– in the Scottish Parliament at on 20 March 2024.
Rona Mackay
Scottish National Party
6. To ask the Scottish Government what representations it can make to the United Kingdom Government regarding the potential Amendment of its Post Office (Horizon System) Offences Bill to cover Scotland, to ensure that there is parity and equality for all sub-postmasters and sub-postmistresses who have been affected. (S6O-03229)
Angela Constance
Scottish National Party
The Scottish Government is extremely disappointed that the UK Government has chosen to exclude Scottish sub-postmasters from its legislation. The decision is difficult to understand, especially since, fewer than 24 hours before the bill was introduced, Michael Gove MP informed the Interministerial Standing Committee that the route was still open for Scotland and Northern Ireland to be included.
The Deputy First Minister has written to Mr Gove, urging him to make good on his commitment to extend the bill to cover both Scotland and Northern Ireland. Our assessment is that extending the provisions of the UK bill to Scotland would be relatively straightforward, and we will continue to push for a UK-wide legislative solution that ensures equal justice for all sub-postmasters.
Rona Mackay
Scottish National Party
Given the reserved nature of the Post Office and the compensation scheme, I am concerned that if any Scottish legislation does not mirror the UK legislation, it might risk sub-postmasters’ access to the compensation scheme. What assessment has the Scottish Government done of those risks, particularly if the bill is amended during its passage through Westminster?
Angela Constance
Scottish National Party
That is a concern to me, too, which is why I have been very clear that, although Scottish legislation could be introduced—we are working on that—it would need to mirror the provisions in the UK legislation and it would need to be passed after the UK bill has been passed in order to take account of any amendments.
I will not do anything that puts at risk the ability of any wrongfully convicted sub-postmaster to access the UK compensation scheme. Given that the scheme is administered by the UK Government, as with the Post Office, which is also reserved, neither the Scottish Government nor the Scottish Parliament has any locus in its operation. That is the reason why I, like the FM and the DFM in Northern Ireland, will continue to urge the UK Government to amend its bill to extend the legislation to cover Scotland.
As a bill passes through Parliament, MPs and peers may suggest amendments - or changes - which they believe will improve the quality of the legislation.
Many hundreds of amendments are proposed by members to major bills as they pass through committee stage, report stage and third reading in both Houses of Parliament.
In the end only a handful of amendments will be incorporated into any bill.
The Speaker - or the chairman in the case of standing committees - has the power to select which amendments should be debated.
In a normal session there are up to ten standing committees on bills. Each has a chair and from 16 to 50 members. Standing committee members on bills are appointed afresh for each new bill by the Committee of Selection which is required to take account of the composition of the House of Commons (ie. party proportions) as well as the qualification of members to be nominated. The committees are chaired by a member of the Chairmen's Panel (whose members are appointed by the Speaker). In standing committees the Chairman has much the same function as the Speaker in the House of Commons. Like the Speaker, a chairman votes only in the event of a tie, and then usually in accordance with precedent. The committees consider each bill clause by clause and may make amendments. There are no standing committees in the House of Lords.
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