PARLIAMENTARY DEBATE
Horizon: Sub-Postmaster Convictions - 10 June 2020 (Commons/Commons Chamber)
Debate Detail
I wish you a very happy birthday, Mr Speaker, and many happy returns.
I have listened to a number of postmasters’ stories personally, and I saw the recent “Panorama” programme. It is impossible to ignore the negative impact that the Horizon dispute and court case have had on affected postmasters’ lives, livelihoods, financial situations, reputations and, for some, as we know, their physical and mental health.
Convicted claimants seeking to overturn their convictions are going through a further process with the Criminal Cases Review Commission, which has the power to refer cases to the Court of Appeal to consider whether any of the convictions are unsafe. As the hon. Lady will appreciate, it is important that the Government do not seek to influence this process or comment on any individual cases. I can confirm, though, that the Post Office is co-operating with the CCRC to the fullest extent and the Government are monitoring this. Forty-seven of the 61 CCRC cases have now been referred to the Court of Appeal, and it is for the courts to decide whether the convictions are unsafe.
Let me acknowledge the strength of feeling on this matter on both sides of the House, which was evident in the debates I participated in earlier this year and in the correspondence I have had from many Members. That is why the Government are committed to establishing an independent review to consider whether the Post Office has learned the necessary lessons from the Horizon dispute and court case, and to provide an independent and external assessment of its work to rebuild its relationship with its postmasters. Full details of the terms of reference for that independent review are set out in a written ministerial statement that I laid in the House this morning. We are keen to see that review launched as soon as possible, and we are in the process of identifying a chair to lead the work of the review.
For over a decade, the Justice for Subpostmasters Alliance campaigned to get at the truth, but the Post Office denied all wrongdoing, imposing huge lawyers’ fees on the claimants. Mr Justice Fraser’s High Court ruling in December paved the way finally for justice for some, but the mediated settlement means the truth remains hidden. Does the Minister agree that there can be no justice without truth?
So many questions remain unanswered. When did the Post Office know that the Horizon system could cause money to disappear, and what responsibility did the developer, Fujitsu, have? What did Ministers, to whom the Post Office is accountable, do, and what did they know? Who was responsible for innocent people going to jail? Have they been held accountable? Will all the victims be properly compensated?
Three months ago, the Prime Minister committed to a public inquiry, but we now hear that that is to consider whether the Post Office has learned the necessary lessons. We need an inquiry not simply to learn lessons but to get to the truth. Only a judge-led inquiry can do that, with the Post Office compelled to co-operate. Will the Minister now agree to the judge-led inquiry we need? It is the very least the victims deserve.
We need answers, not more delay. We will not rest until we get that and justice for all those wronged in this scandal.
The Government want to be fully assured—I want to be fully assured—that the right lessons are learned for the future and concrete changes have taken place at Post Office Ltd to ensure that this is not repeated. We want to be sure that, through this review, there is a public summary of the failings that occurred at Post Office Ltd, drawing on the judgments and, as I say, listening to those who have been most affected. That is the purpose of the independent review we are in the process of setting up.
Does the Minister understand the anger and disappointment at the length of time it is taking to get the truth about one of the largest miscarriages of justice in the UK’s history, amidst very serious allegations of perjury levelled against employees of Fujitsu, the company behind the system, and will he apologise to the hundreds of postmasters whose lives have been ruined—who have lost their homes, their livelihoods and their reputations as a result of inaction by this Government?
This situation has been going on for some 20-odd years. It is disgraceful that it has taken this time for Alan Bates and his fellow group-litigants to actually get to a settlement and that so many people have had to suffer as a result. What I am keen to do now—my tenure in this role has been brief—is push on and make sure that they can get the answers that they need.
The Post Office is not the only one to blame; the Government are to blame as well, because Government Ministers have shareholder representation on the Post Office board and they have sat back and done absolutely nothing. Last year, they allowed the Post Office to spend nearly £100 million of public money on trying to bankrupt the Justice For Subpostmasters Alliance. That disgrace also needs to be exposed.
On the Government’s role as a shareholder, clearly the Post Office has operational independence, but numerous attempts have been made over the years to resolve the dispute, including an independent investigation in 2013 and a mediation scheme in 2015, which was supported by Post Office Ltd and Ministers. All those attempts failed to resolve the issues, leaving the court as the only way to provide the independent review that all sides needed.
Post Office Ltd has been allowed to destabilise the post office network by its underhand and legally dubious actions. This Government must take up their responsibilities as a special shareholder in Post Office Ltd and commission a judge-led inquiry—I make no apology for repeating that. Nothing less will do. Will this Government help to compensate those postmasters who have been so wrongly convicted and help shore up the finances of Post Office Ltd?
We have seen some movement today from the Government, and I do welcome that as far as it goes, but like the Equitable Life scandal, this is an ongoing deep injustice, as is the plight of people currently suffering under the loan charge. There is a consensus across the House that this just does not go far enough. Could I urge the Minister to build on the progress he has announced today and accept the will of the House that we need a judge-led inquiry to properly ventilate all the issues?
The Post Office Horizon scandal prompts the question: why did the Post Office not believe its own sub-postmasters and sub-postmistresses, many of whom had given decades of loyal service, even after evidence was presented to them that the Horizon system was most likely faulty? Can the Secretary of State give a cast-iron guarantee, as other hon. and right hon. Members have requested, to all sub-postmasters and sub-postmistresses and their families whose lives have been ruined, that there will be a judge-led inquiry, not merely a review, so we can ascertain how this happened, who is responsible and what steps can be taken to ensure that this never happens again?
There is no doubt that many grave injustices have been served upon sub-postmasters and sub-postmistresses, some of whom have gone to jail and lost everything. I know that my constituents will want two things. The first is to see justice done and the full facts brought out in a public inquiry, which is why a judge-led public inquiry is so important. They will also want to see their local post office network protected, ensuring it is shielded from the potential ramifications arising from the actions of management. So what plan does the Minister have to ensure both?
We are all aware that victims of this scandal have lost their livelihoods, savings and reputations, and that some have lost their liberty, as a result of a faulty computer system. I know that my hon. Friend understands the financial and emotional suffering that the Horizon litigation has brought on the victims, but does he agree that the only right and just situation will be to restore those victims to exactly the financial position they would have been in had this faulty system not occurred? I am talking about full compensation and an apology, and, equally, about the real criminals being brought to justice.
At Prime Minister’s questions on 24 February, the Prime Minister agreed with my request to commit to hold an independent inquiry into this horrific scandal. I followed that question up with a letter to the Prime Minister. Three months later, only this week, I received a response from the Minister. I welcome the Government’s commitment to a review of mishandlings, but this cannot just be a review of past mistakes. With a background of many years in the postal industry, I know many whose lives have been destroyed by this scandal, including sub- postmasters and sub-postmistresses in my constituency of Jarrow. So I ask the Minister again, and make absolutely no apology for doing so: will he commit to having a judge-led review as quickly as possible that will take action against those responsible for the scandal, and ensure that each individual case is assessed and proper compensation is paid to all those affected?
Many colleagues in the House have alluded to the importance of sub-postmasters during this global pandemic. What reassurance can my hon. Friend give that Post Office Ltd has understood that there needs to be fundamental cultural and organisational change to ensure that sub-postmasters come forward and that therefore the critical network of post offices remains in our communities for years to come?
The Minister has said several times that the victims of this situation need to be heard and their cases listened to, so can he name any one of them who is in agreement with his position and is not calling for an independent judge-led inquiry?
This Government have had six months to enact an inquiry—six months to seek justice for the damage, disruption and loss of livelihood caused by this scandal, not just to see whether the Post Office has learnt lessons. The Minister has said that he pushed for the independent review, but what about listening to the sub-postmasters who have been left destitute by this scandal and providing them with the judge-led inquiry they so desperately want? Will the Minister stop stalling with reviews and commit today to a judge-led inquiry?
The Government speak as if there is nothing that they could have done as a special shareholder. Well, of course they could have done something. This situation has left communities in York, such as Clifton, bereft of a post office. The fact is that the Government sat on their hands and did not use their powers, and sub-postmasters and sub-postmistresses were thrown into jail and made bankrupt, and some took their lives. Do the Government not want a full, judge-led inquiry with the powers necessary to investigate and dig deep because a review does not hold those powers and will not expose their failings in this matter?
On the Government’s actions over the past few years, this issue happened over 20 years, and with hindsight facts have come to light in the litigation that some of the advice received was flawed. However, we have pushed for many years to make sure that we can get a settlement, and I am glad that we are at the point at which we can start to get some answers.
For the Patels, moving from being managers of Acton Crown post office for more than three decades to their own sub-postmaster role in the country was meant to be a dream come true, but it turned into a nightmare when they lost not only substantial sums of money but their mental and physical health and their reputations. Mr Patel ended up with a criminal electronic tag—the humiliation of it. They want to know why in Acton, for more than 20 years, they were seen as upstanding pillars of the community—they handled multi-million pound sums and had a safe key—but suddenly in Oxfordshire they were falsely branded as criminals. Why did it take the Criminal Cases Review Commission to say that there had been a miscarriage of justice? Where was the oversight? Finally, can the Minister make good on the promise that Paula Vennells gave me in 2018 that Acton Crown post office will reopen? It closed on her watch, and she has since done a runner.
The scale of this scandal demands no less than a judge-led inquiry that has appropriate power. Why can the Minister not accept that that is the only way to examine fully and get answers on how this sorry saga went on for so long and caused so much misery and heartache to my constituents and thousands more across the country?
Following this case being taken to the High Court, I have read that some Fujitsu employees are being investigated for perjury, which is a big deal. What discussions has the Minister had with the Attorney General and the Ministry of Justice on this issue, and when will he announce a judge-led inquiry into this whole sorry debacle?
I want to raise a case that is one of many. Susan Knight was a postmistress of 32 years who was dragged before magistrates courts three times and Truro Crown court twice and made to pay over £20,000. This lady’s life was made a misery, with her reputation trashed and 32 years of service for the Post Office counting for nothing. It is too late for her to rebuild her business. She is basically left with nothing. Can the Minister assure me, my constituents and Susan Knight that she will be adequately compensated in good time without a huge effort to achieve that result?
While the Post Office was wilfully hiding its own failings, it operated a system where by sub-postmasters were automatically guilty. The Post Office then ran its own prosecutions, so in effect, it was judge, jury and executioner. This proves that we need a judge-led public inquiry, with all the powers associated with that, to get full disclosure and a call for evidence. In the meantime, can the Minister tell me what steps the Government have taken to ensure that this abuse of power can never be replicated and that sub-postmasters now have fair and transparent contracts?
Throughout the financial and emotional suffering that the Horizon process has caused postmasters and their families across the country, I have been kept informed of developments by the Bailgate post office sub-postmaster, Simon Clarke, in my constituency of Lincoln. Can my hon. Friend tell me and the House how many senior managers responsible for the position that the Post Office has taken have resigned or been sanctioned or had any bonus payments revoked?
I sympathise with my hon. Friend, and I know that he will have heard what has been said today and will be listening very carefully. A succession of his predecessors have come to that Dispatch Box over years to read out statements from officials who we know have closely connected relationships with Post Office management and who knew that an injustice had occurred. What will he do to tackle the network of intertwined vested interests on his doorstep—and I include the Cabinet Office and ex-Fujitsu employees—that led to this shameful and tragic scandal and cover-up?
Virtual participation in proceedings concluded (Order, 4 June).
On resuming—
Presentation and First Reading (Standing Order No. 57)
Sir Edward Davey presented a Bill to require employers to make reasonable adjustments to enable employees with caring responsibilities for people with disabilities to provide that care.
Bill read the First time; to be read a Second time on 12 June and to be printed (Bill 134).
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