MSPs may face being recalled to Holyrood during the summer break to deal with legislation to exonerate Scots wrongly convicted in the Post Office Horizon scandal, Humza Yousaf has said.
The First Minister said that is because the Scottish Government will have to look at the final form of the bill that is passed by the UK Parliament before completing its own legislation.
The UK Government’s bill is not due to be completed before the end of July, and Yousaf warned that may mean Holyrood has to be recalled to ensure those in Scotland who were wrongly convicted can get “timely and expedited access” to the UK compensation scheme.
Audrey Nicoll, convener of Holyrood’s Criminal Justice Committee, had asked the First Minister if there will be enough time in the process for “robust” scrutiny of the Scottish bill – and crucially for “those affected by the scandal to have their voices heard”.
More than 700 Post Office managers across the UK were convicted after the faulty Horizon accounting software made it appear as if money was missing from branches.
The Scottish Government will need to bring in its own legislation to help those wrongly convicted as the UK Government has said its bill will only apply in England and Wales.
Appearing before the group of Holyrood’s committee conveners on Wednesday, Yousaf (above) said: “The trouble with the timetabling of all of this is that the UK bill might well not conclude until the end of July.
“Of course this Parliament would be in recess at that point, and therefore we may have to consider, it would be for the Parliament to consider, a recall.
“The Government of course would be happy to be involved in any recall, but it may be we have to consider that bill in the course of the parliamentary recess.”
He also cautioned against the Scottish legislation mirroring the UK Government’s Post Office (Horizon System) Offences Bill too closely – saying that could run the risk of giving some people whose convictions are sound access to hundreds of thousands of pounds in compensation.
READ MORE: Scots Post Office scandal victims face justice delay 'due to UK Government decision'
The UK bill has been introduced to exonerate those convicted in England and Wales on the basis of the faulty Horizon accounting software – with those whose convictions are overturned then having the option of taking a fixed and final offer of £600,000, according to Number 10.
Yousaf continued to insist it would be better if the UK Government legislation applied to all four nations of the UK, but he added ministers in London “do not wish” to take that route.
As a result, he said his Government is now “working closely” with Westminster on the issue, though he said he had “some initial concerns around the UK bill”.
Arguing the public would be “pretty horrified” if people with genuine convictions have them overturned, the First Minister said: “We have to make sure we are striking the absolute right balance between ensuring there is timely and expedited access to the UK compensation scheme, because we all recognise subpostmasters, subpostmistresses have waited too long.
“But at the same time, we want to make sure that people who have genuinely committed a crime, their conviction is sound, do not then have access to £600,000 of compensation.
“Trying to get that balance absolutely right is going to be hugely important.”
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