Post Office Horizon scandal: Scotland victims could face longer wait for justice amid warning for Humza Yousaf

Humza Yousaf has been told the ‘onus’ is on his Government to fast-track legislation for Scottish victims of the Post Office Horizon scandal

Victims of the Post Office Horizon scandal in Scotland face the risk of delays to being exonerated, as Humza Yousaf was told the “onus” was on his Government to fast-track legislation.

The warning came as the UK government on Thursday confirmed its legislation would only apply in England and Wales.

Justice secretary Angela Constance said the Scottish Government would introduce its own legislation “if necessary”. But she said ministers would “continue to strongly express” their preference for a legislative consent motion to extend the remit of the legislation to also cover Scotland.

Humza Yousaf is facing calls to fast track legislation. Picture: PA

Ms Constance said this was because the Scottish Government wanted to “ensure full parity for everyone affected by this miscarriage of justice”.

Her comments came as Post Office minister Kevin Hollinrake confirmed the UK legislation would not cover Scotland and Northern Ireland.

As it stands, the position leaves the Scottish Government needing to legislate separately to clear Scottish victims.

But Ms Constance acknowledged it was “likely any Scottish legislation would need to be after a UK Bill had passed to ensure full compatibility with UK legislation and the UK compensation scheme” – a scenario that would mean victims north of the Border facing a longer wait for justice.

The Scottish Government says it still hopes that fast-tracked legislation at Westminster to exonerate the victims of the Post Office Horizon scandal could be extended to also cover Scotland. Picture: Jonathan Gawthorpe/NationalWorld

Explaining the decision by Westminster, Mr Hollinrake said: “In Scotland and Northern Ireland, prosecutions in this matter were undertaken by the relevant authorities in those legal jurisdictions.

“The Scottish Parliament and Northern Ireland Assembly have the responsibility of holding those systems to account. We believe victims in those jurisdictions are best served by local decisions tailored to the judicial systems in Scotland and Northern Ireland.

“As such the UK parliamentary legislation will proceed on an England and Wales basis.”

He added: “While it is for the Scottish Government and Northern Ireland Executive to decide on, and progress, their own approaches to the quashing of convictions, we will work with them to ensure those are compatible with the UK compensation scheme – so that compensation can be paid to victims across the whole of the UK.”

Post Office minister Kevin Hollinrake speaking during an urgent question on the Post Office Horizon scandal in the House of Commons.

The UK government legislation will specify who the prosecutor was in relevant cases, and will “quash these prosecutions where the prosecutor is, in effect, discredited”, Mr Hollinrake said.

A spokeswoman for the Prime Minister said the UK government wanted to see the legislation “introduced very soon”, with it “in place by the end of July” to ensure compensation can be paid by then to those postmasters still waiting to be exonerated.

The legislation comes after more than 700 Post Office managers across the UK were convicted after the faulty Horizon accounting software made it appear as if money was missing from branches. About 100 Post Office sub-postmasters in Scotland among those convicted after being wrongly accused of embezzling money.

While Mr Yousaf said last month that the Scottish Government was working on its own legislation “if that is required”, he stressed he believed the “easiest and quickest route” would be for the UK Government legislation also to apply north of the border.

And Ms Constance said the Scottish Government had “made it clear to the UK Government that we want to see UK-wide legislation to ensure there is a quick, fair and equal solution for all affected sub-postmasters”.

The justice secretary said some of the issues involved were reserved to Westminster, meaning there “may be areas the Scottish Parliament cannot legislate on and we will be reliant on further UK legislation”.

Meanwhile if Scottish legislation is needed, Ms Constance said the Scottish Parliament has “no powers to compel UK ministers or the Post Office to provide evidence”.

Conservative justice spokesman Russell Findlay said the Scottish Government must follow Westminster and bring forward its own fast-tracked legislation.

Mr Findlay said: “The onus is now on Humza Yousaf to follow the lead of the UK Government’s fast-tracked legislation, so that Scottish victims of the Horizon scandal are not kept waiting any longer for justice than their counterparts in England and Wales.”

He added: “There must be no further delay before these appalling miscarriages of justice are put right. That’s why we need clarity from the First Minister on what action his government will take next.”

Scotland’s top prosecutor had last month apologised to those wrongly convicted in the Post Office Horizon scandal, but refused to say the Crown Office was to blame for the wrong convictions.

Lord Advocate Dorothy Bain KC also admitted not all cases would be overturned, claiming they were not all miscarriages of justice.

Responding to repeated questioning about why the Crown did not review previous cases or halt prosecutions earlier, Ms Bain had repeated that “responsibility lies with Post Office”.