Post Office Horizon cases: letters to UK Government

January 2024

Letter dates:

• 9 January 2024
• 10 January 2024
• 24 January 2024

Letter: 9 January 2024

To: Alex Chalk KC MP, Lord Chancellor & Secretary of State for Justice
From: Angela Constance, Cabinet Secretary for Justice and Home Affairs

Miscarriages of justice relating to Post Officer Horizon IT system

I am writing to you in connection with the above.  You will of course be aware that the impact of the Horizon Scandal is causing great concern and this rightly includes concern that every effort should be made to ensure that those who were wrongfully convicted can have their convictions reversed promptly and receive the compensation that they are entitled to.

I am aware that the Post Office Minister, Kevin Hollinrake MP stated in Parliament on 8 January that the UK Government is investigating how those who were wrongfully convicted because of faults in the Post Office Horizon IT system can have those convictions overturned more quickly and that one of the options being considered is passing legislation to reverse those convictions without the need for the Appeal Court to consider each case individually.

The Scottish Parliament has devolved responsibility for the law concerning alleged miscarriages of justice occurring in Scotland and we are considering whether legislation should be introduced in the Scottish Parliament to reverse the convictions of those affected without the need for each case to go before the Appeal Court.

However, I am aware that as it currently stands, in order for a person who was wrongfully convicted of criminal offences as a result of the Horizon IT system to claim compensation, it is required that they must either have had their conviction reversed on appeal by the Appeal Court or else that they were one of the Group Litigation Claimants who settled with the Post Office in April 2019.  

It is of course vitally important that any steps taken by the Scottish Parliament to address this issue do not inadvertently affect the ability of those who were wrongfully convicted to claim compensation and for this reason, I would be keen to meet with you as soon as is practical to discuss the approach to be taken to this matter.

Letter: 10 January 2024

To: Alex Chalk KC MP, Lord Chancellor & Secretary of State for Justice
From: Angela Constance, Cabinet Secretary for Justice and Home Affairs

Further to my earlier letter of 9 January in relation to the above, I note with interest that the Post Office Minister, Kevin Hollinrake MP announced in Parliament today that the UK Government will introduce legislation in Parliament to exonerate those sub-postmasters convicted of criminal offences as a result of the Horizon IT system in England and Wales. 

He further stated that he was keen to work with the Scottish and Northern Irish devolved Governments to ensure that sub-postmasters in Scotland and Northern Ireland are not disadvantaged in terms of how quickly they are able to have their convictions reversed and obtain compensation.

I can confirm that the Scottish Ministers support this approach and are keen to work with you to ensure that the appropriate legislation is brought forward. 

I would be happy to meet with you to discuss if that would be helpful and I would be grateful if your officials could continue to keep Scottish Government officials informed as legislative provisions are developed.

Letter: 24 January 2024

To: Kevin Hollinrake MP, Minister for Enterprise, Markets and Small Business
From: Angela Constance, Cabinet Secretary for Justice and Home Affairs

I am writing to you with regard to the Post Office Horizon IT scandal and, in particular, recent news reports about continuing problems that Scottish sub-postmasters are encountering with the Horizon IT system.

I am sure you will share my determination that no further people should suffer as a result of the Horizon system. In Scotland, there are reported concerns of a sub-postmistress in Perthshire who indicated users are still faced with regular discrepancies when balancing their books as they are still required to use the Horizon system.

As the UK Government Minister with responsibility for the Post Office, I would be grateful if you are able to confirm that the concerns being raised will be investigated and that the UK Government is satisfied that the current operation of the system is now fit for purpose. In view of the impact that the Horizon system has had on sub-postmasters over many years, it would be extremely concerning if the system was not fit for purpose after all the experience of severe problems.

For Scottish sub-postmasters and sub-post-mistresses, I would welcome reassurance in this important area.