PARLIAMENTARY DEBATE
CCRC Decision on 44 Post Office Prosecutions - 5 October 2020 (Commons/Commons Chamber)
Debate Detail
On 2 October, the Post Office formally responded to the Court of Appeal and Southwark Crown court regarding convicted postmasters whose cases were referred by the Criminal Cases Review Commission. The Post Office has stated that it will not oppose 44 out of the 47 cases. The Post Office also sincerely apologised to postmasters for historical failings and underlined its commitment to delivering a fundamental review of the businesses and to resetting its relationship with postmasters, to ensure that this never happens again.
This decision by the Post Office is an important milestone for postmasters whose convictions are part of this appeals process. Friday’s announcement was not, however, the end of that process. It is now for the courts to decide whether the convictions should be overturned. It would not therefore be appropriate for the Government to comment on these cases until that process is complete.
The Post Office continues to co-operate fully with the CCRC and is in the process of reviewing about 900 historical prosecutions. Should it find any new information that may cast doubt on the safety of a conviction, it has confirmed that it will disclose that information to the person who is convicted. We will continue to monitor the work of the Post Office closely. In addition, I am pleased that the Government last week launched an inquiry, chaired by retired High Court judge Sir Wyn Williams, which will gather relevant available evidence to provide a public summary of the failings that occurred in relation to Horizon and assess whether lessons have been learned and concrete changes have taken place, or at least are under way, at the Post Office.
I am sorry, Minister, but what you have said today is not good enough. I cannot get over the fact that this scandal—that is what it is—is still being treated as somehow an issue of the Post Office. The Government are the single shareholder in the Post Office; they are the ones who can actually make some changes, so I would like to ask them some direct questions.
First, as the single shareholder, were the Government involved in the decision not to take forward these prosecutions, in the same way they were involved with the £100 million they spent in defending the civil case last year? Secondly, in terms of the convictions that have been overturned, the Minister said in June that there would be a process in place for compensation. Will he announce a compensation process, or will these people have to pursue cases through the court for compensation? Can I also ask where we are at with the historic compensation process? I understand that 2,000 claims have been made, but not a penny has yet been paid out.
Finally, can I put this issue to the Minister? I am sorry, but the review he has announced is not good enough. It may have a retired judge at its head, but he does not have the powers to summon witnesses and cross-examine them. A full public inquiry is needed. Without that, we will not get to the truth of what is, as I have already said, a national scandal.
The right hon. Gentleman asked about a route for compensation, should postmasters who have been convicted have their convictions overturned. There are processes in place for them to receive compensation if appropriate, and that includes a statutory scheme under section 133 of the Criminal Justice Act 1988.
In terms of the latest update on the historical shortfall scheme, the Post Office launched the scheme on 1 May to allow postmasters who were not part of the group litigation to have issues with shortfalls recorded in Horizon investigated and addressed. The window for applications formally closed on 14 August, but late applications are being considered by the Post Office on a case-by-case basis. There have been over 2,200 claims, and the independent panel advising the Post Office on the scheme is now assessing those.
The right hon. Gentleman talked about the inquiry. A judge-led inquiry is very much what was asked for. We have Sir Wyn Williams, a former judge, at the head of that. He will be an independent chair; he will be able to ask the questions, push back at the Government and the Post Office, and get evidence. The reason it is an inquiry rather than a review is that, reflecting on the way its remit was worded, I have always wanted it to be a backward-looking review that enabled evidence to be sought, rather than to be done on just a desktop basis. We have clarified that in the written statement, and I believe this is the inquiry—albeit on a non-statutory basis—that will actually get the answers, and do it in a quick way that hopefully satisfies the sub-postmasters and gets the answers they want.
For decades, the Post Office denied all wrongdoing, imposing huge stress and legal fees on the victims and spending tens of millions of pounds in the process. Friday’s announcement is a welcome relief for so many, but can the Minister tell us why, as its only shareholder, the Government allowed the Post Office to continue to oppose the appeals for so long? Far from it being merely an operational matter, as the Minister has said, will he admit that this represents a gross failure of oversight, and will he tell us how much this has cost the Post Office and, ultimately, the taxpayer? What is the estimated cost of the compensation that will now need to be paid to those prosecuted, and what of those who were pursued, harassed and bankrupted, but not ultimately prosecuted? It is right that the Government have finally announced a judge-led inquiry into this scandal, which Labour called for months ago, but despite this House having expressed its concerns forcefully, the terms of reference deliberately exclude compensation. Will the Minister amend the terms of reference to include compensation and deliver true justice for the victims?
A miscarriage of justice on this scale undermines confidence in the justice system. Is it right that the Post Office has the power of independent prosecution, and is the Minister reviewing it? The victims need justice, not more unanswered questions. The taxpayer needs to know just how much this failure of oversight has, and will, cost. Finally, the Government need to take responsibility for this debacle and ensure nothing like it can ever happen again.
On the issue of compensation, if the sub-postmasters get involved in this inquiry and share their evidence, they will be able to share their stories and the losses that they have made, both directly and indirectly. However, an inquiry cannot direct compensation; ultimately, that has to be done through the courts.
I have met Carshalton and Wallington residents, including Nirmala Fatania, who have been affected by the Horizon scandal and whose lives have been turned upside down. Will my hon. Friend assure me that the Post Office will co-operate fully with the inquiry, that we will learn the necessary lessons and that we will make sure that nothing like this ever happens again?
All of us as constituency MPs hear from people like Nirmala Fatania. We are determined to get the answers through the independent inquiry, so that this can never happen again.
Contains Parliamentary information licensed under the Open Parliament Licence v3.0.