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3 September 2012
Mr Alan Bates
Thank you for your email to Janet Walker of 31 August 2012, bringing me up to date with
your concerns about this matter. Please be assured that I am well aware of the difficulty
individual SubPostmasters and mistresses have had, and continue to have, with regard to
this entire matter. Do not underestimate my determination to see that they are dealt with
fairly.
Tam slightly at a loss as to your message, however, as I did not think that you believed
investigations ought not to proceed until we had your agreement. Investigations are indeed
already underway. 2"! Sight have a number of these that have been passed from individuals
to their MPs, and thence to my office. In every case, my office has ensured that the
individual concerned, as well as his or her MP, is fully aware that his or her details will be
passed to the Post Office, who require this detail in order to pass on relevant data to 2™
Sight in order for them to conduct their investigation. We will continue to proceed along
these lines with any individual SubPostmaster or mistress that approaches us via their MP.
I understand that you have been sent a copy of the letter the Post Office sent to me,
confirming that they have set aside £5000 for the review of 2" Sight’s initial investigations,
which we discussed at our last meeting. Do you agree that this should be done by Miss Kay
Linnell.
The Post Office has, in addition, drafted a form of words which I understand you have also
seen, but not commented on, as follows, and I draw your attention in particular to
paragraphs 2 and 3, and ask that you might let me have your thoughts on their points. They
seem to me to be reasonable:
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Post Office Limited ("POL") has agreed that the Office of the Rt Hon James
Arbuthnot should contact Alan Bates and the Justice for Sub Postmasters Alliance (
"JFSA”) and request that the JFSA submit approximately 5 of their best cases for
independent review by Second Sight Support Services Ltd ("2 Sight”). Ideally, cases
for review should be less than 5 years old, but it may be possible to accept older
cases in certain circumstances. 2" Sight is the body appointed by POL to conduct an
independent review of a number of cases that have previously been subject to
formal investigation by POL.
POL recognises that the JFSA may have concerns about submitting detailed
information about possible cases to POL and agrees that the JFSA may submit this
information directly to 2" Sight, via the Office of the Rt Hon James Arbuthnot. JFSA
must recognise that minimum basic information about each case such as branch
details, identity of the sub-postmaster and relevant dates must be notified to POL by
2” Sight in order that the appropriate records and correspondence may be provided
to 2” Sight.
POL also recognises that some members of JFSA may have concerns about
submitting cases for independent review by 2" Sight where even basic case
information is communicated to POL. Whilst POL cannot provide any form of
immunity from prosecution in respect of information held by POL, in recognition of
the concerns expressed by the JSFA, POL agrees not to take any prosecution action
relating to information provided by JFSA without the agreement of the Executive
Committee of POL and to deal which each case submitted in a sensitive manner. The
Executive Committee of POL comprises 9 senior members of staff including the POL
Chief Executive and the POL Lead Counsel.
Finally, I do not think it is wise or indeed feasible to dictate to 2" Sight how their conduct
their investigations. Neither you nor I are experts in this field. They are, and Miss Linnell is
being offered the opportunity to bring her expertise to bear in her review. I do not think we
can do more than this and would suggest we left those with the requisite skills to do their
job independently. They outlined how they would conduct their investigation when we met,
and Miss Linnell was content, as was I, and as I thought were you. I had no expectation
that anyone anticipated signing an agreement to this effect.
I think you and I, and the Post Office as well, want the right result from this undertaking - a
fair and independent examination of a number of cases, from which results can be
extrapolated to see what next steps may be required. It would be a shame if you felt unable
to lend this your support, as I believe it is the best chance the Alliance is going to be offered
to help your membership get the justice they seek. I hope you might give this some
thought.