Government makes Post Office Horizon inquiry statutory

In a major reversal of its stance, the government on Wednesday (19 March) said the independent inquiry into the Post Office Horizon IT dispute will be strengthened by conferring it with statutory powers.

The move will give the inquiry, led by retired High Court judge Sir Wyn Williams, new powers to compel witnesses and demand documentary evidence, with fines or imprisonment for non-compliance. The inquiry will be converted into a statutory inquiry on 1 June.

“We must stand with postmasters to get to the bottom of what went wrong in the Post Office Horizon IT dispute. I heard first-hand the irreparable impact it has had on their lives,” Prime Minister Boris Johnson said. “That’s why, in light of the recent Court of Appeal judgment, we’re stepping up our independent inquiry by putting it on a statutory footing, so we can get the answers they deserve.”

The Court of Appeal has on 23 April quashed 39 convictions related to the Post Office Horizon scandal, and another eight convictions were overturned by Southwark Crown Court – six in December last year and two last week.

However, the government has been consistently rejecting demands for a statutory inquiry, saying that all stakeholders are participating with the ongoing independent review.

As late as 27 April, responding to MPs who repeatedly raised the demand during a Commons debate on the Court of Appeal judgment, Postal Affairs Minister Paul Scully has said that the government would review the situation if the inquiry faces any issue with evidence collection.

Scully today said that the “context for the inquiry has changed in light of the Court of Appeal’s judgment” and this is the right moment to convert the inquiry to a statutory footing.

“While the inquiry has already made significant progress, these extra powers will ensure the inquiry has access to all the information it needs to establish the truth,” he added.

The government said the inquiry’s terms of reference will also be changed to clarify that it can investigate the Post Office’s decision-making in pursuing prosecutions of postmasters.

Post Office said it will co-operate with “any inquiry the government sees fit to convene.”

“There can only be closure for victims of the Horizon scandal by establishing a comprehensive picture of what went wrong,” Nick Read, chief executive of the Post Office, said.

“As I have said previously, Post Office will support and co-operate with any inquiry the government sees fit to convene, and I welcome the announcement that Sir Wyn Williams’ inquiry will now move to a statutory footing. Post Office will continue to co-operate fully with Sir Wyn and his team.”

The Post Office Horizon IT inquiry was initially launched in September 2020 on a non-statutory basis, following the High Court judgment in the long-standing group litigation by former sub-postmasters against the Post Office.

Sir Wyn will continue as chair for the inquiry’s next phase, and he will now have an extended time frame, with the final report now expected in autumn 2022, rather than summer 2021. However, he is set to provide a progress update this summer, revealing any initial findings.

Public hearings that had been planned for June will be temporarily delayed while the inquiry is repositioned as a statutory inquiry.