Post Office Horizon Scandal

Debate between Maria Miller and Kevin Hollinrake

Wednesday 10th January 2024 Commons Chamber

[Kevin Hollinrake]

That is exactly our intention. We are keen to make the scheme UK wide so that everybody knows exactly where they stand. As I have said, despite the fact that the legal system is different in Northern Ireland, the assembly of the vast majority of cases was done by the Post Office, so the same issues apply. We do not want any delay. We are keen to engage with the Northern Ireland authorities as quickly as possible.

[Dame Maria Miller (Basingstoke) (Con)]

I welcome the announcement. The evidence is clear that hundreds of victims have lost trust in the criminal justice system, so we need an exceptional process that ensures that every miscarriage of justice can be put right. However, the scandal involves more than financial redress. There are reports that the Post Office insisted on non-disclosure agreements, which silenced victims. In particular, the family of former postmaster Martin Griffiths felt forced to sign a settlement with the Post Office, with a non-disclosure agreement, which hid events around Martin taking his own life for almost a decade. Will my hon. Friend urgently reconsider calls that I and others have made to ban the use of non-disclosure agreements in all severance agreements? I am glad to see the Minister of State, Ministry of Justice, my right hon. Friend the Member for Charnwood (Edward Argar) on the Front Bench. I think that both Ministers share my concern and want action.

[Kevin Hollinrake]

That is a well-timed question, given that my right hon. Friend the Justice Minister is sitting next to me. My right hon. Friend the Member for Basingstoke (Dame Maria Miller) is right to say that this is an exceptional process. As she knows, non-disclosure agreements cannot prevent somebody from going to the police—

[Dame Maria Miller]

That was not my point.

[Kevin Hollinrake]

That was not the point my right hon. Friend was making. I understand her point. She wants to ensure that non-disclosure agreements are not used for the purpose she described or for other purposes, such as sexual harassment and bullying. She is running a fantastic campaign and we have heard what she has said. We will continue to work with her.

Horizon: Compensation and Convictions

Debate between Maria Miller and Kevin Hollinrake

Monday 8th January 2024 Commons Chamber

[Kevin Hollinrake]

I share the hon. Lady’s point that the dramatisation was invaluable in raising awareness and in making sure that we bring forward measures as quickly as possible—all things that she mentioned. As I said, private prosecution is something that I discussed with the Lord Chancellor today, and he is keen to look at that in the general context. I am sure that he will report to the House in due course. I agree with the hon. Lady entirely on delays. We want to expedite this process of overturning convictions and paying compensation, to make it much quicker and easier. That is the best way to resolve these issues and ensure that as many people as possible are confident to come forward.

[Dame Maria Miller (Basingstoke) (Con)]

Following the ITV drama broadcast last week, I have been contacted by many constituents, and they will welcome the Minister’s focus today on justice for every single victim. But he knows that, despite his efforts and those of many other Ministers, the Criminal Cases Review Commission has said that many of the 700 people who have had criminal convictions will not take part in a further legal process, perhaps because of their understandable collapse of trust in the Post Office, and also in the judicial system. Now is the time for the Government to consider how all convictions that relied on evidence from the Horizon system, which must now be seen as unsafe, could be quashed without victims having to endure further legal wrangling.

[Kevin Hollinrake]

My right hon. Friend raises important points. That is exactly the experience so far: people will not take part—of course, the Criminal Cases Review Commission can only do so much if they do not—despite the fact that the Post Office now looks at every single case and will write to people when it is not going to contest an appeal. It is trying to be more proactive in ensuring that people come forward, but I share my right hon. Friend’s ambition. Ideally, we would like a process that does not require a convicted postmaster to come forward—something that we could do across the board. That is exactly what we are looking at, and I hope to have some news for her in the coming days.

Non-disclosure Agreements in the Workplace

Debate between Maria Miller and Kevin Hollinrake

Tuesday 5th September 2023 Westminster Hall

[Kevin Hollinrake]

I will come on to some other points on that issue, including on the guidance that we have given to ACAS in that area.

NDAs cannot prevent workers from reporting a crime to the police or from co-operating in a criminal investigation, because such a clause would be unenforceable—[Interruption.] I may have misheard what the hon. Member for Birmingham, Yardley said, but it is very important that anybody listening to this debate, who is considering what their rights are, knows very clearly that such an agreement cannot prevent them from reporting a crime in this area.

Furthermore, the use of an NDA by an employer could amount to a criminal offence—for example, if it is an attempt by the employer to pervert the course of justice or conceal a criminal offence. Independent legal advice is a requirement for settlement agreements to be valid.

In 2019, the then Department for Business, Energy and Industrial Strategy consulted on the misuse of NDAs in an employment context. The consultation followed evidence found by the Women and Equalities Committee that individual workers may not be aware of their existing statutory rights and may be intimidated into pursuing claims even where the NDA is unenforceable—a point raised by the hon. Member for Oxford West and Abingdon. Again, my right hon. Friend the Member for Basingstoke does very important work in that area.

The consultation also heard evidence that individuals are pressured into signing NDAs without the appropriate legal advice, and therefore do not understand that their NDA is unenforceable. That is why the Government took action in developing extensive guidance, which was published by the Equality and Human Rights Commission and ACAS. It is clear that NDAs should not prevent individuals from making disclosures to the police and medical or legal professionals.

We have already legislated to prevent higher education providers using NDAs, as I said. We are keen to see how that works in practice, and it will come into force in 2024. The Government held a consultation on the matter in a wider context in 2019. We all agree that these agreements should not be used to intimidate individuals or conceal criminal conduct or illegal wrongdoing, as pointed out by the hon. Member for Strangford (Jim Shannon). I point out to him that it is in the capability of the Northern Ireland Administration to implement that in Northern Ireland if they choose, with the matter being devolved to Northern Ireland.

[Dame Maria Miller]

The Minister wants to do the right thing. He wants to be a role model; he wants to be a good employer; he wants to set the tone. Will he meet me and Can’t Buy My Silence and consider signing its voluntary agreement to stop the use of NDAs? Surely the Government can lead the way on this.

[Kevin Hollinrake]

Of course I will meet my right hon. Friend, and I am very happy to meet the campaigning organisation as well. The consultation found some support for NDAs when they helped victims to make a clean break and move on—I think that point was also raised by the shadow Minister, the hon. Member for Ellesmere Port and Neston (Justin Madders). We feel that an outright ban across all organisations may therefore not be appropriate and could have unintended consequences for employees.

The Government have listened carefully to the experiences shared through a consultation on sexual harassment. We are legislating through the Worker Protection (Amendment of Equality Act 2010) Bill, first introduced in the Commons by the hon. Member for Bath (Wera Hobhouse), which will strengthen protections for employees against workplace sexual harassment by placing a duty on employers to take reasonable steps to prevent sexual harassment of their employees.

Protecting and enhancing workers’ rights while supporting businesses to grow remains a priority for this Government. We are clear that the use of NDAs to intimidate victims of harassment and discrimination into silence cannot be tolerated. We are already taking action in the higher education sector; we have published extensive guidance and consulted on the use of NDAs in the workplace; and we are carefully considering how to tackle wrongful practices in a wider context.