Statement from the Chair regarding Post Office Limited, Non-Disclosure Agreements and Second Sight

I have been made aware of potential concerns regarding the ability for certain persons to engage with the Inquiry in light of obligations those persons may have under non-disclosure agreements (NDAs) with Post Office Limited.

I am also aware of concerns regarding the ability of Second Sight to engage with the Inquiry in light of oral submissions made by Ian Henderson during the hearing held 8 November 2021 regarding the Inquiry’s Preliminary List of Issues. 

The Inquiry and Post Office Limited have had a number of helpful exchanges regarding both NDAs and the obligations held by Second Sight.

I am pleased to announce that Post Office Limited’s representatives have previously written to the Inquiry to confirm that Post Office Limited:

(a) will not seek to enforce the terms of any NDA it may have with any current or former Post Office employee, subpostmaster, branch manager or assistants, or Director, to the extent that such obligations concern matters which are within the Inquiry’s Terms of Reference, subject to certain caveats as outlined in letters from Post Office Limited or their representatives dated 20 August 2021 and 16 December 2021; and

(b) consents to the release of Second Sight from any confidentiality obligations to Post Office Limited for the purposes of disclosing material to the Inquiry, making any submissions to the Inquiry and/or giving evidence to the Inquiry to assist the Inquiry to fulfil its Terms of Reference, subject to seeking Post Office Limited’s prior consent in relation to any material that may be subject to legal professional privilege (in order to ensure such material is treated in accordance with Post Office Limited’s statement on waiver dated 15 November 2021), as outlined in the letter from Post Office Limited’s representatives dated 7 December 2021.

All letters referred to above are attached at the end of this statement.

I hope that this announcement alleviates the above concerns and that any and all persons with relevant information who may have been previously deterred from engaging or participating with the Inquiry may now feel free to do so.

Sir Wyn Williams

20 June 2022

 

Attached correspondence

20 August 2021_Letter from Post Office Limited to Inquiry - NDA Waiver.pdf
7 December 2021_Letter from Herbert Smith Freehills to Inquiry (Second Sight).PDF
7 December 2021_Letter from Herbert Smith Freehills to Second Sight.pdf
16 December 2021_Letter from Herbert Smith Freehills to Inquiry - General Waiver on NDAs.pdf