PARLIAMENTARY DEBATE
Post Office Update - 19 May 2021 (Commons/Commons Chamber)
Debate Detail
The Post Office Horizon IT inquiry, led by Sir Wyn Williams, was launched in September 2020 as a major step towards righting the wrongs of the past. The inquiry was established on a non-statutory basis to enable the chair to work quickly to establish a clear account of the implementation and failings of the Horizon computer system over its lifetime.
On 27 April, I made an oral statement to the House following the decision by the Court of Appeal on 23 April to quash the convictions of 39 postmasters who had been convicted for Horizon-related shortfalls. As I said then, the Government recognise the gravity of the court’s judgment and the scale of the miscarriage of justice that it makes clear.
Sir Wyn and I are both of the view that the context for the inquiry has changed in the light of the judgment by the Court of Appeal and that now is the right moment to convert the inquiry to a statutory footing. Therefore, I can now inform the House that, with the agreement of the Prime Minister, I will convert the inquiry to a statutory footing on 1 June 2021. I have also agreed that Sir Wyn will now have more time to undertake his work. The inquiry is now expected to report in autumn 2022, rather than summer 2021.
Together, these changes will give Sir Wyn the powers and the time that he needs to conduct an in-depth analysis of the decision-making processes that led to the Horizon scandal. He will be able to compel organisations to provide documents and witnesses to give evidence, under oath if necessary. It is now for Sir Wyn to consider his next steps, and I expect that he will provide more information on his proposed approach soon. In the short term, the inquiry will complete its planned engagements through May, but public hearings that had been expected to take place in June will be delayed.
I have always said that the inquiry should proceed quickly to get the answers that postmasters and their families are seeking. Sir Wyn has gathered a lot of evidence from key parties and engaged with many affected postmasters; I have therefore asked that he provide a progress update to his original timeline of summer 2021, to make public the progress to date and any initial findings. I hope that still more affected postmasters will choose to engage with Sir Wyn as he continues his work on a statutory footing.
The inquiry’s overarching aims—to ensure that the right lessons have been learned and to establish what must change—will remain. However, there will be some changes to the terms of reference in the light of the Court of Appeal judgment. I have today notified the House of the updated terms of reference in a written ministerial statement.
I thank Sir Wyn for his quick progress on the inquiry to date and for taking the time with me in recent weeks to consider the next steps for it. I am pleased to confirm that he has agreed to remain as chair of the inquiry for the next phase.
Finally, I note that converting the inquiry to a statutory footing and proceeding over a longer period will, of course, have cost implications, but I assure colleagues across the House that they are being fully considered with my colleagues in HM Treasury.
The Horizon saga has wrecked lives and livelihoods. We cannot undo the damage that has been done, but we can establish what went wrong at the Post Office and ensure that nothing like it is ever allowed to happen again. The events surrounding the dispute have long been shrouded in darkness, and this Government are determined to bring them into the light. The landmark Court of Appeal judgment changed the context for the inquiry. Following it, the Government did not hesitate to act to give the inquiry more teeth and equip Sir Wyn with more powers. To affected postmasters and their families, my message is that we are listening and we will get to the bottom of this appalling affair. I commend this statement to the House.
This is indeed the largest legal miscarriage of justice in our history. It is estimated that there have been 900 false prosecutions in total—each one its own story of persecution, of fear, of despair, of families destroyed, of reputations smashed, of lives lost and of innocent people bankrupted and imprisoned. I thank and congratulate everybody who has campaigned over so many years—for more than a decade—to reveal the truth, including the Justice for Subpostmasters Alliance and the Communication Workers Union. I also congratulate right hon. and hon. Members across the House who have fought for justice for their constituents; I mention in particular my right hon. Friend the Member for North Durham (Mr Jones), who has worked tirelessly on the issue.
The campaign for justice has been long fought, and there is still a long way to go. The Minister’s announcement is a step in the right direction. The Labour party and the Justice for Subpostmasters Alliance have always said that the inquiry must be statutory, but less than a month ago in this Chamber, four days after the Court of Appeal’s decision, the Minister rejected calls for a statutory inquiry on the grounds that it would take
“three, four or five years”—[Official Report, 27 April 2021; Vol. 693, c. 254.]
Can he tell us what has happened to change his mind?
The horrific miscarriage of justice did not happen overnight. For a decade, we have known that there were serious problems with the Horizon system, but the Post Office denied all wrongdoing, pursuing the victims and imposing huge lawyers’ fees on the claimants. Even after the High Court ruling vindicated postmasters in 2019, the Government refused to act. The next step has been delayed and victims’ lives have been disrupted by this Government.
It is important to remember that having a statutory inquiry is not, of itself, justice. There remain a number of urgent questions for the Minister that he did not answer a few weeks ago. The Government are the Post Office’s only shareholder, yet time and again, the Post Office was allowed to abuse its power over postmasters. That was the finding of the Court, and it is a really important point. Will the Minister acknowledge the Government’s failure of oversight and due diligence with regard to public money? Will he apologise to the victims and their families today? The postmasters were criminalised for a culture that assumed technology is infallible and workers dishonest. How will the Minister change that, and what are the implications for the management of human teams relying on AI or computer algorithms?
We welcome any new powers for Sir Wyn and the review. It was reported—and this seemed to be in the statement—that Sir Wyn will have the power to summon witnesses to give testimony under oath and to force the Post Office to hand over documents. Can the Minister confirm that, and will that power apply to any other entity or organisation from which evidence is sought? While the terms of reference have been updated, they do not seem to reflect the issues raised by my hon. Friend the Member for Newcastle upon Tyne Central previously. For example, compensation still appears to be out of scope of the inquiry—why? Who has been consulted on the revised terms of reference?
Fujitsu was the one that provided faulty software. An independent investigator, Second Sight, drew attention to that as far back as 2013, yet the Government do not appear to be doing anything to hold Fujitsu to account. Instead, the Horizon software has been renewed, rewarding Fujitsu with a new £42 million contract. Will ongoing Government contracts with Fujitsu be reviewed? Paula Vennells led the Post Office during this time and was honoured with a CBE, along with a long list of others. Is it right that she and others continue to be honoured?
The Minister has referred to a “full and final settlement” for some postmasters with the Post Office. However, he will know that of the £58 million settlement approved in the High Court case, only £12 million will go to the victims, with the rest taken up in legal fees. Does the Minister agree that they should be considered for appropriate compensation?
The JFSA and Labour want there to be a public consultation to guarantee that the inquiry will deliver for all the victims and provide conclusive answers. The Post Office is a Government-owned company that has been found to be at fault. It is vital that the Government act to improve the corporate structure of the Post Office, to prevent this kind of thing from ever happening again. It should never have been allowed to develop into this scandal, but all we can do now is ensure that we get to the truth, that those wrongly convicted get justice and that lessons are learnt.
Securing this statutory inquiry is a big victory for sub-postmasters, trade unions and justice, but despite the Government’s U-turn, this is only the start. The Government have failed to live up to their responsibility to prevent this scandal from occurring, and they have, until today, stood in the way of justice. I urge the Minister to apologise, to own the Government’s mistakes and to start work to ensure that justice is served and that a scandal of this magnitude can never happen again.
The hon. Lady talked about Ministers’ role in this. Clearly, the role of our Department, Government and Ministers will be included in the inquiry. We do want to learn the lessons, and that will be the case, but as we have seen from the judgment, the Post Office consistently maintained that Horizon was robust and was misguided in its approach to the issue, leading to the decision to prosecute these postmasters. We pressed management on issues regarding complaints brought by postmasters about Horizon and received repeated assurances that the system was reliable. As I say, the inquiry will look into that.
In terms of the Government’s response, we clearly recognise the impact that convictions have had on individual postmasters and their families. That is why the Prime Minister and I met with a small group of them last month, to hear directly from them. They had some incredibly tragic and terrible stories, and I can understand why they find it difficult to trust anybody in this regard after many, many years of difficulty and the impossible situation that they and their families have been in.
On Horizon itself, the Post Office is looking into that. It cannot, unfortunately, just switch off a system and change midstream, but clearly it will be looking to work on the successor CRM—customer relationship management —system. Yes, the terms of reference and the statutory footing allow Sir Wyn to compel people to give evidence and documents, and there are sanctions on them if they should fail to do so, under the Inquiries Act 2005. One of the reasons for that, as we move to the second stage and, I hope, engage more sub-postmasters to give their stories, is that we want to give them the confidence that people will be giving their evidence. I must say that, to date still, everybody involved in this whom Sir Wyn has asked to do so has given their full undertaking and worked on it. Nobody has resiled from the inquiry, but it is important that we do this.
On the terms of reference in relation to compensation, an inquiry, whether statutory or not, cannot determine liability in itself—that still has to be done through the courts—but sub-postmasters clearly can raise, and I would fully expect them to raise, the issue of the losses and difficulties as they outline the difficulties they have had. On Fujitsu, as I have said, clearly the Post Office will be looking at what it does in further compensation, and that will include Fujitsu. There are criminal investigations going ahead, so that is outside the scope of the inquiry, but the GLO—group litigation order—settlement was a full and final settlement. The Government did not have a part in the litigation. It is not part of the inquiry itself, but none the less, this is one part—an important part, but one part—of making sure that we get to the bottom of this and get sufficient justice for the postmasters so badly affected.
The Horizon scandal has been a serious miscarriage of justice, potentially carried out knowingly. It is a grave injustice that some, sadly, have taken their own lives and others have been imprisoned. The SNP has repeatedly called for a judge-led statutory inquiry, and the Minister and I have had discussions on this previously. Entire lives have been ruined, and it is critical—critical—that no stone is left unturned in securing real justice for those affected. The UK Government must agree to meet all costs as a result of any compensation due, so that the post office network is not impacted. We must not lose sight of that. We absolutely welcome the statutory inquiry, as I have said, but we must also make certain that those responsible are held to account. This is really important.
I want to thank the Justice for Subpostmasters Alliance, the Communication Workers Union and the long-standing members of the APPG, who have fought tirelessly for this outcome. I look forward to seeing the Minister next week in my capacity as chair of the APPG, when he comes to talk to us further.
It is right that we get full disclosure of the facts and justice for those who have been wronged. May I ask the Minister about disclosure? Will that include the ministerial submissions from the Post Office throughout this scandal and the role of the Government shareholder on the board of the Post Office? That is key to the reasons why things were not questioned. Also remember that in 2019 the Post Office spent £100 million of taxpayers’ money defending a civil case that was, frankly, completely indefensible.
I stress one last thing to the Minister. I know that Ministers like to hide behind the Post Office, saying that this is its fault. It is not: it is a wholly owned company of the Government. The Government have to take responsibility for some of this; they cannot just blame the Post Office.
Yes, nothing is off the table. We want to get justice and answers for people, and that clearly includes the role of the Government and shareholders. The fact is that, yes, we are the single shareholder through UK Government Investments, but that allows Post Office Ltd to work operationally independently of the Government —otherwise, there would be no point in splitting it that way. None the less, as I say, our representatives on the board have been asking that question. We were assured that Horizon was robust in all these areas. None the less, within the inquiry those questions will no doubt be asked and I expect them to be answered.
Compensation will be key. Sub-postmistress Isabella Wall from Barrow lost her home and business and was left with nothing. Can my hon. Friend guarantee that fair compensation for those who have been completely wronged through this process will be the focus of the Government?
Yes, the inquiry looks at what went wrong and goes back historically to give confidence to those affected and in the future network. But clearly we want to make sure that postmasters get fair compensation as well as justice.
The situation has been going on for 20 years—a long, long time—and it is so important that we get to the bottom of it. Clearly, we have already been speaking to the Treasury, which has supported the Post Office in a historical shortfall scheme, and we will continue to do so. It is so important that people get fair redress and compensation and that we put the Post Office on a good footing for the future. Although this issue has been going for 20 years, I should say that Post Office Ltd now, under chief executive Nick Read, is determined to look positively to the future while standing up and supporting us in getting the answers about those last two decades.
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