Post Office (Horizon System) Offences Bill

Liam Byrne Excerpts

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

[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.

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[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.

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[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.

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

Order. Before I call the next speaker, I remind the Committee that this debate has to finish at 9 o’clock. I know some of the points are very detailed, but I am conscious that I have the four Members who are standing and the shadow Minister to get in. Colleagues should bear that in mind, because I cannot impose a time limit. It is about making sure that everyone has a chance to speak.

[Liam Byrne]

Thank you, Dame Rosie. It is a privilege to serve under your chairmanship.

I will be very brief, because some of my points have been covered through interventions. There has been good progress since the Bill was published, which is testament to the Minister’s leadership and his officials’ support. As my right hon. Friend the Member for North Durham (Mr Jones) said, the more that we have heard in the inquiry and through the media since the Bill’s publication, the more horrified and more determined we have become to hold individuals, including the former chief executive of the Post Office, to account. It is pretty clear to many of us that the evidence she gave to the Select Committee on 3 February 2015 and 24 June 2020 has been flatly contradicted by the Channel 4 revelations that were published on 27 March. I hope the Select Committee will be able to bring options for the House to consider as soon as possible.

I wish to touch on three points quickly: the speed of redress, the stress of redress, and the scope of this scheme. The point about speed is lit up by a single fact: the total budget for compensation is about £1.2 billion, but as of last Wednesday £196 million has been paid out. The implication of that is that 80% of the compensation budget has not been paid out, after all this time, and all the heartbreak, trauma and scandal. This Bill will correct that imbalance substantially; about £780 million of the budget is earmarked for overturning convictions and this Bill allows us to move that money much faster. However, I remain concerned by what the Minister said today about the lack of any service level agreements for paying more out for the overturning convictions scheme. I would have expected a timetable for paying out that redress alongside this Bill today.

We should be concerned about that because the track record of making payments is not good. For example, if we look at the claims in the Horizon shortfall scheme submitted by the original deadline in November 2020—three and a half years ago—we see that 362 people have still not been paid, which is a sixth of applicants. If we look at the late claims, all 667 of them, we see that three quarters of them have not been paid. That is why the Select Committee looked hard at how we could introduce some strictures to ensure that people were paid much faster.

Since then, my right hon. Friend the Member for North Durham (Mr Jones), who has more experience in this House than pretty much anybody else, and indeed the Minister, raised serious and wise concerns about the risks of putting a legally binding deadline on the entire timetable. I have listened to those concerns with care, which is why the way that my amendment on this has been drafted takes aim at one part of the process: the timeframe between a legitimate claim being submitted and a first offer being made. The Minister’s target is four weeks and we are getting close to that now, but the reality is that a significant number of people are still not being paid within that timeframe.

In some of the anonymised evidence the Minister provided to the Committee, we can see that 13% of claimants in the GLO scheme are waiting more than 40 days, with 2% waiting more than 100 days. If my amendments, as I have drafted them, are not right and still run risks, I appeal to the other place to work harder on this to ensure that there is some legally binding stricture on the Department that means that when, God forbid, the Minister is no longer in his position, and we do not have his emollience and tenacity to rely on, his successor, whoever that may be, is bound by some kind of timeframe that ensures we are not still having this debate in years to come.

To check the point, I contacted a number of Select Committee witnesses this morning and found that there was some evidence that the speed of claims was improving. However, new issues were emerging; I am told that the time taken to table a second offer when the first is rejected is, frankly, not fast enough. There have been delays of up to three months or more in offering dates through remediation hearings, so the process is still running too slow. If I have failed to persuade the Committee today, I appeal to the other place to help us to find some legal mechanisms to ensure that there is stiffer timetable to which the Department must adhere.

My second point is about the stress that many people will face when putting claims in. Many people will not put claims in because legal assistance is not available before the claim is submitted. Many people, such as Christopher Head, are going out of their way to provide pro bono assistance to people in putting claims together, but often it will take hours and hours of work to get a claim form in and many people simply will not be up for that, as they do not have the patience and they want to put this behind them. They certainly will not have the legal assistance available to them. That is why I hope the Department will consider publishing some kind of tariff to help people ensure that they are claiming for the full amount. The Minister may well say that there is a risk that people will then under-claim, but I checked that with some of the lawyers this morning. Their response was expressed in rather unparliamentary language, I am afraid, Dame Rosie, but the upshot was that such an objection was utter nonsense.

I know that a lot of thought is going on in the Department about the way to do this, and I welcome the letter from the Post Office publishing average offers around the heads of loss that have been set out. Obviously, there will be bandings that are more appropriate, and perhaps that is a way to publish these things. Obviously, there is a judgment the Department is relying on—the Dyson judgment—and the neutral evaluation, which is not publicly available, for good reason. However, my plea to the Minister is this: let us try to make much clearer to claimants the full measure of redress that they should have available. If there are issues in people needing extra help before the claim form is put in, please let us make sure that that help is available right at the beginning of the stage and not simply made available once the claim is in and a contest is under way about what should be paid.

My final point is about scope, which we have already got into. There is a case for the Government to think again about the cases that have already gone to the Court of Appeal and were refused or were not given leave to appeal. The best evidence for that is the Chair of the Justice Committee’s excellent letter, in which he says:

“The Bill is in effect treating cases where the CCRC had credible evidence that Horizon data might have been essential to the prosecution case less favourably than those that the CCRC considered had no credible evidence and therefore no basis upon which to refer to the Court of Appeal.”

That is an extremely important point.

I can see what the Minister is trying to do. He is conjuring here with very radical legal remedies, and that is not something we want to be expansive, but the risk we are running is that we leave an injustice that takes years and years to work through. He has addressed some of the points the Chair of the Justice Committee made in his letter, but he has not addressed that one in writing. The objection and the goal of my amendments still stand. I will not press my amendments to a vote, because we are trying to maximise the spirit of collegiate working. I accept that my amendments, particularly on the issue of speed, may not yet be at the state of perfection that they would satisfy everyone in the Committee, especially those Members with more experience of working on these cases than I have.

However, the problem is there: people are not being paid fast enough; they are not being supplied with the right amount of information up front at the beginning of their claim; and the scope of the Bill has been drawn too narrowly. I look forward to working with the other place to try to get amendments in place that can improve the Bill and commend the consent of Members from all parties.

[Sir Robert Neill]

I, too, hope that I can be brief, Dame Rosie, because we have covered a deal of the ground in the interventions. However, I wish to make a few short additional points to those that have already been ventilated. They are all contained in the transcript of the evidence of the Justice Committee’s hearing with four distinguished witnesses, three senior academic lawyers and, in Mr Rozenberg KC, arguably the most distinguished legal journalist of recent times. Interestingly, the Government will perhaps take comfort from the thought that three of those distinguished witnesses were prepared, despite some of my misgivings, to say that this may be the least worst way of dealing with the position. Equally, however, all of them thought that more things need to be done with the Bill, which is what I ask the Minister to bear in mind.

I am grateful to the right hon. Member for Birmingham, Hodge Hill (Liam Byrne) for referring to the letter that I wrote to the Secretary of State on 24 April. It broadly encompasses what I think are the key points, and I hope that the Secretary of State will be able to respond in writing, so that we can then publish that, in addition to the transcript of our evidence and the letter, for completeness of the record before the Bill goes to the other House.

I come to the other issues we flagged up. A small but perhaps important one relates to the conditions that must be met before the conviction can potentially be quashed. In particular, condition D in clause 2(5) requires the offence to have been committed

“in connection with carrying on, or working for the purposes of, the post office business”.

The Government’s explanatory notes say that the provisions of the Bill are “intended to be unambiguous”, but the debate we had in the Justice Committee suggests that there is potential ambiguity there. Take, for example, the position of a post office worker who, during the course of the operation of the Horizon system, is convicted of theft of stock for personal gain. Is that in the scope of the Bill or not? It is not in relation to a deficiency. In reality, that means that the Secretary of State will have to be advised by officials, perfectly properly, as to whether any individual case comes within the scheme and therefore within the scope of the requirements of clause 4. Some judgment will have to be made, and it would be interesting to know on what basis.

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The difference between the test in the scheme of the Bill and the test set out by the Court of Appeal in the case of Hamilton and others, and subsequent litigation, is really important. The Court of Appeal adopted a fairly classic and restrictive construction as to whether the Horizon evidence was essential to the conviction. As we have already said, this House has decided to take a more expansive approach in what it considers to be the broader public interest. If that is the case, some technical issues may arise from cases going to the Court of Appeal that are not fully captured.

[Liam Byrne]

The Chair of the Justice Committee is making a brilliant speech. The Minister characterised the decision and the conundrum here as a legal conundrum, but in a way it is in fact a political conundrum, because we are taking a political decision about the where the scope of the scheme should start and stop. Does the hon. and learned Gentleman have any insight into how long it might take those who are currently left out of the scheme to secure justice if we do not amend the Bill to improve the scope?

[Sir Robert Neill]

The right hon. Gentleman is right about the policy choice that ultimately gives rise to this issue. I pray in aid a quotation from Dr Hannah Quirk, who, of all the witnesses who gave evidence to the Justice Committee, was the most sceptical, but she conceded, in reference to people whose cases have gone to the Court of Appeal,

“If we are taking an expansive approach, it seems unfair to exclude them. The Court of Appeal might have been applying different criteria at that stage—the full extent of the scandal had not come to light.”

That is an important point to bear in mind. The Court of Appeal would have been considering a mixture of evidence and law at that stage. Professor Chalmers, who has also been mentioned, said:

“I obviously think it is unreasonable. I can certainly see the argument for cases from Hamilton onwards, but if someone had appealed at the time when the problems with Horizon were not documented, it seems to me to be entirely unfair to exclude them from the Act on that basis.”

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[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