end of the period of 2 years beginning with the day on which it is passed.”

Clauses 9 and 10 stand part.

Government new clauses 2 and 3.

New clause 1—Provision relating to Northern Ireland—

“(1) The Secretary of State must consult the First Minister and deputy First Minister about making provision for quashing any conviction in Northern Ireland for an equivalent “relevant offence” (see section 2) alleged to have been committed in Northern Ireland.

(2) The Secretary of State may make regulations to apply the provisions of this Act, with any necessary modifications to take account of the law and legal system in Northern Ireland, to secure the quashing of any conviction in Northern Ireland for an equivalent “relevant offence” (see section 2).

(3) Unless the First Minister and deputy First Minister acting jointly advise to the contrary, the Secretary of State must lay before Parliament a draft of regulations to be made under subsection (2) no later than one week after the day on which this Act is passed.

(4) Regulations under this section are to be made by statutory instrument and may not be made unless a draft of the instrument has been laid before, and approved by resolution of, each House of Parliament.

(5) Subject to subsection (4) of this section, section 7 of this Act applies to other regulations made under this section.”

This skeleton clause would require comparable provision to be made to quash convictions in Northern Ireland on the same basis as in England and Wales.

New clause 6—Statement on quashing convictions relating to Capture software—

“The Secretary of State must, no later than 30 days after the day on which this Act is passed, make a written statement to Parliament outlining action the Government intends to take to secure the quashing of convictions of persons carrying on a Post Office business while using the Capture software from 1992 onwards.”

Government amendments 23 and 24.

[Kevin Hollinrake]

It is a pleasure to serve with you in the Chair, Dame Rosie. Given the nature of this debate, in moving the Government amendments, I will also use my speech to discuss the other amendments that have been tabled.

First, I will address the Government amendments in the name of the Secretary of State relating to Northern Ireland: 23 and 24, 26 to 44, and 46 to 56, as well as new clauses 1 to 3. I am grateful to the House for agreeing to the Government’s instruction motion to enable debate on these important amendments. The Government have listened carefully to representations across the House regarding the extension of the Bill to Northern Ireland. We recognise the unique challenges faced by the Northern Ireland Executive in bringing forward legislation to quash convictions to a similar timeframe as the rest of the UK.

[Gavin Robinson (Belfast East) (DUP)]

I just want to put on record, in Committee, the Democratic Unionist party’s sincere and personal appreciation of the Minister for how he has engaged with us, the pragmatic way he has approached these issues, and the can-do attitude he has extended to Northern Ireland. We have met on a number of occasions. He has received the thorough representations of my right hon. Friend the Member for East Antrim (Sammy Wilson) and colleagues across the House, not least Ministers in the Northern Ireland Executive. We are indebted to him. We recognise that this is a huge step forward for the sub-postmasters in Northern Ireland who felt there would not be light at the end of the tunnel. He has extended the Bill very purposefully for all those affected in Northern Ireland, and we thank him for it.

[Kevin Hollinrake]

I am very grateful to the right hon. Gentleman for his kind words. It is a pleasure to work with him and his colleagues from Northern Ireland. We were always sympathetic to his arguments and are delighted to have been able to move forward as we have.

[Jim Shannon (Strangford) (DUP)]

Following on from my right hon. Friend the Member for Belfast East (Gavin Robinson), it is fair to say that a week ago or even a month ago, the 23 sub-postmasters and sub-postmistresses in Northern Ireland had little hope. Today, they have hope and that is due to the Minister’s endeavours on their behalf, pushing this issue and the Government’s acceptance. On behalf of the 23, we would like to say a big thank you to the Minister and the Government.

[Kevin Hollinrake]

I am very grateful. The hon. Gentleman is right to address the point about the 23 sub-postmasters. They are why we are here and why we are keen to act in this way. We recognise that there were specific circumstances in Northern Ireland that would have delayed the exoneration and compensation to those individuals, and that is why we are acting as we are today. It is always a pleasure to work with him, as I have on many different issues over the years.

Issues include the Executive’s recent restoration and additional public consultation requirements, which the House debated on Second Reading. In deciding to take this step, the Government recognised the extent of cross-community support for the extension of the Bill to Northern Ireland. For those reasons, we have decided to put forward Government amendments which would extend the scope of the Bill to Northern Ireland. I am very grateful to have cross-party support from Members representing Northern Ireland constituencies in co-signing Government amendments, specifically the right hon. Members for Belfast East (Gavin Robinson) and for East Antrim (Sammy Wilson), and the hon. Members for East Londonderry (Mr Campbell), for Strangford (Jim Shannon), for North Antrim (Ian Paisley), for North Down (Stephen Farry), for South Antrim (Paul Girvan), for Upper Bann (Carla Lockhart) and for Belfast South (Claire Hanna).

The amendments, which have been drafted in consultation with the Northern Ireland Executive, empower the Northern Ireland Department of Justice to implement the legislation in the same way as the Secretary of State will in England and Wales. The amendments would modify the criteria for the convictions which are overturned to ensure that the relevant convictions from Northern Ireland are captured within its scope. Specifically, they would add those secured by the Public Prosecution Service for Northern Ireland and refer to distinct Northern Ireland offences. Additionally, this group of amendments would ensure that the relevant cautions will be deleted in Northern Ireland, as they will be in England and Wales. The amendments have the same intent as new clause 1, tabled by the hon. Member for North Antrim, so I hope he will be happy to withdraw it on that basis.

On amendment 1, in the name of the right hon. Member for Birmingham, Hodge Hill (Liam Byrne), I thank him for his continued engagement on the Bill and on wider Horizon matters. It is vital that we stay true to our objective of bringing justice to wrongly convicted postmasters, but it is also important to keep in mind the constitutionally sensitive nature of the Bill. We should legislate in a way that respects the separation of powers and the independence of the judiciary. This amendment would widen the scope of the Bill to include convictions that have been upheld by the Court of Appeal. It would automatically quash such convictions, thereby overriding decisions taken by the senior judiciary. These cases are excluded from the Bill because the Government believe that it should tread very carefully where judges in the senior appellate courts have considered a case on its merits. We do not consider it appropriate for Parliament to interfere with such decisions.

[Liam Byrne (Birmingham, Hodge Hill) (Lab)]

I am grateful to the Minister for giving way on this point and, indeed, for the way he is approaching it. The Chairman of the Justice Committee sent him an excellent letter last week in which he underlined that almost all the witnesses before his Committee agreed that it was unfair for the Bill to take a restrictive approach, in the way the Minister has, while taking a rather expansive approach elsewhere. I know the Minister has written back to the Chairman of the Justice Committee, but his letter did not touch on this point. I wonder whether he will take the opportunity to wrap that up for us.

[Kevin Hollinrake]

I thank the right hon. Gentleman and my hon. and learned Friend the Member for Bromley and Chislehurst (Sir Robert Neill) for their work. We take these matters and the independence of the judiciary very seriously. Where the Court of Appeal has upheld a conviction and declared it safe, we think that is a material concern. There will always be different opinions in these areas, but we think we are striking the right balance between overturning convictions that we believe to be unsafe in the main and ones that have been before a senior judge.

[Sir Robert Neill (Bromley and Chislehurst) (Con)]

I, too, pay tribute to the Minister for the extremely constructive way in which he has engaged with everybody on this matter. My initial position was entirely supportive of the Government, but I must say that the evidence given to the Justice Committee causes me to think again. It is usually right to be very wary indeed about trespassing on decisions made by the courts. However, we have chosen to do that because it is thought desirable for the greater good in respect of the bulk of convictions.

The point that needs to be emphasised is that we have perhaps not appreciated that, in cases where convictions were upheld by the Court of Appeal, it applied a narrower test to the relevance of the Horizon evidence. In Hamilton and related cases, it said that the test was whether the Horizon evidence was essential to the conviction. We do not apply that test as a result of a policy decision. That could lead to a bizarre situation whereby someone who did not get to the Court of Appeal because the Criminal Cases Review Commission did not refer the case would have their conviction quashed, whereas someone who the commission thought had an arguable case and who went to the Court of Appeal but who was rejected on a narrower test than Parliament is now creating would not benefit from having their conviction quashed. That is the unfairness that we need to think a little more about, and it is the thrust of what the right hon. Member for Birmingham, Hodge Hill (Liam Byrne) is getting at.

[Kevin Hollinrake]

There will, of course, always be different legal opinions on these matters. As my hon. and learned Friend expressed, he has had two different opinions on what we should do in this regard, and I know that his view is based on further submissions of evidence that he has received. Of course, we consider these matters very carefully. My right hon. and learned Friend the Justice Secretary is here and listening to my hon. and learned Friend’s comments. We will always continue to reflect on this legislation to make sure that we are getting to the right place, but I understand the points that he raises.

[Sir Robert Neill]

There were certainly differences of opinion as to the appropriateness of the measure as a whole, with Dr Quirk being in a minority of three who took a different view, but there was not a difference of opinion on the factual point that the test applied by the Court of Appeal in Hamilton is different from that which is in statute. That was a matter of unanimity.

[Kevin Hollinrake]

I understand and accept that point, but a decision has to be taken on whether to include these cases. There is definitely a difference of legal opinion on that point, because I have had different representations made to me.

We recognise that this approach may leave a small number of individuals concerned about the way forward for their cases. In cases where the Court of Appeal has upheld a conviction, the usual routes of appeal remain available to them. Those affected can apply to the Criminal Cases Review Commission, which can review their cases.

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

The Minister knows that we on the advisory board have discussed this issue at length. Given what has come out of the inquiry over the last few weeks, does he agree that there is evidence that may have a bearing on some of these cases? I accept why he does not want to include them in this Bill, but we need to look at some of these cases to see whether there are grounds for appeal.

[Kevin Hollinrake]

Of course, and I am listening intently to the evidence before the inquiry. It is true to say there are some shocking revelations. As the right hon. Gentleman illustrated in his work with the advisory board, there was a maliciousness about some of the prosecutions, which is of great concern, as is the flawed Horizon system. Part of the reason why we are legislating as we are reflects that, but we will continue to look at the evidence that emerges.

[Liam Byrne]

If that is the approach that the Minister is going to take, could he tell the House a bit more about how his Department will support individuals who find themselves in this egregious position? As my right hon. Friend the Member for North Durham (Mr Jones) said, evidence will now have come to light that was not available to the Court of Appeal or, indeed, to courts that may have refused leave to appeal. Those individuals will be in a terrible state now. What can his Department do, and on what timetable, to support them through the process that he proposes they take?

[Kevin Hollinrake]

The right hon. Gentleman makes the point himself: as more evidence emerges, it may be that the CCRC takes a different view of cases that are brought forward. People who have presented their cases can revisit them by making an application to the Criminal Cases Review Commission, which can make recommendations as it sees fit. Clearly, we are happy to provide any information that we possess, and the Post Office will do the same. As I say, the inquiry’s revelations may bring information that would help in some cases. The CCRC may refer cases to the Court of Appeal if it considers that there is a real possibility that convictions would not be upheld. With the constitutional sensitivities in mind, I hope the right hon. Member will agree to withdraw his amendment.

I turn now to amendments 3 and 6, tabled in the name of the right hon. Member for Birmingham, Hodge Hill. These amendments would require the Secretary of State to include details of available financial redress in notifications to people who have had their convictions quashed, or cautions deleted, by this Bill. The amendments come as part of a number of recommendations by the Business and Trade Committee, to which the Government have since provided our response. I can reassure the right hon. Gentleman and the whole Committee that we will include information about redress in the notifications that we send to postmasters when their convictions are overturned. Our aim is that the redress process will follow seamlessly from the process of overturning convictions—there is no need to legislate for this. Those with cautions may have already sought financial redress via the Horizon shortfall scheme or the group litigation order scheme. We will provide them with the necessary guidance to identify the appropriate route to claim financial redress, if they have not done so already.

[Liam Byrne]

I am grateful to the Minister for clarifying these points as we go along. He will know that many sub-postmasters have not applied for the full extent of their potential claim because they are unsure about the case law involved, and I understand that the Department is using some guidance in making judgments—for example, the Dyson judgment, which is not publicly available, for perfectly good reasons. There is a bit of creativity going into how we solve this problem. The Post Office wrote to me last night to say that, on the Horizon scheme, it is recording the heads of loss and the averages of claims that are being agreed, which could be one of the ways in which sub-postmasters are given a sense of what the tariff is. Could the Minister say a bit more about how we absolutely guarantee in the notification that we maximise the chance of sub-postmasters claiming the maximum possible amount that they should be entitled to?

[Kevin Hollinrake]

We have tried to design the schemes in conjunction with the legal firms that are advising most of the claimants on claiming redress. We will continue to work with them, as we do with the advisory board, and there are different mechanisms that we can use to make this process simpler, more transparent and easier to navigate. Clearly, cases will differ, despite similarities, so if we go down the full assessment route, it is important that all claims be assessed individually, which obviously takes time. If there are mechanisms that we can use—for example, the tariffs that the right hon. Gentleman describes—to expedite the process, we would be happy to look at them. We will continue to work with the advisory board on that.

--- Later in debate ---

[Vicky Ford (Chelmsford) (Con)]

I had hoped that my hon. Friend was going to speak to amendment 70 as well. I just so pleased that we are going through the legislation today, because it is so important for so many people. I have written to him about my constituent who came to see me about her husband, who was a sub-postmaster. He had been written to by the Post Office, who had told him about his exceptional bookkeeping. He then discovered an unexplained loss in the amounts. He called the auditors; they came in, and they locked him out of his business. They searched his home. They did not find any evidence, but they took away his business, his home, his livelihood and his reputation. We have heard that so many times. The only difference is that this happened in 1992, under the precursor system to Horizon. Amendment 70 mentioned the Pathway system. My constituent was using something called Capture. Fortunately the case was dropped before it got to criminal court. I know that the Minister is looking at whether there were more of these Capture cases. When the legislation comes before the other place, can we make sure that, if needed, it can also quash any criminal convictions due to Capture, or other precursor systems, as well as Horizon?

[Kevin Hollinrake]

I will speak to amendment 70. I wrote back to my right hon. Friend about her case, and we are looking at this. I am sure that the right hon. Member for North Durham (Mr Jones) will have something to say about this issue. We have agreed to instigate an independent review of that software. There are some fundamental differences. For example, it is not networked, so no remote access is possible, whereas that is a major feature of the issues with Horizon. I am happy to continue to engage with my right hon. Friend on the issue, and I congratulate her on the way she has dealt with it on behalf of her constituent.

My hon. and learned Friend the Member for Bromley and Chislehurst’s amendment 71 would also sunset other parts of the Bill. This would not give victims of the scandal the justice that they deserve. We are clear—there has been agreement across this House on this—that this exceptional legislation does not set a precedent, and I hope, especially with the reassurance provided by Government amendments 25 and 45, that he will withdraw amendment 71.

[Sir Robert Neill]

I understand where the Minister is coming from, and of course he has provided a deal of reassurance, but I want to test this a little. Are we really assuming that it will be necessary to leave open-ended people’s ability to come forward to have their conviction quashed? After all, if they cannot reasonably be traced, there is provision for the Secretary of State to notify an appropriate person. For example, if we cannot find the person—or their next of kin, if they are dead—there is a catch-all provision about notifying an appropriate person. Why could that not include the criminal records bodies? Would they not be notified anyway? I just wonder why we have to leave the provision open-ended to that extent. There will come a point when the provision has been exhausted. Also, I am interested in how my hon. Friend envisages a process working through which people can get a document that shows that their conviction is quashed—for example, if they need a visa or work permit, or have to undergo Disclosure and Barring Service checks.

[Kevin Hollinrake]

As I said, the legislation expires on the day that the provision is brought into effect. My hon. and learned Friend is talking about the ongoing marking of the records of people who may come forward at a future date. We do not know what that date would be. I am happy to have a conversation with him about what the cut-off would be, but the effect of this legislation, in terms of quashing convictions, expires on the day it receives Royal Assent.

[Sir Robert Neill]

I understand that, and I can see my hon. Friend’s point, hence the two amendments. My point is that he is praying in aid, as another reason for not having a sunset clause, the provisions for notifying people about applying to have their convictions quashed. What is the mechanism to make sure that does not hang around indefinitely? We will eventually want to bring things to a conclusion—not only getting convictions quashed, but, quite separately, paying out the compensation fund. One day, all the compensation that can be claimed will have been claimed. What do we do then? How do we wrap up the process? That is what it comes down to.

[Kevin Hollinrake]

As I said, I am happy to have a continuing conversation with my hon. and learned Friend on that point. I feel that it would be a serious injustice if we set, say, a three year cut-off period and somebody came along a day later. Those are the challenges that we have to meet.

[Liam Byrne]

In a way, this is the core of the debate about where the four corners of the Bill should stretch to. The hon. and learned Member for Bromley and Chislehurst (Sir Robert Neill) makes a very good point: at some point, there should be a sunset on such unprecedented legislation. At the moment, there are no limits to its expansiveness in terms of time, but the Minister has set a limit on its expansiveness in terms of the individuals involved, because he is ruling out those who have gone through the Court of Appeal. The Bill would benefit from further discussion, perhaps in the other place, about precisely where the four corners should be pinned down.

--- Later in debate ---

[Kevin Hollinrake]

I would welcome that discussion, and I will follow it closely in the other place.

The controversial element of this unprecedented, exceptional legislation is the overturning of the convictions, because we are interfering with the courts by legislating in this way. The convictions expire on day one. All that happens further on from that is the marking of the records, which is not the controversial part. The controversial part is the interference with the courts. Again, I am happy to have a continuing conversation with the right hon. Gentleman.

New clause 7, in the name of the right hon. Member for Orkney and Shetland (Mr Carmichael), would require the establishment of an independent intermediary body to administer financial redress to individuals whose convictions are quashed by the Bill. I also acknowledge the Business and Trade Committee’s recommendation on a similar point.

I assure the Committee that we are building independence into the process of making financial redress. Final decisions will, if necessary, be made by an independent panel comprising a King’s counsel, an accountant and a retail expert. The panel will have a case manager, who will ensure that cases are settled fairly, swiftly and in a non-adversarial manner. I have been clear throughout my work that we should put the victims of the scandal back in the position that they would have been in, and that we should move as quickly as possible. We feel that it would take months to set up an independent intermediary, and that it would add additional steps to the process and risk creating unnecessary bureaucracy.

[Mr Alistair Carmichael (Orkney and Shetland) (LD)]

If my new clause had been selected for debate, I would probably not seek to press it. I am not in a position to do anything more, but I thank the Minister for his assurances on independence.

[The First Deputy Chairman of Ways and Means (Dame Rosie Winterton)]

As the new clause was not selected, we probably should not be discussing it.

[Kevin Hollinrake]

My apologies, Dame Rosie. I will move on with pleasure.

Penultimately, I turn to new clause 6. I thank the right hon. Member for North Durham for all his work seeking justice for the former sub-postmasters and, indeed, on the Horizon compensation advisory board. My officials have been working closely with him, as have I, and he will be aware that we have set in train the process of appointing an independent forensic investigator to look into the Capture software, now that the Post Office has addressed concerns about it. Obviously, this relates to my right hon. Friend the Member for Chelmsford (Vicky Ford), who is no longer in her place.

This follows on from the useful meeting that the right hon. Member for North Durham and I had with a sub-postmaster and his wife who wanted to talk to me about his experiences. My officials have spoken to other affected sub-postmasters, too. New clause 6 would require the Secretary of State to make a statement within 30 days of Royal Assent. As the Committee knows, we aim to complete the Bill’s passage very quickly, so a statement may be due quite soon. In practice, we feel it would be too soon, and time is needed to identify and appoint the right person for this role, and for the investigator to complete their work and offer an independent conclusion.

--- Later in debate ---

[Mr Kevan Jones]

Clause 2(2) mentions 23 September 1996. Is the Minister saying that any ICL Pathway system installed in post offices, even prior to that date, will be captured by the Bill?

[Kevin Hollinrake]

Certainly, if we regard it as a pilot system of Horizon, that would be the case, as drafted.

[Mr Kevan Jones]

So is the date irrelevant? I have spoken to one person whose prosecution might have been 1996, but there is evidence that the Pathway system was in place before that date in 1996.

[Kevin Hollinrake]

That is not what we understand from the Post Office, but I am happy to continue our discussions, as I always do, to make sure that every relevant person affected by Horizon or its pilot systems is covered.

[Several hon. Members rose—]

--- Later in debate ---

This is outside the scope of the Bill, but it is helpful that the Government are focused on ensuring that Fujitsu contributes to the compensation plan, given that public money in the order of £1 billion has been committed to it, and that Fujitsu has continued to receive Government contracts worth £3.4 billion since 2019. Alongside this legislation, which is vital and which we support, it is critical that the Government work at pace to address the wider issues in the Post Office—its leadership and management, and their failures and abuses of power, which have been exposed by this scandal—so that it is fit for purpose. We look forward to working to ensure that that happens.

[Kevin Hollinrake]

I will tackle the points that have been made as briefly as possible. The Chair of the Business and Trade Committee, the right hon. Member for Birmingham, Hodge Hill (Liam Byrne), is right to say that £196 million has been paid out so far. This legislation will open the door to a lot more compensation, and it should go out rapidly to victims of prosecutions. Also, we expect that number to rise significantly with the introduction of the fixed-sum award of £75,000 for Horizon shortfall scheme claimants. To be clear, around 70% of claims submitted in time have been settled, following the final settlement for those individuals, so we are making progress, but we are determined to make more. Certainly, we are working with the Horizon compensation advisory board to ensure that that is the case. We are very happy to get into the weeds and nitty-gritty of this; we do that daily. The right hon. Gentleman said that, for whatever reason, I may not always be the Minister with this brief. I am very happy to help whoever takes over the brief when that happens, should more help be needed.

Yes, we are keen to accelerate the timescales right across the piece for the GLO scheme. As I say, we are hitting our target of making 90% of first offers within 40 days, but we will come forward with more service-level agreements for other schemes. I am very happy to work alongside the right hon. Member for Birmingham, Hodge Hill on that.

[Liam Byrne]

I am grateful for that reassurance. Does the Minister think that he will have the service-level agreements for the overturned convictions scheme on the table before the Bill is sent for Royal Assent?

[Kevin Hollinrake]

Yes. The right hon. Gentleman asked about tariffs. We are keen to do whatever we can to make the process quicker, easier, clearer and more transparent. We are taking that away and looking at it right now.

Of course, legal advice is available prior to the submission of a claim to the Horizon overturned convictions and compensation scheme, as it is in the GLO. It is only in the HSS, which was seen as non-adversarial, that that does not apply prior to the offer being made, but legal advice is available after that point.

We are obviously keen to continue discussing the cases that are before the Court of Appeal. We will certainly respond in due course to the letter from the Chair of the Justice Committee, my hon. and learned Friend the Member for Bromley and Chislehurst (Sir Robert Neill).

[Liam Byrne]

I am grateful to the Minister for taking a final intervention. It is maybe a non-adversarial process, but it is none the less an intimidating one that involves a complicated 16-page form that takes several hours to fill in. That is the equivalent of several thousand pounds-worth of legal assistance. At the moment, such assistance is being provided pro bono by those with some experience, but I hope that the Minister will look at the matter again.

[Kevin Hollinrake]

I am happy to look at that. I should point out that a lot of the 16-page form is legalese. Only about four pages of it is actually stuff that needs to be filled in, but I understand the right hon. Gentleman’s point, and the advisory board has made a recommendation for an independent appeals process for this scheme as well, which we are looking at.

I thank my hon. and learned Friend the Member for Bromley and Chislehurst for his work on the issue with the Justice Committee. I agree that what is before us is the least worst option, and I am glad that the legal fraternity is coming to the same opinion. We will respond to his letter of 24 April, particularly on the Court of Appeal cases. There are 13 cases—seven before the Court of Appeal, and six that have been refused leave to appeal—and I am very happy to look at them, and to continue our conversations. I understand the potential injustices around those cases. We will also have a look at his point about subsection (4)(b) of clause 2, to make sure that there are no unintended consequences from the legislation.

I thank the right hon. Member for North Durham (Mr Jones) for all his work on the advisory board. He has talked about my persuasive powers; I think the ITV series was far more persuasive than I was in moving things on and getting us to where we are today, but certainly, following his recommendations, which were made before the series aired, we were looking at ways to expedite the overturning of convictions, and some of the Bill is based on those recommendations. As I say, we are looking at the Capture software through the independent review. We have both met with Mr and Mrs Marston, and their story, like many others, was compelling.

The right hon. Gentleman raised the issue of the date range, which is dealt with in subsection (2)(a) of clause 2, under which the offence has to have taken place between 23 December 1996 and the later date. If an offence was committed at an earlier date, it would be excluded under the legislation. We need a conversation with the right hon. Gentleman about that, but the independent review should inform our debate going forward. It is easier to include Horizon than other things that were not directly connected to Horizon, as the court has found convictions unsafe on the basis of Horizon evidence. That is why we are able to legislate in this way.

I thank the hon. Member for North Antrim (Ian Paisley) for his kind words. It is important to recognise that all of us are here to do the right thing, and it is a pleasure to have the opportunity to do so in this way, on a cross-party basis. We are very pleased to be able to agree with the DUP’s wishes that Northern Ireland be included in the legislation, particularly for the sake of the 23 postmasters in Northern Ireland who have suffered as a result of Post Office actions.

I also thank the shadow Minister, the hon. Member for Bethnal Green and Bow (Rushanara Ali), and her Front-Bench colleagues for their support. We are very keen to make sure that Fujitsu contributes—it has agreed to do so, and has a moral obligation to do so. My Secretary of State, who has been massively supportive of all my work on these issues, has met Fujitsu’s global chief executive officer, and we expect to provide more news to the House in due course.

With that, I commend the Government amendments to the House.

Amendment 25 agreed to.

Amendments made: 27, page 1, line 9, after “Appeal” insert “in England and Wales.”

This amendment is consequential on amendment 26.

Amendment 26, page 1, line 9, at end insert—

“(2A) This Act also applies to a conviction in Northern Ireland for a relevant offence where—

(a) the conviction took place before the coming into force of this Act,

(b) the offence was prosecuted by the Police Service of Northern Ireland, the Director of Public Prosecutions for Northern Ireland or the Public Prosecution Service for Northern Ireland, and

(c) the conviction has not been considered by the Court of Appeal in Northern Ireland.”

This amendment provides for convictions in Northern Ireland for relevant offences to be quashed.

Amendment 28, page 1, line 12, at end insert

“in England and Wales or in Northern Ireland.”—(Kevin Hollinrake.)

This amendment is consequential on amendment 26.

Clause 1, as amended, ordered to stand part of the Bill.

Clause 2

Meaning of “relevant offence”

Amendments made: 29, page 2, line 32, at end insert

“or section 17 of the Theft Act (Northern Ireland) 1969;”.

This amendment, and amendments 30 to 33, add the equivalent offences for Northern Ireland to the list in clause 2(3).

Amendment 30, page 2, line 35, after “1968” insert

“or section 15 or 15A of the Theft Act (Northern Ireland) 1969”.

See the explanatory statement for amendment 29.

Amendment 31, page 2, line 37, leave out “that Act” and insert

“the Theft Act 1968 or section 19(1) or (2) of the Theft Act (Northern Ireland) 1969”.

See the explanatory statement for amendment 29.

Amendment 32, page 2, line 41, at end insert

“or section 21 of the Theft Act (Northern Ireland) 1969;”.

See the explanatory statement for amendment 29.

Amendment 33, page 3, line 1, at end insert

“or section 1(1) of the Theft Act (Northern Ireland) 1969.”—(Kevin Hollinrake.)

See the explanatory statement for amendment 29.

Clause 2, as amended, ordered to stand part of the Bill.

Clause 3

Determining when a conviction has been considered by Court of Appeal

Amendment made: 34, page 3, line 15, at end insert—

“(6) In this section “the Court of Appeal” means—

(a) in the case of a conviction in England and Wales, the Court of Appeal in England and Wales;

(b) in the case of a conviction in Northern Ireland, the Court of Appeal in Northern Ireland.”—(Kevin Hollinrake.)

This amendment is consequential on the extension of the Bill to Northern Ireland.

Clause 3, as amended, ordered to stand part of the Bill.

Clause 4

Identification and notification of quashed convictions

Amendments made: 35, page 3, line 17, leave out “Secretary of State” and insert “appropriate authority”.

This amendment, and amendments 36 to 43, provide for the functions of the Secretary of State under clause 4 to be exercisable in Northern Ireland by the Department of Justice in Northern Ireland.

Amendment 36, page 3, line 18, at end insert—

“(1A) In this section “the appropriate authority” means—

(a) in the case of convictions in England and Wales, the Secretary of State;

(b) in the case of convictions in Northern Ireland, the Department of Justice in Northern Ireland.”

See the explanatory statement for amendment 35.

Amendment 37, page 3, line 19, leave out “Secretary of State” and insert “appropriate authority”.

See the explanatory statement for amendment 35.

Amendment 38, page 3, line 20, leave out “Secretary of State” and insert “authority”.

See the explanatory statement for amendment 35.

Amendment 39, page 3, line 25, leave out “Secretary of State” and insert “appropriate authority”.

See the explanatory statement for amendment 35.

Amendment 40, page 3, line 26, leave out “Secretary of State” and insert “authority”.

See the explanatory statement for amendment 35.

Amendment 41, page 3, line 32, leave out “Secretary of State” and insert “authority”.

See the explanatory statement for amendment 35.

Amendment 42, page 3, line 36, leave out “Secretary of State” and insert “appropriate authority”.

See the explanatory statement for amendment 35.

Amendment 43, page 3, line 37, leave out “Secretary of State” and insert “authority”.

See the explanatory statement for amendment 35.

Amendment 44, page 3, line 37, leave out “in England and Wales”.—(Kevin Hollinrake.)

This amendment is consequential on the extension of the Bill to Northern Ireland.

Clause 4, as amended, ordered to stand part of the Bill.

Clause 5

Deletion of cautions for relevant offences

Amendments made: 45, page 4, line 3, after “has” insert

“before the coming into force of this Act”.

This amendment makes it clear that clause 5 applies only in relation to cautions given before the coming into force of the Act.

Amendment 46, page 4, line 5, before “criminal” insert “UK”.

This amendment is consequential on amendment NC2.

Amendment 47, page 4, line 27, before “criminal” insert “UK”.—(Kevin Hollinrake.)

This amendment is consequential on amendment NC2.

Clause 5, as amended, ordered to stand part of the Bill.

Clause 6 ordered to stand part of the Bill.

Clause 7

Power to make further consequential provision

Amendments made: 48, page 5, line 7, leave out

“an Act of Parliament passed”

and insert

“primary legislation passed or made”.

This amendment is consequential on the extension of the Bill to Northern Ireland.

Amendment 49, page 5, line 8, at end insert—

“(2A) But regulations under this section may not make any provision which is transferred Northern Ireland provision for the purposes of section (Power of Department of Justice to make further consequential provision).”

This amendment is consequential on amendment NC3.

Amendment 50, page 5, line 15, leave out “an Act of Parliament” and insert “primary legislation”.

This amendment is consequential on the extension of the Bill to Northern Ireland.

Amendment 51, page 5, line 20, at end insert—

“(6) In this section “primary legislation” means—

(a) an Act of Parliament, or

(b) Northern Ireland legislation.”—(Kevin Hollinrake.)

This amendment is consequential on the extension of the Bill to Northern Ireland.

Clause 7, as amended, ordered to stand part of the Bill.

Clause 8

Interpretation

Amendments made: 52, page 5, line 23, at end insert—

“(a) in the case of England and Wales—”.

This amendment is consequential on amendment 53.

Amendment 53, page 5, line 30, at end insert—

“(b) in the case of Northern Ireland, any caution (including a restorative caution) given to a person in Northern Ireland in respect of an offence which, at the time the caution is given, the person has admitted;”.

This amendment makes provision about the meaning of “caution” in relation to Northern Ireland.

Amendment 54, page 6, line 9, after “Wales” insert “or Northern Ireland”.

This amendment is consequential on the extension of the Bill to Northern Ireland.

Amendment 55, page 6, line 21, at end insert—

“(c) Article 6 of the Criminal Justice (Northern Ireland) Order 1996 (S.I. 1996/3160 (N.I. 24)).”—(Kevin Hollinrake.)

This amendment is consequential on the extension of the Bill to Northern Ireland.

Clause 8, as amended, ordered to stand part of the Bill.

Clause 9

Extent and commencement

Amendment made: 56, page 6, line 25, leave out “only” and insert “and Northern Ireland”.—(Kevin Hollinrake.)

This amendment provides for the Bill to extend to Northern Ireland (as well as to England and Wales).

Clause 9, as amended, ordered to stand part of the Bill.

Clause 10 ordered to stand part of the Bill.

New Clause 2

Deletion of cautions for relevant offences: Northern Ireland

“(1) If it appears to the Department of Justice in Northern Ireland (“the Department”) that a person has before the coming into force of this Act been cautioned in Northern Ireland for a relevant offence, the Department must direct the Chief Constable to delete details, contained in relevant criminal records, of the caution.

(2) As soon as is reasonably practicable after receiving a direction under subsection (1), the Chief Constable must delete the details of the caution.

(3) Where the Department gives a direction under subsection (1) in relation to a person’s caution, the Department—

(a) must take all reasonable steps to notify the person, or, if the person is no longer alive, the person’s personal representatives, that the direction has been given, or

(b) if it is not reasonably practicable to give a notification under paragraph (a), must take all reasonable steps to—

(i) identify some other person whom the Department considers it is appropriate to notify, and

(ii) notify that person that the direction has been given.

(4) For the purposes of this section, the Department must, in particular, consider any representations made to it which claim that a person has been cautioned in Northern Ireland for a relevant offence, whether or not made by that person.

(5) In this section—

“the Chief Constable” means the Chief Constable of the Police Service of Northern Ireland;

“the Northern Ireland criminal records database” means the names database maintained by the Department for the purpose of recording convictions and cautions;

“relevant criminal records” means—

(a) the Northern Ireland criminal records database, and

(b) the UK criminal records database;

“the UK criminal records database” means the names database held by the Secretary of State for the use of constables.”—(Kevin Hollinrake.)

This new clause makes provision for Northern Ireland corresponding to that made by clause 5.

Brought up, read the First and Second time, and added to the Bill.

New Clause 3

Power of Department of Justice to make further consequential provision

“(1) The Department of Justice in Northern Ireland may by regulations make provision that—

(a) is consequential on any provision made by this Act, and

(b) is transferred Northern Ireland provision.

(2) For the purposes of this section “transferred Northern Ireland provision” means provision that—

(a) would be within the legislative competence of the Northern Ireland Assembly if it were contained in an Act of that Assembly, and

(b) would not, if it were contained in a Bill in the Northern Ireland Assembly, result in the Bill requiring the consent of the Secretary of State under section 8 of the Northern Ireland Act 1998.

(3) The power to make regulations under this section may, in particular, be exercised by amending or modifying any provision made by or under primary legislation passed or made before, or in the same session of Parliament as, this Act.

(4) Regulations under this section—

(a) may make different provision for different purposes;

(b) may contain supplementary, incidental, consequential, transitional or saving provision.

(5) The power to make regulations under this section is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)).

(6) Regulations under this section that amend any provision of primary legislation may not be made unless a draft of the regulations has been laid before, and approved by a resolution of, the Northern Ireland Assembly.

(7) Any other regulations under this section are subject to negative resolution within the meaning given by section 41(6) of the Interpretation Act (Northern Ireland) 1954.

(8) In this section “primary legislation” has the same meaning as in section 7.”—(Kevin Hollinrake.)

This new clause confers power on the Department of Justice in Northern Ireland to make consequential provision as a result of the Bill.

Brought up, read the First and Second time, and added to the Bill.

Title

Amendments made: 23, line 1, after “Wales” insert “and Northern Ireland”.

This amendment is consequential on the extension of the Bill to Northern Ireland.

Amendment 24, line 4, after “Wales” insert “or Northern Ireland”.—(Kevin Hollinrake.)

This amendment is consequential on the extension of the Bill to Northern Ireland.

The Deputy Speaker resumed the Chair.

Bill, as amended, reported.

Bill, as amended in the Committee, considered.

Third Reading