No, I do not think that it would be. The Government’s proposals rest exclusively on a trial’s length and complexity, difficulties that arise in many non-fraud cases. Making a concession on those grounds would be to drive a coach and horses though the principle that trials should be held before a jury. The problem that we are wrestling with is that the Bill will make progress: it will leave this House, and go before the House of Lords. Are we therefore in the business of trying to improve a bad Bill, or should we simply assert that it is bad and not try to improve it?
The choice is not an ideal one. The hon. and learned Member for Medway disagrees, but I have concluded that I am in the business of improving a bad Bill. However, I accept that it is perfectly respectable to argue that this is such a bad Bill that we should spit on it, throw it out and have no more to do with it. If we believe that, we might as well not debate the new clauses before us: we should just accept that the Bill is bad, go straight to Third Reading and find ourselves beaten in the vote at the end of that. That is not what I want to do.
I could go on at length, but I shall not do so. The condition in section 43(5) of the 2003 Act is a jolly bad one. We can improve it to make it slightly less objectionable, and I commend that approach to the House.
Fraud (Trials without a Jury) Bill
Proceeding contribution from
Viscount Hailsham
(Conservative)
in the House of Commons on Thursday, 25 January 2007.
It occurred during Debate on bills on Fraud (Trials without a Jury) Bill.
About this proceeding contribution
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455 c1585 Session
2006-07Chamber / Committee
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