I do not disagree, and that is why the Bill provides for circumstances in which that can happen. However, in a large number of cases, expertise can be provided without intervention and representation being needed. As an aside, organisations that oppose this measure and that frequently appear as interveners should make it clear in their lobbying that they stand to be affected by the changes that they oppose.
The leapfrogging provisions of judicial review are not controversial and are a good idea. Only last week, the Supreme Court exerted its authority. As confidence grows that it will be, as it should be, the final court in this jurisdiction and that that is where issues will ultimately be determined, why incur cost and delay calling in at the Court of Appeal if a matter will automatically be referred to the Supreme Court?
Is it really controversial to suggest that a case that offers the prospect of nothing more than a pyrrhic victory should not take up days of court time? I find the opposition to clause 50 surprising. It seems to come from the left, yet the argument that has been advanced recently in the High Court, especially in relation to
ballots by trade unions on industrial activity, is that if we have thousands of members and we only have the addresses wrong for half a dozen or so, why should we rerun the ballot when it will not affect the outcome? Is that not precisely the sort of point that should be dealt with at a preliminary hearing? If it is quite clear that there was no mischief in the error and that changing the error would not affect the outcome, is there any need for full judicial review proceedings? Something that is argued on behalf of the trade unions as perfectly sensible in the High Court seems, when it appears in a Government Bill, to be worthy only of criticism from the Opposition Benches.
For all the focus on judicial review, I agree with the hon. Member for Kingston upon Hull East (Karl Turner) and others that the clause on which people should reflect concerns the magistrates court, which deals with 95% of all criminal cases. Clause 50 creates a system for trial, not for guilty plea, so the idea of guilty plea by post is not what the clause is about. It creates a system for trial, the determination of proceedings that are not admitted. These proceedings could involve criminal damage, assault and public order. They are not matters that will attract sentences of custody, but they could have implications that affect people’s livelihoods. They could be determined behind closed doors, and in a process that involves nobody who has any legal qualification whatever. It could be a single lay magistrate in a private room with papers provided by a police officer. I hope the Government will reflect on that.
One solution is to have at least two if not three magistrates. Another is to say that if it is a single justice, they should be a district judge. The idea that a file can be submitted, that there is no intervention from a prosecutor and that a lay justice in private can decide whether someone has committed a criminal offence is quite a significant step. It may well be that some of these people have not bothered to reply or that some know they are guilty, but there is some significance to that step and it is something on which we should reflect.
The Bill also makes provision in relation to wasted cost. I will tease the Minister a little by reminding him that there is one party to criminal proceedings that often causes trials to be adjourned owing to lack of court time or lack of jurors, and there are no cost implications for them, and that is of course the Court Service.
It is impossible to speak in a debate on criminal justice and courts without making mention of the current problems over proposals regarding remuneration. My recollection is that it was the previous Labour Government who first saw industrial action by the Bar. It was in relation to remuneration for very high cost cases and proceeds of crime cases some six or seven years ago. My view now is the same as it was then. I know as well as anyone the talents and strengths of those who practise at the independent Bar, but there must be a balance between those who practise in the courts and those whom the courts are there to serve. Pursuit of remuneration should never tip the balance away from timely remedy for those seeking justice, whether it is because they are complainants or victims or because they are awaiting trial.
Finally, those who would never reverse these proposals if ever the opportunity arose should be slow in hinting that they might.
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