The UK Government has been accused of a “betrayal of Scotland’s Horizon victims” after it emerged Westminster legislation to clear the names of those wrongly convicted in the Post Office scandal will be extended to Northern Ireland – but will still not apply north of the border.
The Scottish Government is to bring forward its own legislation to exonerate subpostmasters who were wrongly convicted because of faulty software, but Holyrood ministers insist that it would be better if a UK Government Bill could be expanded to also cover Scotland.
Justice Secretary Angela Constance has been pressing on the matter, meeting with Post Office minister Kevin Hollinrake last month.
It comes after around 100 Post Office subpostmasters in Scotland were amongst those convicted after being wrongly accused of embezzling money.
The UK Government’s Post Office (Horizon System) Offences Bill was originally planned to clear the name of those affected in England and Wales, but will also now be extended to cover Northern Ireland.
Northern Ireland Secretary Chris Heaton-Harris said that the “legislation will deliver for those affected in NI as quickly as possible”.
I am pleased the Post Office Horizon Bill will be amended to include Northern Ireland.
I've been speaking to @kevinhollinrake, @moneillsf, @little_pengelly and @naomi_long about this regularly.
The legislation will deliver for those affected in NI as quickly as possible.
— Chris Heaton-Harris MP (@chhcalling) April 22, 2024
Mr Hollinrake said the UK Government was extending the remit of the legislation, because the “significant and unique challenges” the recently restored administration there would face in bringing forward legislation at an “expedited pace”.
The Post Office minister told Ms Constance that without action from Westminster there was a “risk of significant delay to justice for postmasters in Northern Ireland”, adding this would result in a “lack of parity with others affected across the UK”.
He confirmed: “We have therefore concluded that the Bill should be amended to quash convictions in Northern Ireland in light of these unique circumstances.”
However he said Scotland was an “historically separate legal jurisdiction”, noting prosecutions had not been carried out by the Post Office, but by the Lord Advocate, the most senior prosecutor north of the border.
As a result, Mr Hollinrake made clear: “It remains the UK Government’s view that it is more appropriate for the Scottish Government to bring forward proposals to address prosecutions on this matter in Scotland, and for these to be scrutinised by the Scottish Parliament.”
While the minister insisted the UK Government would “continue to support” the Scottish Government in developing its own legislation, his letter prompted an angry response from Ms Constance.
She said: “We fully support the extension of this Bill to cover Northern Ireland, but it is outrageous that the UK Government has declined to also include Scotland.”
The Justice Secretary added: “This ignoring of Scotland is typical of Westminster’s attitude.
“It means that subpostmasters north of the border will be the only victims in the UK not covered by the legislation at Westminster, which is precisely where the miscarriage of justice has its origins and was overseen by successive Tory and Labour governments.
“It is a betrayal of Scotland’s Horizon victims for UK ministers to behave in this manner.”
Ms Constance told how subpostmasters had suffered “one of the biggest miscarriages of justice in UK legal history”, adding that those affected in Scotland “do not deserve to be subject to Westminster’s petty political point-scoring.”.
Noting that amendments have been laid in the Commons which could extend the UK Government’s Bill to Scotland, she added: “We still hope that MPs overrule the UK Government and amend the legislation so that it covers Scotland.
“But if that does not happen, Scottish legislation will be introduced.”