Fraud (Trials without a Jury) Bill

I am delighted to hear the comments of my right hon. and learned Friend the Member for Sleaford and North Hykeham (Mr. Hogg). Like him, I face a dilemma. The Bill is a bad piece of legislation. I explained that on Second Reading and in Committee. On occasion I have made some attempts to see if there is any way forward to a compromise in respect of how the trial process takes place and whether it can be independent of the judge’s decision. I have not been successful. In this Bill it is particularly difficult. Any attempt, for example, to argue that we should have a special jury has been ruled out of order because on Second Reading we decided to dispense with juries. There is an all or nothing quality about the Bill. I agree with my right hon. and learned Friend that it is important, notwithstanding the distaste with which we view the legislation, to consider the situation if and when the Bill reaches the statute book and seek to mitigate as far as possible its worst effects. In Committee we discussed whether there should be an interest of justice test. Notwithstanding what I heard from the hon. and learned Member for Medway (Mr. Marshall-Andrews), I think that that takes the matter a little further in providing some guidance to the judiciary on how they should approach the matter—not just the question of burdensomeness or length, but also interest of justice—widening a little and, I hope, as a result restricting a little more the circumstances in which the court would grant trial by judge alone. I accept that there are difficulties and for that reason I am supportive of new clause 5. My name does not appear at the top of the list of promoters, although I rather thought that I drafted it. It may turn out that somebody else had the same idea.