Post Office Horizon cases: letters to UK Government

March 2024

Letter dates:

• 14 March 2024
• 20 March 2024

Letter: 14 March 2024

To: Right Honourable Michael Gove MP, Secretary of State for Levelling Up, Housing and Communities and Minister for Intergovernmal Relations
From: Shona Robison MSP, Deputy First Minister and Cabinet Secretary for Finance

I am writing following the Inter-Ministerial Standing Committee (IMSC) on Tuesday 12 March and comments you made in the meeting about the Post Office (Horizon System) Offences  Bill. In the meeting on the issue of extending the Bill to Scotland, you were clear that the UK Government would be very open to this stating the “route was still open” for the Bill’s provisions to be extended to Scotland and Northern Ireland.

Shortly after that discussion, the Cabinet Secretary for Justice and Home Affairs received a letter from the Minister for Enterprise, Markets and Small Business Kevin Hollinrake announcing the UK Government’s decision to exclude Scotland and Northern Ireland from the scope of the UK Government’s legislation. To receive this just a few hours after the clear comments you made in the IMSC is deeply disappointing and very difficult to understand.

This decision will inevitably mean justice for Scottish sub-postmasters will not be on an equal fair and consistent basis as a direct result. The Scottish Government position has been clear from the outset. The operation of the Post Office is the responsibility of the UK Government and the Scottish Parliament has no powers over it. The use of tainted Post Office Horizon computer system evidence infected criminal cases across the nations of the UK. Delivering justice to affected sub-postmasters in each of the nations of the UK must be achieved in an equal and consistent manner, and that is best done through a UK Government Bill that extends to Scotland and Northern Ireland. 

The Scottish Government position is clear that we will promote legislative consent in the Scottish Parliament if the provisions in the Bill are extended to Scotland and our assessment is that this would be relatively straightforward. Scottish Government officials stand ready to work with yours to develop the necessary amendments and to ensure effective operation of the scheme within Scots law through the UK Government Bill.

I therefore urge you to make good on your commitment at the IMSC and ensure the UK Government extends the Bill to Scotland and Northern Ireland. By so doing, we can work together to ensure equal justice for sub-postmasters no matter where they live.  

This is clearly an area where time is of the essence and I would ask for a response before second reading of the Bill which I understand may be as soon as next week.

A copy of this letter goes to Lord Chancellor and Secretary of State for Justice, the Parliament Under-Secretary of State at the Department for Business and Trade and the First Minister and Deputy First Minister of the Northern Ireland Executive.

Letter: 20 March 2024

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

I am writing to request an urgent meeting to discuss the Post Office (Horizon System) Offence Bill, introduced on 13 March 2024.

On 14 March 2024 the Deputy First Minister and Cabinet Secretary for Finance, Shona Robison wrote to Michael Gove MP. This letter followed remarks Mr Gove had made at the Inter-Ministerial Standing Committee on 12 March 2024 regarding the route still being open to extending the Bill to Scotland and Northern Ireland. Ms Robison urged Mr Gove to make good on his commitment and ensure that the Bill was extended to Scotland and Northern Ireland.

Given that matters are proceeding at pace, a response to that letter was requested before the second reading of the Bill which is taking place  today. No response to this letter has as yet been received. 

To date you and I have had only one short discussion on the day the Bill was announced, and despite your undertaking to keep in touch I am yet to receive a reply to my letter of 23 February 2024. This lack of Ministerial contact is concerning, especially given that time is clearly of the essence, and in light of your government’s repeated assurances that you will work with the devolved administrations to ensure compatibility and equitability of treatment across the UK.

It is also concerning as I know that the First Minister and Deputy First Minister of Northern Ireland are equally concerned and disappointed in the decision the UK Government has taken and I understand that you recently met with representatives from the Northern Ireland Executive to discuss this Bill, but that same courtesy has not been extended to the Scottish Government. 

A copy of this letter goes to the Secretary of State for Intergovernmental Relations, the Secretary of State for Scotland and the First Minister and Deputy First Minister of the Northern Ireland Executive.