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Conservative and Unionist Party

5,731 spoken contributions under 12 words (interjections such as “Will the hon. Member give way?”) are hidden. Show them

  1. ParliamentSir Geoffrey Cox

    Courts and Tribunals Bill

    I agree entirely with the hon. Gentleman. Postmasters, postmistresses, postmen—those whose honesty and integrity are integral to their employment and who, for a breach of trust, would not receive three years’ imprisonment—would all be deprived of their jury trial, and at a time when the sharks and the vultures are circling around the institutions of this country. We are now on the brink of undermining—I believe irredeemably—one of the most precious of those institutions, which commands almost universal assent. Let me say why.

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  2. ParliamentSir Geoffrey Cox

    Courts and Tribunals Bill

    No, I am not giving way. I am mindful of time and I must complete what I have to say. This is a time when not just this House but the judiciary and the courts are under attack. The unprecedented attacks upon the judiciary and the legal profession are deplorable. Institutional trust is under siege, and now is not the time—[Interruption.] I am trying to make a speech that is non-partisan—[Interruption.] It really is not. I remember vividly when I sat where the Lord Chancellor now sits and he was on this side of the House. I remember the fire that breathed from his soul as he spoke about justice. I can hear him now, in my mind’s eye, speaking on this subject, and I know that he would have been saying the direct polar opposite of what he is advancing today in the House. I would say that he was his wiser self in those days. He was his best self then, because at that time he was motivated by those who were oppressed, who were poor and who faced the full phalanx of the state reined against them. It was this Secretary of State in a different guise who was their champion and their voice. A jury trial is the most potent weapon and instrument against oppression and injustice. It serves not just those who are wealthy but those who are poor, and not just those who have a voice but those who do not. It is the 12 members of a jury who will give a hearing to people who otherwise have no hearing—

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  3. ParliamentSir Geoffrey Cox

    Courts and Tribunals Bill

    I will not take interventions now, and certainly not if they are of the quality that we have had up till now. The reality is that jury trial is the cornerstone of our justice system. Do away with it and we are in trouble. Let us look at the way in which this Bill operates. It automatically presumes jury trial for everything that will have a likely sentence of three years, and those will involve some grave offences. However, in relation to serious, complex or lengthy cases, it could cover any allegation, so long as a judge concludes that it is appropriate that it should be dealt with without a jury. Apart from the excluded offences, which I accept exist, it is not just fraud trials but all kinds of trials that will be tried without a jury if a judge concludes that is appropriate. The moment we make jury trials subject to the individual view of a judge as to whether that is appropriate or not, we drive a hole through the fundamental, accepted right that all of us on both sides of the House have accepted over so many years, which is that if someone is accused of a serious crime that could destroy their reputation, disqualify them from the House of Commons, wreck their professional reputation or result in the loss of their employment—as with the postmasters and postmistresses—they should be able to be judged by 12 people. There is a reason why summary justice is called “summary”. There is a reason that summary justice was always subject to a complete rehearing. It has been suggested that there is no right to a jury trial. Of course there is no written right, but there has always been an accepted consensus, on both sides of this House and throughout the system of this country, that jury trials are precious for those kinds of cases, particularly those involving allegations of dishonesty. The right to elect is crucial. That is what this Bill is undermining. That is what is so dangerous about it. And undermining it on what basis? Arbitrary rules and arbitrary divisions. Why three years? Why not next year four or five? Why not extend it gradually, little by little, until we reduce—

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  4. ParliamentSir Geoffrey Cox

    Courts and Tribunals Bill

    No, I am not giving way. Let me make that clear now. I want to finish in a moment. The reality is that jury trial is too precious a thing to lose. We are faced with a question of principle here. The savings that the Government claim will be made are contested by many expert analyses from the profession, the Institute for Government and others. They are based on questionable assumptions. Are those savings sufficient for us to abrogate a fundamental principle that attracts almost universal assent across the political spectrum, which is so rare in our institutional and political life? Are they sufficient for us to take this highly unprecedented and questionable step? I would submit that they are not. I would submit to the House that we should pause long and hard before we encroach upon this fundamental principle. I have seen it work in practice over 40 years and, as I have said, I have never failed to be awe-inspired by the sheer quality of attention and fairness that a jury brings to its deliberations. Summary justice can never replicate that. We are about to take a step that will irretrievably damage the quality of justice in this country. I do not watch television much, but sometimes I watch something called “Digging for Britain”. It is apparent from that programme that we can tell when a civilisation starts to degrade when the quality of its architectural constructions changes; they start to look cheaper, and there is less attention to detail. If we take this step, we will be degrading our system of justice. A summary justice trial is summary—the clue is in the name—but that has always been corrected by the power to have a full rehearing in the court above: the Crown court. The Bill is even taking that away. We are ensuring that many thousands of people will be dealt with summarily in cases of great importance to their life and reputation. I can only appeal to the House—ineffectually, perhaps; and I regret that I have attracted comments from Labour Members suggesting that my comments are controversial. They come from the heart, and from my 44 years’ experience of a system and a profession that I love. If I have attracted the ire of Labour Members, I apologise for that; I was hoping to induce reflection on the sheer importance of the institution about which we are to take this important decision.

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  5. ParliamentSir Geoffrey Cox

    Courts and Tribunals Bill

    The other logical absurdity is that, under the Government’s proposed reforms, somebody with a previous conviction may well go above the three-year threshold, so those who have a string of previous convictions will get a right to jury trial, but a person of good character will not.

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  6. ParliamentSir Gavin Williamson

    Digital ID: Public Consultation

    Before I purchase something at the supermarket, I want to know what the price is. The Minister seems to be lacking clarity on how much this is going to cost. Can he give that clarity?

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  7. ParliamentSir Edward Leigh

    Courts and Tribunals Bill

    Quite unusually, I have served as a practising barrister in courts and have also served on juries. I never fail to be impressed by the extraordinary care that juries take in deciding a case. Undoubtedly, the stand-out speech of the debate so far has been by my right hon. and learned Friend the Member for Torridge and Tavistock (Sir Geoffrey Cox). He addressed us like a jury; it was actually rather wonderful. He posed a question to us that is always posed to a jury, and which is emphasised by the judge at the end of the case: are you certain? Are we sure that trial by jury is guilty? Frankly, I do not think that the Government have made the case so strongly that we can be certain of the outcome. We are debating something of deep and fundamental seriousness. No one doubts that the backlog in the criminal courts is serious. Everybody agrees—I follow the hon. Member for Hornsey and Friern Barnet (Catherine West) in saying this—that justice delayed is justice denied for victims, whom we would certainly always put first, and for defendants alike. We know that Parliament has a duty to act. The question before us, however, is not whether we solve the backlog, but how we solve it. The concern many of us have is that we may be tempted to treat trial by jury as just some procedural device that can be adjusted for administrative convenience. Leaving aside the fact that there was no mention of this measure in any manifesto, trial by jury is not merely a procedure of the courts; it is one of the constitutional foundations of our liberty. As William Blackstone wrote in the 18th century, “Trial by jury ever has been, and I trust ever will be, looked upon as the glory of the English law”. It would have been inconceivable to Blackstone that what he called the “grand bulwark” of an Englishman’s liberties might be voluntarily and needlessly surrendered.

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  8. ParliamentSir Edward Leigh

    Courts and Tribunals Bill

    Of course that is an important point—we are not debating that. Of course the backlog is wrong, but this is not the right way to correct it. The backlog is caused by administrative delays or, if hon. Members want, cuts to the judicial system; it is not caused by trial by jury. Of course we put defendants first.

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  9. ParliamentSir Edward Leigh

    Courts and Tribunals Bill

    I may give way in a moment. Others, not necessarily in our country, have commented on this. Alexis de Tocqueville observed in the 19th century that the jury “places the real direction of society in the hands of the governed”. That was in his book, “Democracy in America”, and the great republic has followed our example.

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  10. ParliamentSir Edward Leigh

    Courts and Tribunals Bill

    I am not suggesting that jury trials have been abolished. If the hon. Member listens to my speech, she will hear me talk later about jury trials for people who are accused of, for instance, shoplifting. The freedom of the citizen is not solely determined by the state, but by his or her peers—that is the important point. The senior judge and legal philosopher Lord Devlin captured this perfectly when he wrote: “Each jury is a little parliament.” The jury trial is the point at which ordinary citizens participate directly in the administration of the King’s justice. The existence of the jury tells a citizen that the determination of justice ultimately belongs to free people of good character, not to bureaucrats, officials or state-appointed mandarins. That is why the principle has deep historical roots in our constitutional tradition, and why this debate is so fundamental. As long ago as 1215, Magna Carta declared that “No free man shall be seized or imprisoned…except by the lawful judgment of his equals or by the law of the land.” For more than eight centuries, that principle has stood as a reminder that liberty must always be guarded against the power of the state. Today we are told that this safeguard must be weakened because the courts face a serious backlog. A temporary administrative crisis should not lead us to dismantle a permanent constitutional protection; that is the point. It would be the height of folly.

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  11. ParliamentSir Edward Leigh

    Courts and Tribunals Bill

    I hope my hon. Friend will forgive me, but Madam Deputy Speaker wants me to proceed. The backlog did not arise because juries exist; it arose because the system itself has been placed under strain for many years. Opposition Members, like others, have a responsibility here. If the courts are struggling, the answer is to repair the system rather than weaken the principle. Many sensible proposals have been suggested, such as restoring bigger and longer court sitting patterns, opening additional courtrooms, and treating the backlog as a genuine national crisis that requires urgent resources. Many people have pointed out the flaws in the Lord Chancellor’s plan. Several senior legal figures have written to The Times explaining that the proposals are “unworkable”. Perhaps there is one possible compromise: to at least preserve the absolute right of those of good character to a jury trial. If a person of good character—perhaps a Member of Parliament—is accused of something such as shoplifting, which would be quite a minor case, it can have a devastating impact on their career and life.

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  12. ParliamentSir Edward Leigh

    Courts and Tribunals Bill

    That is a very fair point. I ask Members to look to their conscience. If they, a Member of Parliament—a person of good character—were accused of shoplifting, what would they choose? They would choose trial by jury, would they not? They would not choose to be tried by a magistrate. The task before us is to solve this practical problem without undermining our constitutional safeguards. The danger that we face is the temptation to sacrifice a long-standing liberty for the sake of short-term administrative convenience. The Lord Chancellor is a friend of mine and a good man. He is not a villain; he approaches things with the best of intentions—I say that without doubt. The problem is that we may not always have individuals as good natured and well intentioned as him. We accept that he is genuinely trying to solve a problem, but I fear that he is doing it with the wrong mindset. Constitutional safeguards are not designed for moments when power is exercised by good men; they exist precisely because future holders of power may not always be so wise or so restrained. We have become so used to our state of freedom that we are in danger of imagining that it is the natural state of mankind. History teaches us that it is not. We have reached our advanced state of structured freedom, responsible government and parliamentary democracy through centuries of slow, organic growth. They grew through the common law, through Magna Carta, through Parliament and through the principle that the community—the people—participate in justice.

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  13. ParliamentSir Edward Leigh

    Courts and Tribunals Bill

    I do not expect an answer now, but will the Minister take away one point that I and others made, which is that people of good character should have an absolute right to a jury trial? She need not answer now, but will she at least consider that point?

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  14. ParliamentSir Desmond Swayne

    Topical Questions

    T8. The Chancellor said that she will meet representatives of the North sea oil industry to see how it can help. The proper question is how she can help it, is it not?

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  15. ParliamentSir Desmond Swayne

    Digital ID: Public Consultation

    I am almost speechless! This House is the properly accountable people’s panel, not some collection of stooges and trustees selected by the Minister. In any event, it is no good him telling us it is asleep—this parrot is dead, killed by lack of trust in the Government after the whole saga of Labour Together, isn’t it?

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  16. ParliamentSir Ashley Fox

    High Street Businesses: Tax Changes

    2. What assessment she has made of the potential impact of changes to business rates announced in the autumn Budget 2025 on the retail, hospitality and leisure sectors.

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  17. ParliamentSir Ashley Fox

    High Street Businesses: Tax Changes

    Many retail, hospitality and tourism businesses in my constituency traditionally give young people their first job, but with the Chancellor’s jobs tax, the unemployment rights Act and now huge increases in rates, many of those businesses are struggling to survive, so they just cannot afford to take on those young people. Does the Minister accept that his Government are the reason that youth unemployment is now higher in the UK than in the EU for the first time since records began?

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  18. ParliamentSir Ashley Fox

    Courts and Tribunals Bill

    I support the reasoned amendment tabled by my right hon. Friend the Leader of the Opposition, which declines to give this Bill a Second Reading. I do so because while there are some useful measures in the Bill, at its heart is an unjust proposal. The Government’s plan to curtail jury trials is wrong.

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  19. ParliamentSir Ashley Fox

    Courts and Tribunals Bill

    The right to a trial by jury is central to the English legal system. It has its roots in Magna Carta. It ensures that the public participate in the administration of criminal justice and gives protection to citizens from politically inspired trials. It is regrettable that some parts of the Labour party seem to take delight in tearing up long-held principles that underpin our constitution simply because it is politically expedient to do so. They are shredding our constitution without much thought as to the consequences.

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  20. ParliamentSir Ashley Fox

    Courts and Tribunals Bill

    I agree with the hon. Lady’s point. The Government are changing the balance of power between the citizen and the state, then pleading delays in Crown court trials as justification. This policy of curtailing the right to jury trials is ideological. In January, the Courts Minister was asked about the plans to overhaul jury trials. She admitted that she would be scrapping jury trials even if there was no courts backlog. I wonder how many Labour colleagues agree with her. I think that is disgraceful, and I suspect that there are more than 80 Labour MPs who agree with me. There is no doubt that the Crown court backlog is a serious issue. The Leveson report contains many useful proposals to improve the criminal justice system, and I will support them, but the backlog was not caused by the right to trial by jury, and it will not be alleviated by curtailing that right. In my view, the solution is to increase the capacity of the Crown court, and in fairness, parts of the Bill aim to do that. However, why does the Lord Chancellor think that abolishing jury trials for those likely to receive a sentence of three years or less is the right thing to do? Senior judges, legal professionals, and even learned Labour MPs have all warned that removing juries will make only a marginal difference—if any—and as a former solicitor, I agree. Judges themselves have said that the supposed time savings are inherently uncertain. Single-judge trials still require full evidence, witnesses, legal argument and detailed, reasoned judgments. That takes time; in fact, the Bill risks leaving courtrooms empty while judges write up their decisions instead of hearing other cases. There are other reforms that we should make before sacrificing the right to trial by jury. To take one example, the Lord Chancellor should look at the wider efficiency of the Ministry of Justice. For the past two years, the MOJ—which includes the courts service—lost the highest number of days to sickness and absence per member of staff in the whole of Whitehall. Each employee took an average of 10.7 days of sickness, which equates to over two working weeks a year for every member of staff. Not only is that 30% higher than the civil service average, but it is double the average of the private sector. I have always thought that sickness is a fairly good indication of how well a company, charity or Department is run, and perhaps if the Lord Chancellor focused his efforts on improving the efficiency of his own Department, he might start to see the whole system improve. The Lord Chancellor should also look at the listing practices of different court circuits in England. The western circuit, which covers Somerset, has a much lower backlog than London does, and the Liverpool circuit is probably the most efficient in the country. Why does the Lord Chancellor not try to replicate the listing practices of the Liverpool circuit before taking this disastrous step? He has previously said that cutting jury trials would be a mistake—in the past, he thought that was wrong. I believe that his first judgment, according to his conscience, was the right one, and I urge him to reconsider his plans.

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  21. ParliamentSir Ashley Fox

    Courts and Tribunals Bill

    The hon. Member seems entirely ignorant of the success in Liverpool Crown court, where from 23 June, Operation Expedite reduced court delays by one third. Does he not think that it is worth replicating that experiment, which has been so successful in Liverpool, before curtailing the right to trial by jury?

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  22. ParliamentRobbie Moore

    Fur: Import and Sale

    It is a pleasure to serve under your chairmanship, Ms Jardine. I thank the hon. Member for Newport West and Islwyn (Ruth Jones) for securing today’s debate. She has been a tireless campaigner on this issue in her role as a shadow Minister before the general election, in tabling a private Member’s Bill and securing many Westminster Hall debates on animal welfare issues. I congratulate her on securing this important debate. As all Members indicated in their contributions, fur farming has rightly been banned in England and Wales since 2000. Legislation prohibits the keeping and breeding of animals solely or primarily for slaughter due to the value of their fur, but that was 26 years ago. The hon. Lady raised the issue of fairness in how, while we have a ban in place here, we still enable imports that do not meet our standards. We have not yet achieved a ban on imports. Personally, I feel that is wholly unfair and inadequate, and it needs to be explored. What position do we see ourselves in today? There are several restrictions in place that seek to monitor and control how this trade can be carried out in the UK. There are restrictions on some skin and fur products that may never be legally imported into the UK, including fur from cats and dogs, but we all acknowledge that it still does not go far enough. There are also established controls on fur from endangered species protected by the convention on international trade in endangered species, and on imports of fur from wild animals caught using methods that are non-compliant with international humane trapping standards, but again that does not go far enough. Under the Textile Products (Labelling and Fibre Composition) Regulations 2012—EU regulations that have now been assimilated into UK law—any textile product that contains real fur or other animal-derived materials must carry the mandatory label: “Contains non-textile parts of animal origin”. That wording must appear exactly as specified and must be clearly visible to consumers. The regulations require all textile products to display a label identifying their fibre content, including any fur, leather or bone. I would argue that is not adequate or clear enough to a consumer who is buying a product, and therefore it does not go far enough. Many Members have rightly said that while we have banned fur farming and created a direction for other countries to follow, continuing to enable imports is still offshoring our responsibility. I therefore urge the Government to explore that route. We know that fur imports are decreasing. Under the previous Administration, as we all know, animal welfare standards increased and the volume of fur imported fell by 50% in five years. The trend is declining and there is a decrease in consumers buying imported fur, so the economics back the position of taking a much stronger approach to banning imported fur. A consultation was launched seeking views on the fur market. The call for evidence received over 30,000 responses from businesses, representative bodies and individuals, demonstrating strong public support and interest. It is good to see that the Government have now published the responses to that consultation, but I would like to understand from the Minister how the Government will go forward. In addition to the interests of businesses, it is clear that this is an issue that matters to the British public. A petition to ban fur imports was launched by the Fur Free Britain campaign, receiving over 1.5 million signatures. The issue has also been debated many times in this place. We all acknowledge that this demonstrates a strong feeling from the British people that the import of fur should be banned. I would like to clearly understand the Government’s position following the Animal Welfare Committee’s report, which was published following that petition. The Government announced their animal welfare strategy in December. Much of it was welcome, but I want to ask the Minister why it did not include a ban on fur imports, as it had previously been indicated that an incoming Labour Government would be willing to explore that. I also want to seek clarity from the Government on the potential timeframe for any additional consultation that is likely to be announced on this issue. What will they be doing, in addition to what is announced in the animal welfare strategy, to explore the issue further? As has been said, much good work has been done by previous Administrations, and there is an indication of more of this in the animal welfare strategy, to improve animal welfare generally in this country. That was picked up by one of the contributions about ear cropping. We cannot be in a scenario where we are banning things from happening here but effectively enabling an equivalent product—whether it is food, a live animal or a product from a live animal—that is banned or that does not meet our expected level of animal welfare to come into the country. That is simply unfair, and I want to push the Minister on what the Government’s position is on the timing of that going forward.

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  23. ParliamentRobbie Moore

    English Rugby

    I thank the hon. Member for West Dorset (Edward Morello)) for securing this debate. In Keighley we have an urgent challenge: the last Conservative Government allocated more than £2 million to Keighley Cougars to build a new stand, but the money is still being withheld by Bradford council. It needs to be unlocked so we can get that stand built urgently. Would the Minister, or his counterpart in MHCLG, meet me so we can discuss that and try to get that money unlocked for Keighley Cougars?

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  24. ParliamentRichard Fuller

    OBR Growth Projections: Departmental Spending

    The Government’s spending plans look very, very iffy. The Minister has a chance of fitting in with the Chancellor’s fiscal rules—if there is no further downgrade on economic growth, which seems unlikely; if the Government have the backbone to rein in public spending and to increase taxes in the last years of the Parliament, which seems very unlikely; if the Government do not have to step in with any significant energy support because no money has been set aside; and if the Government can get £4.8 billion in salary sacrifice in 2029-30 revenues, which the industry says is a pipe dream. So here is another “if”. If the Minister’s spending plans start to fall apart, will he prioritise cuts in public spending over tax increases?

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  25. ParliamentRichard Fuller

    Youth Unemployment: Autumn Budget 2025

    Last month, The Times reported that the Government may drop their pledge on minimum wage equalisation over fears of youth joblessness, and the BBC reports that the Government are considering a delay. Can the Minister advise whether the Government have considered any such delay or policy changes, and if so, what decision has been reached?

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  26. ParliamentNick Timothy

    Courts and Tribunals Bill

    I beg to move an amendment, to leave out from “That” to the end of the Question and add: “this House declines to give a Second Reading to the Courts and Tribunals Bill because trial by jury is a fundamental part of the United Kingdom’s constitution and democracy; it is wrong to remove defendants’ right to elect for trial in the Crown Court for all triable either-way offences; extending magistrates courts’ sentencing powers, and restricting the right to appeal against sentences and convictions in the magistrates courts, compounds the fundamental injustice at the heart of the Bill; reducing public participation in the justice system will undermine confidence in it; eroding the right to trial by jury will not make a meaningful impact, if any, on the backlog of court cases; and it calls on the Government to instead tackle the court backlog by improving case management and encouraging earlier pleas, increasing sitting days in the Crown Court, and increasing the hours per day that courts are able to sit by improving the use of technology and the efficiency of prisoner transport.” Today, the Government attack an ancient English right that runs through our constitution, from Magna Carta and the Bill of Rights to trials taking place at this very moment in courts across the land. That right—that nobody should be seized, imprisoned or deprived of his standing in any way, except by the lawful judgment of his equals—is an essential part of our national inheritance. It is part of what makes our legal system the envy of the world. It is admired by jurists and legislators from all around, and it has been copied by all those countries—success stories, like America and Australia—that have followed our common law model. However, this Government—without a mandate, without a case and without any evidence to justify their actions—have decided that our ancient rights are little more than an inconvenience that this Justice Secretary thinks he can sweep away with only the briefest consideration. Why? He says this is about efficiency and protecting the rule of law, but that is nonsense. According to the Government’s own impact assessment, reducing jury trials will cut the Crown court workload by about 3.5%, but even that number, as I will explain, is wrong. According to the Institute for Government, this Bill will reduce the Crown court workload by only 1% or 2%. In other words, rape victims, who are waiting for a year for their case to be heard at present, would have their cases heard just one week earlier. From the basics, such as getting defendants to court on time, to intensive case management, there is much more that can be done to make the courts more efficient without attacking jury trials.

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  27. ParliamentNick Timothy

    Courts and Tribunals Bill

    The Institute for Government has made it absolutely clear that the figures that the Government have produced are based on assumptions that are not necessarily shared by anybody who knows what we are talking about.

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  28. ParliamentNick Timothy

    Courts and Tribunals Bill

    Magistrates have their place in the system, but jury trials are fundamental to our inheritance, and to public confidence in the criminal justice system. If the reason is not efficiency, why are the Government doing this? There are only two plausible explanations. The first is that this left-wing Government—determined to censor free speech, and indifferent to public concern about two-tier justice—simply want to do away with the hassle of juries. The second is that the civil service has long sought to do this, and after a line of wiser Secretaries of State than this one, they finally found a Secretary of State foolish enough to go along with it. We can imagine the scene in the Ministry of Justice. A reshuffle is under way, and the Cabinet Secretary tips off Sir Humphrey, who promptly gathers his officials and asks them what the new Justice Secretary is all about. A private secretary plays the now notorious episode of “Celebrity Mastermind”. “What blue cheese is paired with port?”, asks the quizmaster. “Red Leicester”, says the right hon. Gentleman. Sir Humphrey’s eyebrow arches. “Which Marie won the Nobel prize for physics?” “Antoinette”, comes the answer. Sir Humphrey smiles a wry smile. “Which English King followed Henry VIII?” “Henry VII,” cries the right hon. Gentleman. Sir Humphrey looks around at his trusted officials, and says, “Finally, I think this time we’ve found our man.” For this is not a new idea. Officials have been itching to do this for years, but wiser Secretaries of State have always said no. Under this explanation of events, the Justice Secretary accepted the advice of his officials, failed to interrogate their arguments, and without so much as a second thought, decided to do what was rejected even during the pandemic, when lockdown and social distancing rules meant criminal trials were postponed.

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  29. ParliamentNick Timothy

    Courts and Tribunals Bill

    Crown court waiting times were actually lower under the Conservatives until the pandemic. It is true that the backlog grew during the pandemic, but the pandemic came before the general election, so why, if it was so necessary, was this measure not in the Labour party manifesto? I am willing to accept that my account may be unfair. Despite all the evidence provided by the Justice Secretary over the years, the policy might not be explained by his incompetence. Just as plausible is ideological vandalism, and we should take Ministers at their word. To be clear, I do not mean the occasion when the Justice Secretary insisted: “Criminal trials without juries are a bad idea.” No, I mean the explanation given by the Minister for Courts. She said, “This is ideological.” Asked if the Government would be doing this for reasons other than efficiency, she said yes. If we join the dots, this does make sense, because Labour Governments have tried to do it before—in 1999, 2003 and 2007. [Interruption.] The Justice Secretary says Margaret Thatcher did it. Not only is that not true, but if he reads “The Downing Street Years” he will get a lesson in conviction politics and strong leadership, which this Government do not understand.

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  30. ParliamentNick Timothy

    Courts and Tribunals Bill

    I will not give way. Of course, when the Justice Secretary’s predecessor, the Home Secretary, commissioned Sir Brian Leveson to conduct a review of the criminal courts, she knew what she was doing, because in an earlier review Sir Brian had already said that jury trials should be restricted, with magistrates deciding the mode of trial and appeals made to a circuit judge. Perhaps the Justice Secretary sees this, like the early release scheme, as another hospital pass from his predecessor, who like the hardened criminals she let out of prison early, got out of the MOJ before facing the consequences of her actions. If he does think that, he should not feel that he has to go ahead with it. Yet here the Justice Secretary is today proposing not only what Sir Brian Leveson recommended, but an even more radical change. He is telling the House that he has no choice but to rush this very serious legislation through Parliament at breakneck speed. The Bill was published less than two weeks ago, after no consultation at all, and today he is already asking hon. Members to approve its Second Reading. He is allowing only five days for Members to scrutinise the Bill line by line in Committee. That is less than the Government allowed for the Railways Bill, the Public Authorities (Fraud, Error and Recovery) Bill and the Pension Schemes Bill. It is about the same time the House once spent scrutinising the Salmon Act 1986, which introduced the offence of handling salmon in suspicious circumstances. It is less time than the 44 debates, statements and urgent questions this House has heard on Israel, Palestine and Lebanon since the election. We are not talking about legislating to recognise the sentience of crustacea or regulate travelling circuses; we are talking about a fundamental change to our constitution, the operation of our courts and the rights of our people. In the words of His Honour Geoffrey Rivlin KC, this Bill is “one of the most radical and revolutionary events in English legal history. Yet it has not appeared in any manifesto; it has not been put out for consultation; it has not been recommended by Leveson”. He says that it “has been ‘published’ with virtually no notice to anyone”. What arrogance, Madam Deputy Speaker—what a disgrace! If this Bill had been the subject of consultation and this Justice Secretary had spent any time listening to judges, lawyers and the public, he would know that it will fail on its own terms. He says that it will deliver justice for more victims, but in Canada and Australia—jurisdictions he cites as an inspiration—judge-only trials have seen more acquittals than jury trials. Indeed, the impact assessment predicts that fewer people will go to prison as a result of these changes. That should be no surprise: asking judges sitting alone to take responsibility for depriving somebody of their liberty is far more onerous than asking 12 fellow citizens who can discuss the evidence, argue the case and share the burden between them. A corresponding danger to justice is posed by the proposals to increase magistrates’ sentencing powers to two years and to limit the right to appeal their rulings. As the hon. Member for Kingston upon Hull East (Karl Turner) said earlier, no fewer than 40% of appeals against verdicts and 47% of appeals against sentences issued by magistrates are successful. Incredibly, the Justice Secretary seemed to suggest just now that these figures are not a cause for concern, but a cause for celebration.

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  31. ParliamentNick Timothy

    Courts and Tribunals Bill

    I do not accept that characterisation of magistrates courts. If that were a true cause for concern for the hon. Lady, this Bill would perhaps try to address what she says, yet it does not. The Government’s claims about what the Bill will achieve are hopelessly confused. The Justice Secretary leans heavily on Sir Brian Leveson, who says that limiting jury trials will save 20% of court time, but there has been no modelling to justify this number, and Sir Brian has admitted that it is little more than a guess. When challenged by my hon. Friend the Member for Solihull West and Shirley (Dr Shastri-Hurst), the Justice Secretary said, “We will…publish our modelling alongside the…Bill”.—[Official Report, 3 February 2026; Vol. 780, c. 109.] Yet no modelling worthy of the name has been published. The impact assessment takes Sir Brian’s guess and uses it as the median estimate. This is fiction masquerading as science. The Criminal Bar Association calls the impact assessment “meaningless verbiage”, “total gibberish” and something that “would make the script writer of ‘In the Thick of it’ wince with embarrassment”. It concludes: “If anyone can make any sense of this, please get in touch.” If the Justice Secretary wanted to accept that invitation right now, I would be willing to give way to him—but he does not. The Government have overstated the length of trials for cases in scope of the proposed change by more than 100%. The better estimate has been made by the Institute for Government, where researchers have listened to judges and lawyers and understood that only 20% of Crown court time is spent trying either-way offences. Of course, half of those cases will remain jury trials because the likely sentence is above three years. The cases in scope therefore take up only 5% to 10% of Crown court time, so even if they could be tried 20% faster, it would save only 1% or 2% of court time.

    Hansard source
  32. ParliamentNick Timothy

    Courts and Tribunals Bill

    My right hon. and learned Friend is exactly right. I was planning to turn to that point, because the Bill creates a problem not only in the burden of time it creates, but in the politicisation of our judiciary. The Bill does create new time burdens. When juries deliberate, judges do other work in court, including on other trials. If judges deliberate instead, the court time used to hear other cases is lost. Because a defendant’s right to a jury trial will depend on the likely custodial sentence if he is found guilty, if the Bill becomes law, a judge will, for the first time, be needed to first conduct a hearing to determine the likely sentence. The Bill says that the parties involved should make representations; in cases with several defendants, the judge would need to hear from all their representatives and the prosecutor, taking up hours of time. There is more: defendants often plead guilty after the plea and trial preparation hearing, but before trial. In these cases, the sentencing judge—possibly not the same as the allocating judge—will have to hear the submissions all over again. Then there are the reasons for conviction or acquittal, as my right hon. and learned Friend has just said. Juries do not have to provide reasons, but the Bill says that judges must. That will inevitably take many hours per case—time that right now is used to try cases.

    Hansard source
  33. ParliamentNick Timothy

    Courts and Tribunals Bill

    I will make some progress. This opens up new risks. The publication of judges’ reasons is likely to lead to more appeals and more court time being taken up. As questions are posed about judges’ reasons, we are likely to see the politicisation of judges and judicial appointments—something that will be made worse by the blurring of our adversarial model and the European inquisitorial role of judges. Under our model, judges are entitled to intervene and seek further information to help the jury with their assessment; in a judge-only trial, where the judge inevitably takes on a more inquisitorial role, those interventions and requests will inevitably be portrayed as the display of bias. This will be made worse when it comes to the role of the judge in deciding on the admissibility of evidence. A judge usually sees all manner of material that is prejudicial to the defendant but deemed inadmissible, which does not matter when it is a jury who decides innocence or guilt. When a judge sees prejudicial material and deems it inadmissible, however, it will be difficult for anybody to believe that the information was simply erased from their mind. Judges may be professional and fully committed to their impartiality, but they are not superhuman.

    Hansard source
  34. ParliamentNick Timothy

    Courts and Tribunals Bill

    I will not. It is not difficult to see how this, too, will undermine public confidence in the criminal justice system and put judges in an impossible situation.

    Hansard source
  35. ParliamentNick Timothy

    Courts and Tribunals Bill

    I totally understand what the hon. Lady says, and we are all interested in the best interests of victims. [Interruption.] To suggest otherwise is absolutely appalling, and the hon. Member for Milton Keynes Central (Emily Darlington) should withdraw that comment. I completely agree with my right hon. Friend the Member for Hertsmere (Sir Oliver Dowden). I was concerned by the Justice Secretary saying that he is proud of the fact that his party does not just look to the past and to how things have been; I think one of the problems with Labour is that it is too careless with how things have always been. This is exactly what we are talking about. This is an ancient constitutional and legal right, and Labour is being careless about it.

    Hansard source
  36. ParliamentNick Timothy

    Courts and Tribunals Bill

    I will not give way again. We are talking about a fundamental change in the way that we try criminal cases, and the cases in scope are not minor; they are cases where the likely sentence is between 18 months and three years in prison. Before Government Members decide how to vote this evening, they need to search their souls and ask themselves three vital questions. Is this Bill just? Is it thought through? Is it going to make our courts more efficient? If they are honest with themselves, and if they ask judges, lawyers and their own colleagues, such as the hon. Member for Kingston upon Hull East, they will know that the answer to all three questions is no. None of the great Labour Prime Ministers would ask them to take this step—not Clement Attlee, not Harold Wilson, and not James Callaghan, as the Justice Secretary earlier claimed. As Home Secretary, Roy Jenkins would never have invited MPs to put their conscience aside and vote for what they believe, deep down, to be wrong—and, as I understand it from the media briefings, neither would the former Deputy Prime Minister, the right hon. Member for Ashton-under-Lyne (Angela Rayner). Government Members know the policy was not in their manifesto, they know that there has not even been a consultation, and they know that it is wrong to rush this through the House after just five days of scrutiny in Committee. They know, too, that in perhaps just a few months, this Prime Minister will be gone. I do not believe that they wish to look back in the years ahead and remember voting to attack an ancient English right and to undermine what makes ours the best legal system in the world, all for a Prime Minister who takes them for granted and who they will soon replace. We will vote against this terrible Bill today, and so should they.

    Hansard source
  37. ParliamentMs Nusrat Ghani

    Courts and Tribunals Bill

    The reasoned amendment in the name of the loyal Opposition has been selected.

    Hansard source
  38. ParliamentMs Nusrat Ghani

    Courts and Tribunals Bill

    Order. Before the Lord Chancellor responds, let me say that many Back Benchers wish to contribute. No doubt he is coming close to a conclusion sometime soon-ish.

    Hansard source
  39. ParliamentMs Nusrat Ghani

    Courts and Tribunals Bill

    There are shy of 60 people wishing to contribute. I urge Members to keep their contributions brief.

    Hansard source
  40. ParliamentMs Nusrat Ghani

    Courts and Tribunals Bill

    We are now on a speaking limit of six minutes. I call Catherine West.

    Hansard source