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Conviction Quashing Bill - Clause 1 Amendment (25)
29 April 2024
Lead MP
Kevin Hollinrake
Debate Type
Bill Debate
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Other Contributors: 21
At a Glance
Kevin Hollinrake raised concerns about conviction quashing bill - clause 1 amendment (25) in the House of Commons. Other MPs contributed to the debate.
How the Debate Unfolded
MPs spoke in turn to share their views and ask questions. Here's what each person said:
Lead Contributor
Opened the debate
Amendment 25 seeks to clarify that clause 1(1) will apply only to convictions made before the Act's coming into force. This ensures that the legislation does not retroactively affect cases outside its scope, maintaining legal clarity and fairness.
Kevin Hollinrake
Con
Thirsk and Malton
Amendment 25 is proposed to ensure that clause 1(1) applies exclusively to convictions made before the Act's enactment, thereby preventing unintended consequences for cases occurring after its implementation.
Gavin Robinson
DUP
Belfast East
Expressed sincere appreciation towards the Minister for his engagement on Northern Ireland issues, highlighting positive changes for sub-postmasters in that region.
Jim Shannon
DUP
Strangford
Echoed support for the Minister’s efforts regarding Northern Ireland sub-postmasters, emphasising hope brought to those affected by recent changes.
Liam Byrne
Lab
Birmingham Hodge Hill and Solihull North
Questioned the Minister's approach as restrictive compared to an expansive one elsewhere. Raised concerns about fairness in cases not reaching Court of Appeal.
Bob Neill
Con
Bromley and Chislehurst
Acknowledged differences but agreed on the factual point that the test applied by the Court of Appeal differs from what is proposed in the Bill. Emphasised need to consider fairness for cases not reaching Court of Appeal.
Kevan Jones
Lab
North Durham
Suggested that new evidence emerging from inquiries may affect some cases, urging the Department to support individuals with these findings.
Vicky Ford
Con
Chelmsford
Highlighted a constituent's case involving the Capture system and urged for consideration of such cases in future legislation.
Liam Byrne
Lab
Birmingham Hodge Hill and Solihull North
The speaker argues that despite progress, there is a critical issue with the speed of compensation payments. He highlights the need for legally binding strictures to ensure faster payment timelines, currently only 20% of the £1.2 billion budget has been paid out. Additionally, he discusses the stress claimants face due to lack of legal assistance and proposes publishing a tariff to guide them in making full claims. Lastly, he argues that the bill's scope should be reconsidered for cases already rejected by the CCRC.
Liam Byrne
Lab
Birmingham Hodge Hill and Solihull North
The Minister characterised this as a legal conundrum, but it is actually a political decision about where to set the scope of the scheme. The question is how long it will take for those currently left out of the scheme to secure justice if we do not amend the Bill.
There has been new evidence since these cases were reviewed, including public inquiry findings on aggressive Post Office investigations that led some sub-postmasters to plead guilty even though they were not. This highlights the need for a broader scope in the Bill.
Kevan Jones
Lab
Durham North
Argues that the ICL Pathway, introduced in 1996, needs clarification to ensure postmasters affected by it are included under the legislation. Discusses the Capture cases from 1992 onwards where Post Office’s computer system generated shortfalls leading to prosecutions. Proposes an independent expert review of evidence and floppy disks related to these cases to determine if there was fault in the software and to secure justice for postmasters affected by both Horizon and Capture systems.
Rushanara Ali
Lab
Bethnal Green and Stepney
Ms Ali highlights the severity of the Horizon scandal, emphasising the need for urgent action. She supports the inclusion of Northern Ireland in the Bill's territorial scope and welcomes the Government’s commitment to ensure timely compensation. Ms Ali also raises concerns about non-disclosure agreements and calls for swift progress on Capture-related issues.
Liam Byrne
Lab
Birmingham Hodge Hill
The right hon. Member seeks reassurance that service-level agreements will be available before Royal Assent and highlights the intimidating nature of the process, including a 16-page form requiring several hours to complete. He suggests that legal assistance is currently being provided pro bono and urges the Minister to revisit this issue.
Kemi Badenoch
Con
North West Essex
Emphasised that the bill provides exoneration and compensation to postmasters wrongfully convicted due to the Horizon scandal, ensuring their good names are restored. Noted that the bill also extends support to Northern Ireland postmasters. Stressed the importance of speedy redress and thanked all parties involved in making this happen.
Bob Seely
Con
Isle of Wight
Asked about postmasters who have not been prosecuted but had to top up out-of-pocket due to Horizon system failures, enquiring about their redress route.
Rushanara Ali
Lab
Bethnal Green and Stepney
Welcomed the bill as an important step forward in bringing justice for sub-postmasters who have suffered greatly due to wrongful accusations. Acknowledged that while this is a positive step, it will not be enough to fully address all issues and challenges.
Alistair Carmichael
Lib Dem
Orkney and Shetland
Supported the bill and praised the Minister for handling this matter well. Emphasised that while the passing of the bill is important, it should not be seen as a final solution to all issues.
Gavin Robinson
DUP
Belfast East
Expresses full support for the Bill at Third Reading. Praises the Minister's work on including Northern Ireland in the legislation and acknowledges his persistence and thoughtful engagement with constituents. Highlights the appreciation for Sammy Wilson, who took an interest in the issue before the restoration of the Northern Ireland Executive.
Pays tribute to Alan Bates and other campaigners involved in the justice for sub-postmasters campaign. Acknowledges the work of the advisory board members, officials from both his own party and the Ministry of Justice. Expresses hope that ongoing efforts will lead to further justice for victims.
Sammy Wilson
DUP
East Antrim
Thanks the Minister for his work on delivering justice and exoneration to sub-postmasters. Emphasises the importance of the House in facilitating this process. Acknowledges initial reluctance but praises the Minister's persistence in including Northern Ireland. Expresses hope that compensation will be paid out quickly and suggests other Ministers should learn from this experience.
[INTERVENTION] Shares his early experience with a constituent's unjust sentence due to the Horizon system, highlighting the initial reluctance of Ministers to address such issues. Urges other Ministers to take heed and avoid similar mistakes.
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