Horizon: Compensation and Convictions

Nigel Evans Excerpts

Monday 8th January 2024 Commons Chamber

[Mr Deputy Speaker (Mr Nigel Evans)]

Before I call the Minister, I will make a short statement about the House’s sub judice resolution. There are relevant active legal proceedings relating to Horizon before the courts. In December 2022, Mr Speaker exercised his discretion in respect of matters sub judice to allow references to those proceedings, as they concern issues of national importance. That waiver is ongoing. However, I urge hon. Members to exercise caution in what they say, and to avoid referring in detail to cases that remain before the courts.

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

The Post Office scandal is one of the greatest miscarriages of justice in our nation’s history, shaking people’s faith in the principles of equity and fairness that form the core pillars of our legal system. I am very pleased that last week’s excellent ITV drama “Mr Bates vs The Post Office” has brought an understanding of the Horizon scandal to a much broader audience. I have received much correspondence about the scandal and the emotional impact that the dramatisation has had. Those of us who have been campaigning and working on the issue for some years were already well aware of what happened.

I pay particular tribute to Alan Bates and his fellow postmasters, including Jo Hamilton and Lee Castleton, to the right hon. Member for North Durham (Mr Jones), my right hon. Friend the Member for Haltemprice and Howden (Sir David Davis), my hon. Friend the Member for Telford (Lucy Allan), the hon. Members for Jarrow (Kate Osborne) and for Motherwell and Wishaw (Marion Fellows), to Lord Arbuthnot and other members of the Horizon compensation advisory board, and of course to key figures in the media. They played a key role in seeking justice and compensation for the victims. I also thank the shadow Secretary of State, the hon. Member for Stalybridge and Hyde (Jonathan Reynolds), for his continually constructive approach, as well as my ministerial predecessors, including my hon. Friend the Member for Sutton and Cheam (Paul Scully).

Watching last week’s ITV programme has only reinforced our zeal for seeing justice done as quickly as possible. We are already a long way down that road. Sir Wyn Williams’s inquiry is doing great work in exposing what went wrong and who was responsible. Full and final compensation has already been paid to 64% of those people affected. I have previously said to the House that my main concern now is regarding those still waiting for full and final compensation, and the slow pace at which criminal convictions related to Horizon are being overturned by the courts. Before Christmas, the advisory board published a letter that underlined exactly that.

This is not just a matter of getting justice for those wrongly convicted. Overturning their convictions is also key to unlocking compensation. Each person whose Horizon conviction is overturned is entitled to an interim compensation payment of £163,000. They can then choose whether to have their compensation individually assessed or to accept an up-front offer of £600,000. That offer is already speeding along compensation for a significant number of people.

In the light of the advisory board’s letter about overturning convictions, I have spoken to the right hon. Member for North Durham (Mr Jones) and to Lord Arbuthnot. I have also had a very positive meeting this afternoon with my right hon. and learned Friend the Lord Chancellor. All of us in the House are united in our desire to see justice done, and we have devised some options for resolving the outstanding criminal convictions at much greater pace. The Lord Chancellor will, rightly, need to speak to senior figures in the judiciary about those options before we put them forward, but I am confident that we should be able to implement measures that address the concerns expressed by the advisory board. I hope that the Government will be able to announce those proposals to the House very shortly.

Of course, there is clearly great concern about the role of the Post Office in prosecuting these cases. The Post Office rightly decided to stop undertaking private prosecutions in 2015. If we are to make sure that a scandal such as this can never happen again, we need to look at the way in which private prosecutions such as these have been undertaken. Any company can bring private prosecutions in this way: this is not a special power of the Post Office. I know that the Lord Chancellor wants to give this issue proper and thoughtful consideration, and I am sure that he will report to the House about the issue in due course.

Getting justice for the victims of this scandal and ensuring that such a tragedy can never happen again is my highest priority as a Minister, as it has been throughout my 15 months in office. When we talk about compensation, we have to remember that the lives of the postmasters and their families caught up in this scandal have been changed forever. They have faced financial ruin, untold personal distress and a loss of reputation that no amount of financial compensation can fully restore. The Government recognise that we have a clear moral duty to right those wrongs to the best of our ability. To support those whose lives were turned upside down by the scandal, we have provided significant funding for compensation. We have also been clear that it should not be the taxpayer alone who picks up the tab. We will wait for the inquiry to report to make clear the extent of any other organisation’s culpability for the scandal and any individual accountability.

Our aim is to ensure that every victim is fully recompensed for their losses and the suffering they have had to ensure. To date, more than £148 million has been paid to 2,700 victims across all compensation schemes, 93 convictions have been overturned and, of those, 30 have agreed full and final settlements. Just over £30 million has been paid out in compensation to those with overturned convictions, including interim payments. Of course, we want to ensure that the process for agreeing compensation is fair, transparent and open to independent assessment. That is one of the reasons why I am today announcing that retired High Court judge Sir Gary Hickinbottom has agreed to chair an independent panel that will assess the pecuniary losses of those postmasters with overturned convictions where disputes arise. That will bring independent oversight to compensation payments in a similar way to Sir Ross Cranston’s oversight of the group litigation order scheme and the independent panel in the Horizon shortfall scheme.

Of the original 555 courageous postmasters who took the Post Office to court and who first brought the Horizon scandal into the public eye, £27 million has been paid out to 477 claimants in addition to the net £11 million received through the December 2019 settlement. Forty-seven members of the original GLO group have also received compensation following the overturning of their convictions, totalling more than £17 million. We have received full claim forms from 59 of those postmasters who are eligible for the GLO scheme and issued 43 offers. There have been 21 full and final settlements paid and a further seven full and final settlements accepted. That brings the total number of accepted full and final GLO settlements to 28. I would encourage claimants’ lawyers to continue to submit GLO claims, because my Department stands ready to review them and turn them round quickly.

It is worth noting that the 2,417 postmasters who claimed through the original Horizon shortfall scheme have all received offers of compensation. Around 85% have accepted those offers, worth over £107 million. In total, over £91 million has been paid out through the scheme, with the Post Office now dealing with late applications and with cases where initial offers were not accepted.

However, this is not just about compensation; it is about restoration—the restoring of people’s good names and the restoring of the public’s trust, both in our postal service and in our justice system. It is therefore only right that we get to the bottom of what went wrong and of who knew what and when. Although the scale of the problem is immense, the Government are unwavering in their resolve to tackle it, to compensate those affected and to leave no stone unturned in the pursuit of justice. We owe that to the victims, to their families, to the memory of postmasters who have died since this tragedy first came to light and to those who, tragically, took their own lives after being accused of awful crimes they never committed. We owe it to everyone who has been caught up in this tragic miscarriage of justice.

I thank all Members across the House who are supporting us in this effort. Together we stand united, not just in memory of those who have suffered, but in shared purpose to ensure that such a tragedy can never, and will never, happen again. I commend this statement to the House.

[Mr Deputy Speaker (Mr Nigel Evans)]

I call the shadow Secretary of State.

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[Kevin Hollinrake]

I thank the hon. Gentleman for his kind words and support, and for the manner in which he delivered his response to the statement. We share an ambition to see exoneration, and I am very happy to work with him over the next few days to make sure that we are getting to the right place.

He raises a very important point about people who were involved in a pilot scheme for Horizon—an issue that has also been raised by the right hon. Member for North Durham (Mr Jones). We want to make sure that every single victim is properly covered by the various schemes, and I have asked everybody who has evidence of any kind, including the right hon. Member for North Durham, to furnish me with the details. I will make sure that we pick up anybody who is left outside the schemes.

The hon. Member for Stalybridge and Hyde (Jonathan Reynolds) mentioned Fujitsu, and I concur with his points. Anybody who is shown to be responsible for this scandal should be held accountable, including by making payments into the taxpayer’s fund. I accept what he says about the honours system, as I have said before on a number of occasions. I speak as a former CEO. This is not to direct responsibility for any specific thing that happened—the Sir Wyn Williams inquiry is there to identify responsibility—but, as a former CEO, I would say that it is perfectly reasonable to ask the CEO who oversaw the Post Office during a critical time, when things went so badly wrong, to voluntarily hand back their honour. However, that is a matter for the person concerned.

[Mr Deputy Speaker (Mr Nigel Evans)]

I call the Father of the House.

[Sir Peter Bottomley (Worthing West) (Con)]

I refer my hon. Friend the Minister to the article in The Howard Journal of Crime and Justice by M. R. McGuire and K. Renaud, entitled “Harm, injustice & technology: Reflections on the UK’s subpostmasters’ case”.

First, page 444 shows the graph of the prosecutions, which rose from 10 in 1997 to nearly 80 in 2001. The people responsible should have noticed that we were not going to get ordinary, decent people—sub-postmistresses and sub-postmasters—suddenly going crooked on that scale. Secondly, the article talks about the bugs that were named after the sub-post offices where they were discovered: the Dalmellington bug and the Callendar Square bug.

I also refer my hon. Friend the Minister to the article in The Sun about my constituent Cheryl Shaw, who gave up in 2008. Having lost £400 week after week, she brought in the Post Office investigators, who claimed that they could not find anything to explain what was happening. She had to sell out, she lost her home and she took on work as a carer. She is illustrative of those who were convicted and those who gave up before they were prosecuted.

Many people now believe that the Horizon system was set up for one purpose and adapted to another, for which it did not work. When people started entering things twice, there was apparently a loss where the Post Office did not actually lose any money. If the Post Office did not lose any money, how could people have been properly prosecuted? The titanic error was the belief in technology.

[Kevin Hollinrake]

I thank my hon. Friend for his questions. I totally agree that people should be held responsible where, following an inquiry and investigation, they are shown to have wilfully neglected their duties. He raises an important point about the courts’ attitude towards computer and technology-based evidence. My right hon. and learned Friend the Lord Chancellor is looking at that issue too, it having been brought to his attention by Paul Marshall, one of the leading barristers involved in this scandal.

I am sorry to hear about my hon. Friend’s constituent, Mrs Shaw. I take it that she will have applied to the Horizon shortfall scheme, which should compensate people like her. If my hon. Friend would like any help or assistance to make sure that has happened, either for himself or for Mrs Shaw, I am very happy to provide it.

[Mr Deputy Speaker (Mr Nigel Evans)]

I call the SNP spokesperson.

[Marion Fellows (Motherwell and Wishaw) (SNP)]

Mr Deputy Speaker, you were in the Chair when we last discussed the Post Office (Horizon System) Compensation Bill on 19 December. I do not think any of us who knew about the TV drama would have believed the impact it has had. It is bittersweet that it is had such an effect. It is really telling that MPs, peers, the media and many others tried to bring this issue into the public consciousness, but none of us managed to do so as effectively as a TV drama.

I thank the Minister for advance sight of his statement. Today I have been contacted by local sub-postmasters who want to meet me. They were never prosecuted, but they had shortfalls and paid money back to the Post Office. Many of them just walked away and retired, and they now have no evidence of what happened. When a sub-postmaster walks away from a post office, all the financial documentation goes back to Post Office Ltd. Can we have a thought on that, Minister?

Will the Minister confirm that all the money that went back to Post Office Ltd enhanced the profits on which, over the years, many bonuses were paid to Post Office executives? Will pressure be put on those people to repay those bonuses? I disagree with very little of the Minister’s statement, and I think there is consensus across the Chamber on this, but some words sprang out at me: “very shortly” and “in due course”. Can we please have fixed timelines for the reports?

I commend Sir Wyn Williams, whom I first met when he took on the inquiry before it became statutory. It sounds ridiculous for me to say that I was impressed by him, but I really understood that he was going to get to the bottom of what happened. He has done that in spite of grievous failures on behalf of Post Office Ltd.

There must be accountability for everyone in Post Office Ltd and Fujitsu who prosecuted and persecuted sub-postmasters over the years. I pledge that SNP Members will continue to put pressure on Governments of any colour to keep the momentum going to ensure that real justice is served, even if that involves more pressure on the former CEO and on the people who received honours because of their work for Post Office Ltd. [Interruption.] I see the Minister nodding and know he agrees with me.

--- Later in debate ---

[Kevin Hollinrake]

I thank my right hon. Friend for his kind words and for all his work in the campaign for justice for postmasters. I also congratulate him on his recent knighthood; the whole of Yorkshire was rejoicing at his award.

I can assure my right hon. Friend on all four counts. Yes, we want a more rapid means of overturning convictions. Yes, we want to make sure that the Post Office does not challenge unfairly any attempt to overturn those convictions. Yes, too, on making sure that the investigatory process happens more quickly. Of course, some of these matters are outside our control, as he is fully aware, because of the separation of powers, but in terms of the policing of cases I am happy to talk to him after this statement about what precisely he means by that. There is an independent element to the way all the compensation schemes are running. They are not being policed or restricted by the Post Office; there are independent panels and independent assessments as part of all those processes, but I am happy to talk to my right hon. Friend in detail about what we can do in those areas.

[Mr Deputy Speaker (Mr Nigel Evans)]

I call the Chair of the Select Committee.

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

Justice delayed is justice denied but 85% of the convictions have still not been overturned despite the Select Committee warning last spring that the process was rolling much too slowly and having made recommendations for speeding it up. Many of those recommendations were rejected, yet tonight the Minister has told the House that only now is the Lord Chancellor exploring with the judiciary a way to speed things up. Will the Minister tell us tonight his timeframe for delivering justice to those who have been unfairly convicted? Can those who are still waiting for their convictions to be overturned expect justice to be done this year? Or must they wait until many more of them have, tragically, passed away without justice?