Jerome Mayhew
Shadow Minister (Transport), Opposition Whip (Commons)
What assessment he has made of the potential impact of his proposed changes to jury trials on the criminal justice system.
Rebecca Smith
Opposition Assistant Whip (Commons)
What assessment he has made of the potential impact of his proposed changes to jury trials on the criminal justice system.
Neil Shastri-Hurst
Conservative, Solihull West and Shirley
What assessment he has made of the potential impact of his proposed changes to jury trials on the criminal justice system.
Lincoln Jopp
Conservative, Spelthorne
What assessment he has made of the potential impact of his proposed changes to jury trials on the criminal justice system.
David Lammy
Deputy Prime Minister, The Lord Chancellor and Secretary of State for Justice
The Conservatives left our criminal justice system on the brink of collapse, and we are taking action to clean up the mess they left behind. Our detailed impact assessment, published alongside the Courts and Tribunals Bill, shows that our package of measures will save about 27,000 sitting days per year, a saving of almost 20%. Only through reform, together with record investment and action to modernise our courts, can we finally turn the tide on the backlog and deliver swifter justice for victims.
Jerome Mayhew
Shadow Minister (Transport), Opposition Whip (Commons)
The Justice Secretary has just told us that the reason he is cutting jury trials is to get the backlog down. If that is the case, why is there not a Sunset clause, so that once the backlog is reduced, those jury trials can resume?
David Lammy
Deputy Prime Minister, The Lord Chancellor and Secretary of State for Justice
If the hon. Gentleman had listened during the Second Reading debate, he would have heard me say that demand in the system is up. Police arrests are 10% up. For all those reasons, alongside the backlog that we inherited from the Conservative Government, it is important that we put in place reform that is sustainable for the long term, and that is why there is not a Sunset clause.
Rebecca Smith
Opposition Assistant Whip (Commons)
About 6,200 cases are awaiting justice in the south-west. Sexual offences cases take about 320 days, but local victims and defendants deserve justice. The excellent example of Liverpool Crown court highlights how it is possible to tackle the case backlog and secure justice without impacting defendants’ right to a jury trial. Given that tackling the backlog using efficiency, not removing the right to a jury trial, has the backing of the public and the Opposition—and, indeed, Labour MPs—when will the Secretary of State back down from his entirely un-British decision to minimise the use of jury trials?
David Lammy
Deputy Prime Minister, The Lord Chancellor and Secretary of State for Justice
It was not un-British when the Callaghan Government made reforms at the end of the 1970s, and it was not un-British when Margaret Thatcher made changes in 1989. It is precisely because we are lifting the system, which was on its knees under the last Government, that it is absolutely the opposite of un-British to support victims, especially women, who find themselves in the criminal justice system.
Neil Shastri-Hurst
Conservative, Solihull West and Shirley
The Government’s case for curtailing trial by jury is based on an impact assessment that rests on assumptions, rather than hard evidence. Is it not the truth that the Government are asking Parliament to give up and weaken a fundamental safeguard on the basis of hearsay alone?
David Lammy
Deputy Prime Minister, The Lord Chancellor and Secretary of State for Justice
Sir Brian Leveson spent months delivering part 1 and part 2 of his reforms. We are building on that. I have set out that this is a 20% saving. If the hon. Gentleman was Health Secretary—I am not sure he ever will be, but if he were—and he was told that a 20% saving could get the waiting list down, he would take it in an instant; so am I.
Lincoln Jopp
Conservative, Spelthorne
I think what the Health Secretary is actually doing at the moment is paying people to fudge the waiting lists. I want to be very clear, because there are slightly mixed messages from the Justice Secretary: are there any circumstances in which he would consider the reintroduction of jury trials for those cases that are going to have them removed?
David Lammy
Deputy Prime Minister, The Lord Chancellor and Secretary of State for Justice
I know the hon. Gentleman has studied this closely, but there are two problems we have to fix. Demand is going up—I said that the police are arresting more. But he will know that because of the use of smartphones, social media, DNA evidence and forensics—for all those reasons—trials are taking longer. That is what we are seeking to fix in the Courts and Tribunals Bill and that is why we have to put the system on a sustainable footing for the next generation. That is what the Bill will deliver.
Natalie Fleet
Labour, Bolsover
Since coming into this role, I have heard from more victims than I ever thought I would in a lifetime. They tell me their stories, and I believe them and listen. What I do not ask them to do is report, because nobody wants to put anybody in a system that is so unsustainable, and re-traumatise them. Does the Secretary of State agree that the changes being presented and driven through by our Government will mean that a victim is more able to report, more likely to feel like they can get an outcome in a reasonable amount of time and less likely to feel that they are the ones on trial?
David Lammy
Deputy Prime Minister, The Lord Chancellor and Secretary of State for Justice
I am hugely grateful for my hon. Friend’s continual advocacy in the Chamber on behalf of victims. She is absolutely right. If we do nothing, we head to a backlog of 200,000, and many, many victims sitting behind that backlog. If we do as Opposition Members suggest, we head to a backlog of 133,000. That is why we have to do these reforms and why I am very pleased to put forward a Bill that also does more, in particular for victims of sexual crime and rape.
Alex McIntyre
Labour, Gloucester
Under the previous Conservative Government, criminal justice funding was cut by 23%, we lost 42% of our magistrates, half of our magistrates courts were closed and the number of sitting days in our Crown courts went down. That is the record of the Conservative Government. The only thing that went up was the number of victims waiting for justice. Does my right hon. Friend agree that the crocodile tears from the Conservative party today just show why the public should never put trust in arsonists to put out the fire?
David Lammy
Deputy Prime Minister, The Lord Chancellor and Secretary of State for Justice
One hundred per cent. That is why the Shadow Justice Secretary, when he stands up, should apologise. He was sat in the Home Office while that was happening.
Lindsay Hoyle
Speaker of the House of Commons, Chair, Speaker's Committee for the Independent Parliamentary Standards Authority, Chair, Speaker's Committee for the Independent Parliamentary Standards Authority, Chair, House of Commons Commission, Chair, Speaker's Committee on the Electoral Commission, Chair, Speaker's Committee on the Electoral Commission, Chair, Members Estimate Committee, Chair, Members Estimate Committee, Chair, Restoration and Renewal Client Board Committee, Chair, Restoration and Renewal Client Board Committee, Chair, Speaker's Conference (2024) Committee, Chair, Speaker's Conference (2024) Committee
Talking of which, I call the Shadow Secretary of State.
Nick Timothy
Shadow Secretary of State for Justice
Thank you, Mr Speaker—[Interruption.]
Lindsay Hoyle
Speaker of the House of Commons, Chair, Speaker's Committee for the Independent Parliamentary Standards Authority, Chair, Speaker's Committee for the Independent Parliamentary Standards Authority, Chair, House of Commons Commission, Chair, Speaker's Committee on the Electoral Commission, Chair, Speaker's Committee on the Electoral Commission, Chair, Members Estimate Committee, Chair, Members Estimate Committee, Chair, Restoration and Renewal Client Board Committee, Chair, Restoration and Renewal Client Board Committee, Chair, Speaker's Conference (2024) Committee, Chair, Speaker's Conference (2024) Committee
Order. The Opposition Benches were disorderly yesterday; I do not want the Government Benches to be disorderly today. Have the courtesy to hear the question, please. I am inundated with constituents complaining about the behaviour of MPs in this Chamber. I expect Ministers to set the best example, not the worst.
Nick Timothy
Shadow Secretary of State for Justice
The Prime Minister, we learned this weekend, once said that trials without juries mean evidence is not properly tested and can lead to wrongful convictions. Was he wrong?
David Lammy
Deputy Prime Minister, The Lord Chancellor and Secretary of State for Justice
Is that the best the hon. Gentleman can do? Of course the Prime Minister was not wrong—that is why jury trials will remain the cornerstone of our system. What a waste of a question!
Nick Timothy
Shadow Secretary of State for Justice
I think the public will be disappointed by this behaviour. The Justice Secretary cannot get his story straight. Like the Prime Minister, he once said:
“Criminal trials without juries are a bad idea”.
Now he says they are a good idea, with his justification for this change changing by the minute. Last week, 10 Labour MPs voted against the courts Bill and 90 abstained. They are looking for a compromise—not in the House of Lords, but while the Bill is in this House. The Justice Secretary just refused to agree a Sunset clause in answer to my hon. Friend Jerome Mayhew, so, for the sake of the 100 Labour MPs who do not trust him or his intentions, I will ask again: will he consider a sunset Clause, or will he tell his own MPs no?
David Lammy
Deputy Prime Minister, The Lord Chancellor and Secretary of State for Justice
I have to say, the hon. Gentleman has not apologised for the state that the Conservatives left the criminal justice system in, closing 40% of court buildings in England—[Interruption.]
Lindsay Hoyle
Speaker of the House of Commons, Chair, Speaker's Committee for the Independent Parliamentary Standards Authority, Chair, Speaker's Committee for the Independent Parliamentary Standards Authority, Chair, House of Commons Commission, Chair, Speaker's Committee on the Electoral Commission, Chair, Speaker's Committee on the Electoral Commission, Chair, Members Estimate Committee, Chair, Members Estimate Committee, Chair, Restoration and Renewal Client Board Committee, Chair, Restoration and Renewal Client Board Committee, Chair, Speaker's Conference (2024) Committee, Chair, Speaker's Conference (2024) Committee
Order. I will say this to both sides: there has been quite enough chipping in. The public do not like it, and I am not going to tolerate it.
David Lammy
Deputy Prime Minister, The Lord Chancellor and Secretary of State for Justice
There was also a reduction in funding of 23%. The hon. Gentleman knows that 90% of criminal justice cases are dealt with by the magistrates courts and 10% go to the Crown court, with 7% of those people pleading guilty—that leaves 3%. Our Bill is to deal with a small proportion of cases in a new Division so that we can do that swiftly. I have previously explained the reasons—demand in the system and length of trial—why it is my judgment that these have to be sustained changes, as were made by the Thatcher Government at the end of the ’80s and the Labour Government at the end of the ’70s. That is what I proposed. The Bill will now go to Committee and then on to Report, and will be debated and discussed in the usual way.
The Conservatives are a centre-right political party in the UK, founded in the 1830s. They are also known as the Tory party.
With a lower-case ‘c’, ‘conservative’ is an adjective which implies a dislike of change, and a preference for traditional values.
A sunset clause is a provision of a law which causes the law to (in effect) repeal itself automatically. They are typically used as a form of concession when debating controversial proposals.
The Second Reading is the most important stage for a Bill. It is when the main purpose of a Bill is discussed and voted on. If the Bill passes it moves on to the Committee Stage. Further information can be obtained from factsheet L1 on the UK Parliament website.
Secretary of State was originally the title given to the two officials who conducted the Royal Correspondence under Elizabeth I. Now it is the title held by some of the more important Government Ministers, for example the Secretary of State for Foreign Affairs.
The Opposition are the political parties in the House of Commons other than the largest or Government party. They are called the Opposition because they sit on the benches opposite the Government in the House of Commons Chamber. The largest of the Opposition parties is known as Her Majesty's Opposition. The role of the Official Opposition is to question and scrutinise the work of Government. The Opposition often votes against the Government. In a sense the Official Opposition is the "Government in waiting".
The shadow cabinet is the name given to the group of senior members from the chief opposition party who would form the cabinet if they were to come to power after a General Election. Each member of the shadow cabinet is allocated responsibility for `shadowing' the work of one of the members of the real cabinet.
The Party Leader assigns specific portfolios according to the ability, seniority and popularity of the shadow cabinet's members.
The Speaker is an MP who has been elected to act as Chairman during debates in the House of Commons. He or she is responsible for ensuring that the rules laid down by the House for the carrying out of its business are observed. It is the Speaker who calls MPs to speak, and maintains order in the House. He or she acts as the House's representative in its relations with outside bodies and the other elements of Parliament such as the Lords and the Monarch. The Speaker is also responsible for protecting the interests of minorities in the House. He or she must ensure that the holders of an opinion, however unpopular, are allowed to put across their view without undue obstruction. It is also the Speaker who reprimands, on behalf of the House, an MP brought to the Bar of the House. In the case of disobedience the Speaker can 'name' an MP which results in their suspension from the House for a period. The Speaker must be impartial in all matters. He or she is elected by MPs in the House of Commons but then ceases to be involved in party politics. All sides in the House rely on the Speaker's disinterest. Even after retirement a former Speaker will not take part in political issues. Taking on the office means losing close contact with old colleagues and keeping apart from all groups and interests, even avoiding using the House of Commons dining rooms or bars. The Speaker continues as a Member of Parliament dealing with constituent's letters and problems. By tradition other candidates from the major parties do not contest the Speaker's seat at a General Election. The Speakership dates back to 1377 when Sir Thomas Hungerford was appointed to the role. The title Speaker comes from the fact that the Speaker was the official spokesman of the House of Commons to the Monarch. In the early years of the office, several Speakers suffered violent deaths when they presented unwelcome news to the King. Further information can be obtained from factsheet M2 on the UK Parliament website.
The house of Lords is the upper chamber of the Houses of Parliament. It is filled with Lords (I.E. Lords, Dukes, Baron/esses, Earls, Marquis/esses, Viscounts, Count/esses, etc.) The Lords consider proposals from the EU or from the commons. They can then reject a bill, accept it, or make amendments. If a bill is rejected, the commons can send it back to the lords for re-discussion. The Lords cannot stop a bill for longer than one parliamentary session. If a bill is accepted, it is forwarded to the Queen, who will then sign it and make it law. If a bill is amended, the amended bill is sent back to the House of Commons for discussion.
The Lords are not elected; they are appointed. Lords can take a "whip", that is to say, they can choose a party to represent. Currently, most Peers are Conservative.
A parliamentary bill is divided into sections called clauses.
Printed in the margin next to each clause is a brief explanatory `side-note' giving details of what the effect of the clause will be.
During the committee stage of a bill, MPs examine these clauses in detail and may introduce new clauses of their own or table amendments to the existing clauses.
When a bill becomes an Act of Parliament, clauses become known as sections.
The House of Commons votes by dividing. Those voting Aye (yes) to any proposition walk through the division lobby to the right of the Speaker and those voting no through the lobby to the left. In each of the lobbies there are desks occupied by Clerks who tick Members' names off division lists as they pass through. Then at the exit doors the Members are counted by two Members acting as tellers. The Speaker calls for a vote by announcing "Clear the Lobbies". In the House of Lords "Clear the Bar" is called. Division Bells ring throughout the building and the police direct all Strangers to leave the vicinity of the Members’ Lobby. They also walk through the public rooms of the House shouting "division". MPs have eight minutes to get to the Division Lobby before the doors are closed. Members make their way to the Chamber, where Whips are on hand to remind the uncertain which way, if any, their party is voting. Meanwhile the Clerks who will take the names of those voting have taken their place at the high tables with the alphabetical lists of MPs' names on which ticks are made to record the vote. When the tellers are ready the counting process begins - the recording of names by the Clerk and the counting of heads by the tellers. When both lobbies have been counted and the figures entered on a card this is given to the Speaker who reads the figures and announces "So the Ayes [or Noes] have it". In the House of Lords the process is the same except that the Lobbies are called the Contents Lobby and the Not Contents Lobby. Unlike many other legislatures, the House of Commons and the House of Lords have not adopted a mechanical or electronic means of voting. This was considered in 1998 but rejected. Divisions rarely take less than ten minutes and those where most Members are voting usually take about fifteen. Further information can be obtained from factsheet P9 at the UK Parliament site.