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To: Baroness Neville-Rolfe
From: Laura Thompson, Shareholder Executive (~
Date:
31 July 2015
Purpose: Following our meeting earlier this week, and ahead of our discussion with
you and Nick King on Tuesday (4 August), this is a short update on current activity
and plans. This note also looks ahead to the potential BBC Panorama programme.
Recommendation: That you note this update.
Timing: To see ahead of our meeting on Tuesday 4 August.
Summary
1. Since we spoke to you earlier this week, we have been exploring options to
address the concerns you raised. We have also been engaging with Post Office at
a senior level to ensure they are aware of your views.
2. We recommend that you meet Paula Vennells next week when she returns from
leave. Paula will be accompanied by Jane MacLeod, POL’s General Counsel,
who wrote to you earlier this week regarding the preservation of information
returned by Second Sight to Post Office.
3. Post Office are preparing some briefing for you to set out the degree of
independent scrutiny this matter has had, and will want to update you on their
own plans to manage this matter and ensure it is handled appropriately.
4. At our meeting on Tuesday we will bring proposals for options you can consider
to ensure that there is independent oversight of this matter, rather than
Government having simply to take the side of one party or another. We will also
consider some suggestions around presentation and communication. We would
like to discuss all those options with you and Nick King.
5. As we discussed with you, we expect that any proposals should be focused on
cases where an individual does not have a criminal conviction and has been
offered mediation, whether they have chosen to take this or not.
6. Individuals who have a criminal conviction already have a suitable independent
route of appeal through the Courts or the Criminal Cases Review Commission
(CCRC) and around 20 individuals are pursuing that option. That is the
appropriate course of action for those individuals to take if they feel their
convictions are unsafe.
7. We also explained there are a small number of cases (we believe fewer than 10)
where an individual has permitted their Member of Parliament to engage with
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Post Office on the specific details. In these cases, the MP has acted as an
independent arbiter and has heard both sides of the story. While the number of
these cases is small, Post Office continue to make these offers to all MPs.
8. Separately, and as you are aware, we have secured a suitable response to
Andrew Bridgen MP’s query around the information to be returned by Second
Sight, through Post Office offering to place copies of the information with their
solicitor. You have replied to Mr Bridgen on this.
9. We would also like to use our meeting on Tuesday to discuss the forthcoming
BBC Panorama programme. A short overview of what we understand about the
programme to date (based on information from Post Office) is attached. Our
current understanding is that the BBC Panorama programme will be broadcast
on Monday 10 August, although this programme has moved before and there is
a chance it will move again.
10. We look forward to discussing with you in more detail on Tuesday.
Copied to: Ministers’ offices, SpAds, Permanent Secretary, Mark Russell, Anthony
Odgers, ShEx Post Office team, Simon Creer, Claire French
Advice received from:
Finance SpAds Press Legal Analysts
No No No No No
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BBC Panorama overview
BBC Panorama is preparing a programme on this matter which we understand may
be broadcast on Monday 10 August. We understand it will be fronted by journalist
John Sweeney and expect it to be highly critical of Post Office, featuring:
Three separate human interest stories (brief overviews below)
Interviews with
e — James Arbuthnot (former Conservative MP for North East Hampshire)
e A forensic accountant, potentially an individual from Second Sight, the firm
of forensic accountants appointed to carry out an independent review
A computer expert (no further detail)
A former Fujitsu (supplier of Horizon) employee, apparently a whistleblower
saying that POL can remotely alter branch accounts to cause discrepancies.
This is related to an account by Andrew Bridgen MP’s constituent Mr
Michael Rudkin, which Mr Bridgen raised in Parliament.
The programme is also likely to criticise POL’s approach to prosecutions and lack
of support for subpostmasters, as well as repeating claims that there are faults in the
system. They will repeat allegations that there have been miscarriages of justice.
All these allegations have been made before and POL plan to defend themselves
robustly against them. POL have engaged fully with Panorama but have (in
confidence) advised us they are not confident that the programme will present a
balanced view. As such, they have decided not to field a senior manager for
interview and will offer a spokesperson quote only. They are considering options
including legal routes to manage media interest before, during and after the
programme.
Currently we do not expect the programme to be critical of Government and BIS
press office has not been approached by Panorama at all. There is a possibility that
the programme could seek to use clips from the recent (29 June) adjournment debate
on this matter, to which George Freeman responded for the Government.
We will provide further advice on handling, in conjunction with press office and
SpAds, following our discussions next week.