Opinion and reporting by Mathew Carr

 

“But there is one provision in this bill, which I hope all members of your lordships’ house will unite in opposing.

That is the provision in Part Two of Schedule 3ZA, which would enable the Secretary of State to add, by order, by order, my lords, to the number of offenses which come within the scope of the clause, that is, the number of offenses in respect of which jury trial would be no longer available. As the government’s own explanatory notes put it, this would enable the secretary of state to add offenses which are not related to fraud or financial crime to the schedule. He could add any offense, any offense, my lord, by order to the schedule. My lords, this is monstrous.

Your lordships have long been accustomed to what have been termed, not always accurately Henry VIII clauses, my lords. This is not a Henry VIII clause. This is a Joseph Stalin clause. It is an absolute outrage, and it should not be allowed to remain in the bill, whatever the fate of some of the other provisions to which I’ve referred, my lord, there is much, my lords, there is much scope for your lordships to improve this bill.