Fraud (Trials without a Jury) Bill

My Lords, the SFO deals with something like 90 cases each year. I have indicated that the best estimate of the number of cases that will be tried without a jury is something like six. Those will probably be predominantly SFO cases, so it will be whatever percentage six out of 90 or 100 is: 6 or7 per cent. I am always greatly assisted by the Benches behind me—in arithmetic and, I hope in other matters as well. In accordance with the guarantee of further discussion, we made several attempts to seek a way forward in 2005-06. There was a seminar attended by members of the Opposition, including the noble Lord, Lord Kingsland, members of the senior judiciary and representatives of prosecuting authorities and the professional organisations. Although no clear agreement emerged, there was unanimous agreement on the need to change the way serious and complex fraud cases are heard. We then sought an affirmative resolution, which was passed in the other place. It became apparent, however, that it would not be passed in this House. At that point we again sought consensus, by opening further discussions with the Opposition on the basis that the Fraud Bill, which was then before Parliament, could be used to make modifications to Section 43 that might be acceptable to all sides. Again, no agreement was forthcoming. The Government have always signalled their intention to give effect to the provisions of Section 43. The inclusion of the requirement for an affirmative resolution was never intended to constitute a permanent obstacle to the introduction of juryless trials; if so, there would have been no point in enacting the provisions. The failure to reach consensus on a way forward left the Government in the unfortunate position of having to introduce fresh legislation to give effect to the provisions of Section 43. We remain resolute in our belief that Section 43 is necessary. We hope that the House, having considered our arguments, will conclude that it would be inappropriate not to allow this to occur. The noble Lord, Lord Kingsland, has tabled an amendment that, if passed, would result in this Bill being rejected now. I need not remind noble Lords how unusual it is for that step to be taken on Second Reading in this House. It would not, however, be inappropriate to remind the House that when the order for commencing Section 43 was passed in another place, noble Lords opposite intended to block it in this House until the matter had been considered in primary legislation. The approval Motion in this House had to be withdrawn. The clear implication was that noble Lords opposite wished to engage in debate in the context of primary legislation. When negotiations that were carried out during the parliamentary process before the Bill came to nothing, I announced that we would not bring back another order but would introduce primary legislation. This Bill is the result: it gives further opportunity for the debate that noble Lords opposite made clear they wanted to engage in. At least, that is what we understood. It is surprising, then, that having tabled amendments in another place, the opposition parties do not wish to pursue them further. We said in our manifesto that we would overhaul laws on fraud and the way that fraud trials are conducted to update them for the 21st century and make them quicker and more effective. We have listened to the views of this House on more than one occasion. We have debated, consulted and twice taken back this issue for further discussion and to consider amendments. We have held many meetings with Opposition Members to see if there is a way forward. The Government, having listened and made those attempts, are committed to this Bill. It will be no surprise to anybody, therefore, for me to make plain that this Bill, if rejected today, will be reintroduced next Session, with a view to using the Parliament Acts. If, therefore, the Bill is rejected today, as my noble friend Lord Clinton-Davis in his question made clear, your Lordships will be deprived of any opportunity to modify the contents of the Bill. I cannot guarantee, of course, that any particular amendments that your Lordships might want to make to the Bill would ultimately be accepted. However, I can guaranteethat if this House summarily rejects the Bill the opportunity for such amendment disappears and the Bill that will be brought back in the next Session will be the Bill in its present form. I commend the Bill to the House. Moved, That the Bill be now read a second time.—(Lord Goldsmith.)