Originally published on Nick Kelly’s blog
Many question the value of the performing arts and drama. At the start of 2024, the ITV drama Mr Bates vs The Post Office did what journalists, politicians and broader civil society have failed to do over the last 25 years. It raised public awareness of the injustice faced by the postmasters employed by Post Office Limited. Many postmasters, forced to use the Horizon computer system were falsely accused of stealing post office money. In fact, Horizon, built and maintained by Fujitsu, was faulty and produced inaccurate reports.
There is much more to say about the twists and turns of this case, too long for one blog post. It is better to watch the ITV drama to get a decent overview. Needless to say in the 6 and a half years I have lived in London, the Horizon Post Office scandal has featured regularly in the news. While some convictions were eventually overturned, many still await justice. It has taken an ITV drama to force the Government and the Post Office into action.
Three broader issues arise from this case:
Point one is fairly self-explanatory. Many of the postmaster convictions date back to the early 2000s. Yet many are waiting years to get their day in court to clear their name. This is not unusual. For those impacted by the contaminated blood scandal, where people were given contaminated blood in the 1970s and 1980s, many are still waiting for adequate compensation. Another is the Hillsborough disaster where a football stand collapsed killing 79 people and injuring 766. It took many families 30+ years for compensation for the crime, and in that case, the subsequent police cover-up. Horizon and the contaminated blood scandals were state-initiated corporate crimes, and Hillsborough was a state-facilitated corporate crime. In all three examples, many of those affected have died before receiving a penny of compensation.
On point two, this is a growing problem. In a week where Mark Zuckerburg at a US Senate hearing was forced to apologise to families whose children had been harmed online, the calls for greater regulation of tech companies are growing. Increasingly social media platforms will find themselves regulated. But the big tech companies providing the software organisations like post offices now rely on to function, remain largely unpoliced. This is because by and large, they are the only ones who really understand how their programmes work. We rely on them as the experts, which makes it hard to scrutinise or regulate. When the Horizon produced false reports and Fujitsu said it was the postmasters, the Post Office struggled to prove otherwise (though made little attempt at doing so either). Some were expressing concern about Horizon as early as 1999, yet proving the issues or finding replacement software proved near impossible. Even after the ITV drama, in 2024 the Post Office is still using Horizon, though promise it will be replaced later this year.
The Government’s response to this has been to pass legislation quickly that overturns all convictions related to the Horizon scandal. Given how overloaded the court system is, it would take many more years to hear all the cases. In an election year, this would not be acceptable to voters. But this sets a worrying precedent. Firstly, whilst a great many of those convicted during the Horizon scandal were innocent, in all likelihood were will be some who were not.
On point three, governments overruling the courts is never a good thing. The independence of the judiciary is crucial in a democracy so that the rule of law is not undermined by the government of the day for political gain. This is what makes the UK Government’s latest efforts to overturn the Rwanda ruling through legislation so concerning. It is a slippery slope to what is happening in Hungary under Prime Minister Vicktor Orban where courts will now be directly overseen by the government. Similar policies have been pursued by hard-right governments in Poland and India.
The postmaster legislation is not doing this. It is a well-intentioned action aimed at fixing a longstanding injustice. But it could set a precedent for future governments to overturn other court decisions, and over time undermine the independence of the judiciary. If this happens, the legacy of the postmaster-horizon scandal will be felt for many more years to come.
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