It says in Clause 2, paragraph (d): Any cause, not being a cause to which paragraphs (a), (b) or (c) of this Section applies, shall, if any party thereto makes an application in that behalf, be tried with a jury, unless in the opinion of the Court or a Judge the cause is more fit to be tried" without a jury. That is surely making the jury dependent on the discretion of the Judge. My hon. Friend said that some of the Judges are human, but whether they are human or divine the argument would apply, and they would act upon their view as to whether it was a suitable case to be tried by a jury, and that is exercising their discretion in the matter. We want it made perfectly clear whether there is or there is not judicial discretion on this point. If the right hon. Gentleman is right and states that there is given in this Clause the absolute right to have a jury will he be good enough to say so, and promise to put it in words which are not ambiguous and make it perfectly clear.

This may be called a Committee point, but some of us believe that it is in the interests of the public and all concerned that the right to a jury which before the War was very extensively availed of should be made perfectly clear and absolute, and should not depend upon the discretion of any individual. Those of us who desire this right to be maintained press upon my right hon. Friend not to imperil or embarrass the procedure of this Bill, but take a more definite line and present a Clause much freer from doubt than the one which we are now discussing.