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Proceeding contribution from Simon Hughes (Liberal Democrat) in the House of Commons on Wednesday, 28 June 2006. It occurred during Ministerial statement on Jubilee Line Case Review.


Jubilee Line Case Review

I thank the Solicitor-General for his statement and his courtesies yesterday. I impute no criticism to him for the way that events have turned out. There was a robust set of questions and exchanges involving the Attorney-General yesterday in the House Lords, and I want to refer to some of them. I have a particular interest in this case as I am the MP for the constituency that was most affected by the Jubilee line extension. I join the hon. Member for Beaconsfield (Mr. Grieve) in congratulating Mr. Wooler and his team; they clearly did a good job, and it was right of the Attorney-General to commission that inspection by the new body set up just for that purpose. The 11 recommendations raise many issues, but I hope that the Solicitor-General will agree that there abide three central issues, and I should add that much of what I say will reflect concerns expressed by the hon. Member for Beaconsfield. There is the conspiracy to defraud issue; the issue that the failures were of the prosecution, not of the defence; and the issue that the principle of jury trial was not at fault. To paraphrase a much more famous selection from the three, the greatest of these principles is that the principle of jury trial was not at fault. The first and third issues relate to the fact that the Attorney-General and the Solicitor-General have, as it were, set themselves in opposition to the logic of the recommendations. I therefore join in encouraging Law Officers to retain their intention to get rid of the conspiracy to defraud charge at the earliest opportunity. More generally, when the Law Commission makes such recommendations, it should give both Houses the chance to debate them on the basis of a considered proposal put before us. Had it done so, we could have anticipated such issues and possibly prevented this serious and very expensive mistake. On the second issue, I wonder whether the Solicitor-General can give an answer that the Attorney-General was unable to give yesterday. The latter has accepted the proposed setting up of a fraud prosecution division, which, in effect, would reinstate under another name the arrangement that applied until a few years ago. How far has that proposal got? Has it been set up, and is it in place? If so, how many cases are now being looked after by these specialists within the London Crown Prosecution Service? It is clear that the Attorney-General has accepted that we need a structure that not only contains specialists, but has senior management control over all such cases. Thirdly, the Solicitor-General quoted the phrase used by the Attorney-General, who said that"““the case illustrates a good deal about the challenges of presenting long and complex cases in front of a jury.””—[Official Report, House of Lords, 27 June 2006; Vol. 683, c. 1099.]" Indeed it does, and the conclusion was that juries can cope. In the light of that, can the Solicitor-General confirm expressly that not until the Fraud Bill—this issue has been debated during consideration of that Bill—has been enacted and tested for some years, and not until the fraud review has had some years in which to be digested, will we have any suggestion from the Government that we need to look again at changes to the principle that juries deal with fraud cases? Having passed a significant Act through Parliament that deals with these issues, it would be nonsense then suddenly to say, ““We need to change the law.”” Finally, Recommendation 5 sets out some very practical suggestions on how jurors should be dealt with—more respectfully and carefully, and simply more considerately—particularly in longer cases. May I have an assurance that those lessons will be learned, and that judges and courts will in future make it clear that jurors—who clearly can do the job—are respected for the job that they are willing to do, want to do and can do competently? They must be treated as a very important part of our democratic and constitutional system—a system that we Liberal Democrats believe should be the principle for dealing with all serious cases in this country.


Secondary information

Type
Proceeding contribution
Reference
448 c269-71 
Session
2005-06
Chamber / Committee
House of Commons chamber
Subjects
Construction Crown Prosecution Service Fraud Juries Greater London Jubilee line Prosecutions Management Trials Underground railways Reviews HM Crown Prosecution Service Inspectorate
Link
View this Proceeding contribution on www.publications.parliament.uk