Trial by Jury: Proposed Restrictions

Debate between Lord Thomas of Gresford and Lord Ponsonby of Shulbrede

Monday 14th July 2025 Lords Chamber

[The Parliamentary Under-Secretary of State, Ministry of Justice (Lord Ponsonby of Shulbrede) (Lab)]

My Lords, the Government already have more sitting days than any previous Government. The central observation of both Sir Brian Leveson’s review and the earlier view of David Gauke is that one cannot sit oneself out of this crisis or build oneself out of it by building more prison places. There needs to be a systemic review encompassing both Sir Brian’s recommendations and the Gauke recommendations to stop the ever-increasing amount of people being sent to our prisons. It is that in that spirit that we will review Sir Brian’s recommendations. We will publish our review some time in the autumn, with a view to legislating on the matter in due course later this year.

[Lord Thomas of Gresford (LD)]

My Lords, we are not short of jurors; the whole adult population can serve in a jury. We are short of judges, of prosecuting and defence barristers and of courts that are fit for purpose. Leveson suggests that his new bench courts would give rise to a mere 20% savings in time, and he admits there is no evidential basis for what is simply a guess. If the Government are minded to accept that recommendation, will they introduce pilots to test his hypothesis? What are they doing to address the delays for victims, and for defendants on remand in prison, that are staring them in the face now?

[Lord Ponsonby of Shulbrede (Lab)]

I thank the noble Lord for those questions. He is absolutely right that we are not short of jurors. We are also not short of magistrates and there is no shortage of applicants to become magistrates. Sir Brian’s suite of recommendations included increasing the role of the magistrates’ court, as well as introducing the new bench division within the Crown Court, to which the noble Lord alluded. He said that Sir Brian said there will be a 20% saving in time with the new bench division. That is his estimate. I have to say, I think that is very conservative. We already know that for similar cases magistrates’ courts are two or three times quicker than Crown Courts, so I think it is conservative to estimate that we will see only a 20% saving in time with the new bench division courts.

The noble Lord made the point about delays for victims. Of course, that underpins the concern and the reason we are introducing these systemic changes in the first place. It is my understanding that there are about 100 cases in London booked for 2029. I think they may be mainly sex-related cases; I am not sure. That is unacceptable. It is unacceptable for the victims and the defendants, and it is a systemic problem we are trying to address.

Strategic Lawsuits Against Public Participation

Debate between Lord Thomas of Gresford and Lord Ponsonby of Shulbrede

Thursday 6th March 2025 Lords Chamber

[Lord Ponsonby of Shulbrede (Lab)]

My Lords, the statutory definition of an economic crime SLAPP was within the previous Act, and the Civil Procedure Rule Committee has introduced rules. My honourable friend Minister Sackman signed the rules to come into law in January this year, and those measures will be implemented later this spring. The Government want to see how those measures will work before deciding on more legislation.

[Lord Thomas of Gresford (LD)]

My Lords, in 2023 the Conservative Government formed a task force to deal with SLAPPs under the direction of DCMS, with a wide representation of government officials, solicitors, barristers and journalists, and with terms of reference requiring bi-monthly meetings. Four reports were produced, the last in March 2024; there has been nothing since. Have the current Government abolished the task force? If not, what is it doing, and how and when will we hear from it?

[Lord Ponsonby of Shulbrede (Lab)]

I do not know the answer to the noble Lord’s question, so I will write to him.

Commission on Justice in Wales

Debate between Lord Thomas of Gresford and Lord Ponsonby of Shulbrede

Monday 7th October 2024 Lords Chamber

[Lord Ponsonby of Shulbrede (Lab)]

The Welsh Government highlighted, in their May 2022 report Delivering Justice for Wales, the progress that they had made in implementing the Thomas commission recommendations that fall to them. They also commented that implementing the recommendation was delayed partly because of Covid-19. The commitment to pursue the case for devolution of justice and policing was included in the Welsh Government’s programme for government for 2021-26. However, as I made clear in the original Answer to the noble Baroness, the UK Government are not pursuing that option of complete devolution. We want to work in a constructive way on the initiatives that I have outlined to try to make the best possible benefit for the people of Wales.

[Lord Thomas of Gresford (LD)]

My Lords, why would it not be sensible and cost-effective at least to have a Welsh division of the High Court of Justice sitting permanently in Wales to monitor and construe the legislation of the Welsh Senedd and the administrative acts of the Welsh Executive, with increasing expertise from both lawyers and judges in Wales?

[Lord Ponsonby of Shulbrede (Lab)]

A lot of matters that are the responsibility of the Welsh Senedd are also cross-border issues. We are talking about police, courts and the way the court system behaves; probation is another example. My understanding is that this matter has been considered and keeping the arrangements as they currently are is seen to be beneficial for both England and Wales.

Strategic Lawsuits Against Public Participation

Debate between Lord Thomas of Gresford and Lord Ponsonby of Shulbrede

Wednesday 24th July 2024 Lords Chamber

[Lord Ponsonby of Shulbrede (Lab)]

I agree with the first point that the noble Baroness made. It is not just about economic crime, and that is one of the reasons why we want to have a wider review of potential SLAPPs legislation coming forward. I am not in a position to make the commitment that the noble Baroness has asked for around when any legislation might come forward, but I reassure her that we are taking this matter very seriously. On the Private Member’s Bill that fell at Dissolution, we support the principle behind it. However, we believe that there are outstanding questions that need to be properly balanced. That is to prevent the abuse of the process of SLAPPs, about which the noble Baroness spoke, but we also need to protect access to justice for legitimate claims. It is that balance that needs to be fully worked through. There were live discussions with important stakeholders—for example, the Law Society—at the time of the previous Private Member’s Bill. We have every intention of continuing those discussions as we review any potential legislation.

[Lord Thomas of Gresford (LD)]

The Private Member’s Bill that I produced on the abusive SLAPPs civil litigation, which was given its First Reading in the last Session of the last Parliament, was based on the Ontario model, which was approved in the Supreme Court of Canada as recently as last year and provides a way forward. It was also well received, as I recall, by the Ministry of Justice. Will the Minister take that into account?

[Lord Ponsonby of Shulbrede (Lab)]

My Lords, there are various attempts at dealing with SLAPPs in different legislatures across the world. The Government are currently working with the Council of Europe, with its 46 member states, to try to get a more comprehensive approach. The noble Lord’s experience in Ontario, which he referred to, will be taken into account.