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Proceeding contribution from Viscount Hailsham (Conservative) in the House of Commons on Thursday, 25 January 2007. It occurred during Debate on bill on Fraud (Trials without a Jury) Bill.


Fraud (Trials without a Jury) Bill

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.


Secondary information

Type
Proceeding contribution
Reference
455 c1585 
Session
2006-07
Chamber / Committee
House of Commons chamber
Subjects
Criminal proceedings Fraud Juries Jubilee line Judgements Prosecutions Trials
Legislation
Fraud (Trials without a Jury) Bill 2006-07
Link
View this Proceeding contribution on www.publications.parliament.uk