Jury Trials
Alicia Kearns Excerpts(4 days, 12 hours ago)
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Alicia Kearns (Rutland and Stamford) (Con)
Jury trials were introduced to bring order and justice to a legal system beset by opportunism, superstition, bias and archaic practices. For eight centuries, they have been the bedrock of English and British liberty, recognised globally as a bulwark against tyranny and oppression. Yet without any modelling, impact assessment or equalities assessment, and not in line with the review done by Sir Brian Leveson, the Government plan to scrap this ancient protection.
Alicia Kearns
I have yet to make an argument, but I will shortly.
Who in this place can honestly say that if they were facing incarceration, they would be happy with just one judge and no jury making that decision? Think of the victims who face unconscious bias daily, and who will not get justice if just one person decides that question.
Most sinister of all has been the debate in the Chamber this afternoon. Labour MPs have argued that juries—ordinary people—cannot be trusted and are not up to the job. They have said that it is too complex and too detailed. What next? Will Labour strip their right to vote as well? It is deeply concerning. The Minister has said that this change is not the result of some crisis that Labour MPs want to blame on the Conservatives, and that the Government would be making it anyway. It is ideological. Every time Labour has come into government it has tried to strip jury trials—under Blair when I was a child, and yet again now.
Both the Prime Minister and the Justice Secretary have previously recognised the importance of jury trials; in fact, they opposed their abolition publicly. How will they justify their change of mind? Perhaps when the Justice Secretary is returned to Parliament after the next election, as he almost certainly will be, he will bring in trial by combat. Almost 40 of the Government’s MPs have opposed this change, and they are absolutely right to do so, because there are other options, including using unused sitting days and Sir Brian Leveson’s proposal to have one judge sitting with two magistrates; there would then be an element of a layperson having a say.
Clearly, the Prime Minister can admit it when he gets something wrong and can change course, as we saw—albeit far too late—with the family farm tax, welfare and grooming gangs. Do not leave it too late this time. The Labour manifesto made no mention of curtailing our right to jury trial. This is not a minor shift in policy; it is a worrying trend fundamental to the relationship between the individual and the state. We see this trend in the proposal for digital ID and the stripping of fundamental freedoms. Jury trials recognise the gravity of removing someone’s right to liberty.
Alicia Kearns
If the hon. Lady had listened carefully, she would have heard that I did not say that jury trial was an inalienable right. The law says that one has a right to a fair trial. However, we have established historically that jury trials mean that we do not see unconscious bias. There have been archaic and appalling cases that have shown that one individual making a decision about others is often not fair, transparent or right. As we heard from Sir David Davis, there is a greater number of retrials when an individual made the decision in a trial than when a jury made the decision.
Madam Deputy Speaker (Ms Nusrat Ghani)
Order. Just to make sure that the hon. Member does not make a further mistake, I remind her not to mention colleagues by their first name.
Alicia Kearns
My sincerest apologies, Madam Deputy Speaker. A year of maternity leave does leave one with a few cobwebs.
The British people are very clear that they do not want this fundamental change.
Ayoub Khan
The hon. Member makes a persuasive point about modelling and impact assessments. Having practised at the criminal Bar for the last two decades, I can tell the House that there will still be opening speeches by defence counsel and prosecution counsel, and there will still be cross-examination of witnesses. Most importantly, there is the questioning of the defendant. Judges understand the procedure, but defendants must also understand the procedure and closing speeches. I cannot see where there will be savings. That is why the modelling is so important. Does the hon. Member agree?
Alicia Kearns
I am afraid that we hear again the continual argument that the average layperson cannot understand justice. If a defence lawyer or prosecution lawyer cannot make the argument make sense to the average person, they have no job representing an individual at court. It is their duty to make law transparent and understandable to every individual.
We hear this argument that court cases have become more detailed, but we should be pleased that there are more detailed and complex arguments being made in our courts. It is a sign of a court system that is working, and that does not rely on basics or tropes to get justice, yet the Labour party sees it as the opposite.
This is, unfortunately, yet another disappointing and deeply sinister step toward the Government fundamentally changing our relationship with the Crown and the state. I urge the Government to listen to the legal industry, and to listen to and trust the British people.
Terminally Ill Adults (End of Life) Bill
Alicia Kearns ExcerptsFriday 29th November 2024
(1 year, 1 month ago)
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Kim Leadbeater
The hon. Gentleman has made the point for me: within a robust system, we will check for coercion, but we do not have any of that now. At the moment, the person will be definitely be dead. We have to look at the status quo. Putting in layers of safeguarding and checking for coercion must be better than the system that we have now.
Alicia Kearns (Rutland and Stamford) (Con)
Colleagues are right to raise questions around coercion. I hosted a phone-in on LBC where people rang in and said, “I feel like I have to end my life because I recognise how difficult it is for my family to see me suffering.” The limit in the Bill, however, is that someone must have only six months to live according to two doctors and a judge, which I genuinely believe massively reduces the risk of coercion. Are we really saying that people are so desperate to bump off their families that if they were told that they had six months to live, they would escalate the process and do it sooner?
Kim Leadbeater
The hon. Lady makes an excellent point—she is absolutely right. The very strict criteria in the Bill add extra layers of safeguarding, which, again, we just do not have at the moment.
Alicia Kearns (Rutland and Stamford) (Con)
To discuss matters of life and death is to recognise the gravity of one’s role as a Member of Parliament. The Bill before us seeks to shorten the suffering of the terminally ill—those with just six months to live—and no one else. For too many, death is not a singular moment but an excruciating journey of terror and agony as your body turns on you.
Arguments that we must wait for palliative care to improve in our country are a logical fallacy. The Bill does not prevent us from improving our palliative care system, contrary to what has been said today in the Chamber. In evidence to the Health and Social Care Committee, Hospice UK said that:
“it would be totally inappropriate for us to suggest or even imply that hospice and palliative care services can somehow address…pain in all circumstances.”
Imagine you have cancer that day by day is breaking every individual vertebra in your body, one by one, and there is nothing that can take away the pain—that is how my mother lost her life. Her last words were, “I cannot go on like this,” and, thankfully for her, there were only a few more days of pain; however, for others, there will be months more. Before they get to that six-month period, people will have suffered years of excruciating agony that palliative care cannot resolve. Yes, we must improve palliative care, and I will fight for that.
Arguments that this legislation would be the beginning of a slippery slope are not reflected by the majority of legislators, such as Australia and across multiple states in the USA, where such policies have not been expanded. Again, the Health and Social Care Committee has told us that where terminal illness was the basis—not suffering—as for this Bill, the law has not changed.
As a Conservative, freedom, choice and personal responsibility shape my decision making—until those freedoms cause harm to others. I do not see the role of legislation as imposing moral convictions. It is our job to protect choice. I say to those whose religious beliefs drive their arguments today that I will always defend their right to practise their faith and protect their own life choices. However, supporting the choice of others does not diminish the principle of compassion; it recognises respect for individual autonomy. To deny choice to others—especially those with only six months to live, where their personal choice does others no harm—is wrong.
To those concerned about the state mandating powers to decide who can and cannot live, I say that judges already exercise this power. They end lives in far more complicated cases, such as those of children on life support.
On arguments around procedure, we all have to be honest with ourselves: this Bill has been read far more vociferously than most Bills that go through this House. Most Bills over the past 20 years have come to Parliament with far fewer than 14 days to consider them: for the Police, Crime, Sentencing and Courts Bill, we had six days to consider 59 pages; for the Illegal Migration Bill, we had six days to consider far more. We have had sight of this Bill for longer than many others. The idea that a private Member’s Bill is not appropriate is also wrong. Social reform comes through private Members’ Bills: the abolition of the death penalty, the legalisation of abortion and the decriminalisation of homosexuality—all things I hope this House would unite on.
This is the start of the process of debate, and it would be a tragedy if the Bill were defeated today. Members should trust me when I say that I learned early in my career that when we hear promises that things will come later, that is a promise that no action will come at all. The High Court made it clear to my constituent Phil Newby, who has motor neurone disease, that we must make this decision. To those considering abstaining because this is so difficult—and I recognise that it is difficult—I say that we must not shy away from it. I ask colleagues to vote for the Bill in order to allow a long legislative process to proceed and, together, to commit to shortening the suffering of those who are terminally ill in our society, because they deserve that choice.
Oral Answers to Questions
Alicia Kearns Excerpts(1 year, 4 months ago)
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Heidi Alexander
I am very pleased to be responding to a fellow Swindon Member, and I am grateful to my hon. Friend for giving me the chance to mention our home town during my first ministerial outing. I should add that I am also grateful to local judiciary court staff and justice stakeholders for their work in maintaining justice during that incident in Swindon. As the Lord Chancellor said earlier, ensuring that buildings are maintained effectively is critical to the delivery of justice.
Alicia Kearns (Rutland and Stamford) (Con)
My constituent was brave enough to report her husband for the abuse that he put her through. He has just been released from prison on two conditions: he would be tagged and he was not allowed to go into her village. He has not been tagged because the Probation Service says that it does not have enough tags and there is a technical fault, and he entered her village on his first day out of prison, staying overnight. He was on her street, and his family knocked on her door. Will the Secretary of State please respond to my letter about my constituent, who feels extremely vulnerable? Will she also confirm that there are enough tags, and that in cases such as this there will be not just a verbal warning—which is all that her husband received for his actions—but remedial repercussions?
Shabana Mahmood
I am not aware of the correspondence to which the hon. Lady has referred, but I will chase it up and ensure that she receives a comprehensive response.