Victims of Post Office Horizon scandal in Scotland may face 'slower route' to justice, claims Humza Yousaf

First Minister Humza Yousaf said the Scottish Government is working on its own ‘contingency’ legislation

Victims of the Post Office Horizon scandal in Scotland may face a “slower route” to justice than those in England and Wales.

First Minister Humza Yousaf said the “easiest and quickest route” would be for legislation being brought forward by the UK Government to clear the names of those who suffered a miscarriage of justice to apply in Scotland as well. However, he said there are “complexities to work through” given Scotland’s separate legal system.

A UK Government source poured cold water on the idea. “We need to avoid unrealistic expectations that Westminster will simply legislate on Holyrood’s behalf,” they said. “This is a hugely complex area and it might not be possible or the best way forward.

Humza Yousaf

"It was reassuring to hear from the First Minister that the Scottish Government is actively drawing up Holyrood legislation. It may be that’s the most appropriate solution and in that event the two governments will work closely to ensure compensation can be paid to victims across the whole UK.”

Speaking during First Minister’s Questions on Thursday, Mr Yousaf said he had received a “positive” response after writing to Prime Minister Rishi Sunak on the issue. But he said the Scottish Government was already looking at “contingencies”, which could see it bring forward its own legislation.

More than 700 Post Office managers across the UK were convicted after the faulty Horizon accounting software, made by Fujitsu, made it look like money was missing from branches. Last week, Mr Sunak said it was “one of the greatest miscarriages of justice in our nation’s history”, as he announced a law would be introduced to exonerate victims.

Mr Yousaf said he welcomed that approach and reiterated the Scottish Government was “willing to work with the UK Government for that legislation to take place and have effect on a UK-wide basis”.

That could be achieved through a legislative consent motion (LCM), which sees a devolved government formally agree to allow Westminster to legislate in an area where it has responsibility.

Mr Yousaf said this would be his “preference”, but in an effort to give clarity to “sub-postmasters, sub-postmistresses right across Scotland”, he said the Scottish Government would bring forward its own legislation if that could not happen.

The First Minister said: “The UK Government last week announced they were looking to bring forward legislation in the UK Parliament in order for mass exonerations to take place when it comes to wrongful convictions. I have written to the Prime Minister to say we welcome that process and, not only that, as the First Minister we would be willing to work with the UK Government for that legislation to take place and have effect on a UK-wide basis.”

He added that if “for whatever reason” an LCM is not possible, “we are already working on contingencies around separate Scottish legislation if that is required”.

Speaking to journalists later, Mr Yousaf said separate Scottish legislation was “an option”, but added: “I think that would be a slower route and that’s why I think the LCM route is a better route.”

In his letter responding to the First Minister, Mr Sunak failed to commit to including Scotland in the UK legislation. He stressed “the UK Government is committed to working with devolved administrations to ensure that all sub-postmasters irrespective of location receive the exoneration they deserve”, with the Prime Minister also recognising the “shared will to right the wrongs of the past”.

He went on to say SNP justice secretary Angela Constance and her UK counterpart Alex Chalk would have “productive discussions” on the matter. “The right path to providing justice for victims in Scotland will be found,” the Prime Minister said.

Scottish Conservative leader Douglas Ross raised concerns those affected north of the border may have to wait “far, far longer” for convictions to be quashed.

He noted Scotland’s most senior prosecutor, Lord Advocate Dorothy Bain KC, had told MSPs on Tuesday there already was an “established route” for appeals in Scotland and that “each case must be considered carefully”.

Mr Ross said: “This matters here in Holyrood because the Crown Office is a devolved institution. The procedure by which these convictions can be quashed will be set by this Government and this Parliament. But the process set out by the Lord Advocate could see that taking far, far longer in Scotland than it should.”

Mr Yousaf said the Lord Advocate had been speaking in her role as the independent head of prosecutions in Scotland, saying this was separate from her position as legal adviser to the Scottish Government.

He again insisted: “It is still my preference that legislation is applied on a UK-wide basis through an LCM, I think that would be the preferable route.”

Fujitsu meanwhile confirmed it would contribute to compensation payments to Post Office subpostmasters wrongfully convicted in the scandal.

It had earlier emerged the company will not bid for UK Government contracts while an inquiry into the scandal is ongoing.

The Japanese technology firm offered its “deepest apologies” to wronged sub-postmasters and their families in a fresh statement on Thursday.

Fujitsu said it would co-ordinate with the UK Government over its response, including providing funds to compensate victims.

It said it was co-operating with the public inquiry, which is examining “complex events that have unfolded over many years”. “The Fujitsu Group hopes for a swift resolution that ensures a just outcome for the victims,” the company said.

Earlier on Thursday, Cabinet Office minister Alex Burghart said Fujitsu will not bid for Government contracts whilst the public inquiry into the scandal is ongoing.

Mr Burghart told the Commons on Thursday: “This morning [the] Cabinet Office received a letter from Fujitsu voluntarily undertaking not to bid for Government contracts whilst the inquiry is ongoing, unless of course the Government ask them to.”

It comes amid calls for the company to be blocked from putting its name forward for future work with the Government.

Since 2012, the public sector as a whole has awarded Fujitsu almost 200 contracts worth a combined total of £6.8 billion, according to analysts Tussell.

About 43 of those contracts are still in operation, worth a total of £3.6bn, including the contract for Horizon. The Japanese firm also has contracts with multiple Government departments, including the Home Office, the Foreign Office, Defra and the Ministry of Defence.