Post Office (Horizon System) Offences Bill

Lord Beith Excerpts

Committee stage
Thursday 23rd May 2024 Lords Chamber

Although I understand and appreciate the compromise being sought here, the Government’s view is that these opinions are no more constitutionally appropriate than removing the full exclusion as proposed in the other amendments. Our view is that there is a line here that is not for the Executive to cross in seeking to reverse decisions of the senior appellate courts. We recognise that this approach may leave individuals in question 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, and the Criminal Cases Review Commission stands ready to consider these cases, should the individuals concerned wish to pursue a further appeal.

[Lord Beith (LD)]

I am grateful for the help the Minister gave the Constitution Committee when we looked at this matter, although we have obviously been unable to report because of the timescale. Does he believe that the Criminal Cases Review Commission can, within its criteria, take account of important new evidence—namely, the failure to disclose what was known about the Horizon system, which is a significant new element of evidence? Previous experience of the CCRC suggests that it is cautious about admitting something as new evidence, which is one of the primary criteria for allowing appeals to go back to the Court of Appeal.

[Lord Offord of Garvel (Con)]

I thank the noble Lord for that. My understanding is that, in this case, which is unprecedented, the CCRC will be able to review new evidence in relation to Horizon.

Amendment 15, in the name of the noble and learned Lord, Lord Falconer of Thoroton, is on consequential provision. The Government are satisfied that the current provisions are sufficient to ensure that the Bill can be amended and modified to give full effect to the intentions of the Act. I hope the noble and learned Lord will be happy not to move the amendment on that basis.

Amendment 16, in the name of the noble and learned Lord, Lord Falconer, is on territorial extent. This proposed new clause would require the Government to conduct a review on the application of the Bill to Scotland. The arguments for the Bill’s extension to Scotland have already been explored at length in the other place, where MPs voted against Scotland’s inclusion. Therefore, the Government do not believe that a further review is necessary. I was pleased to see that the Scottish Government introduced their own legislation in the Scottish Parliament to quash the convictions of Scottish postmasters last month. We will continue to support them in that approach to ensure that Scottish postmasters receive the justice they deserve. I hope the progress of the Scottish Bill will satisfy the noble and learned Lord and that he will be happy not to move his amendment.