King’s Speech

Lord Sandhurst Excerpts

Wednesday 24th July 2024 Lords Chamber

[Lord Sandhurst (Con)]

My Lords, I am delighted to respond in this debate on His Majesty the King’s gracious Speech. In doing so, I declare my interest as chair of the executive committee of the Society of Conservative Lawyers.

It is a pleasure to welcome the new Government Front Bench. I have great respect for the noble Lord, Lord Ponsonby of Shulbrede, who has distinguished himself in his work in opposition. I welcome the noble Lords, Lord Timpson and Lord Hanson. I congratulate the noble Lord, Lord Timpson, on his excellent maiden speech and look forward to hearing from the noble Lord, Lord Hanson, shortly. Finally, but not least, I congratulate the noble Lord, Lord Goodman, whose maiden speech I particularly enjoyed; it was very moving. We will benefit from his arrival.

I commend the ambition of the crime and policing Bill, which continues the good work of the last Government’s Victims and Prisoners Act. However, my focus today is on what is not in the gracious Speech. To protect victims and run effective criminal courts, we need properly funded and competent prosecutors and defendants require competent defence lawyers. However, for serious sex offences, there is a real shortage of lawyers who are “ticketed”—in the jargon—to appear in such cases. Delays follow, justice suffers and victims suffer. Thus, Ciara Bergman, chief executive of Rape Crisis England & Wales, recently called for a government strategy to retain barristers in this field. A recent Criminal Bar Association survey of 780 criminal barristers found that almost two-thirds of prosecutors said they would not reapply to be ticketed on the rape and serious sexual offences list. These are skilled professionals who can sell their services in the market elsewhere. Government must act fast. Pious aspirations and new laws are not enough.

My noble and learned friend Lord Garnier has already addressed Mr Malkinson’s appalling case. That and the postmasters’ scandal have highlighted the need for top-quality prosecution and defence lawyers. Worse still, Mr Malkinson’s case was let down badly by the Criminal Cases Review Commission. That commission has been forced to apologise following Christopher Henley KC’s inquiry, which found grave shortcomings in its conduct. That body needs better resources and new leadership. I ask the Front Bench to please note that.

The sub-postmasters’ scandal would not have been uncovered but for the judgment in the civil action they brought. That action was possible only because it was backed by litigation funders. A Supreme Court decision last year, by a side wind, has thrown the market of funding into confusion. Before the Dissolution, there was a short Bill before Parliament to put that right. It was lost. There was no mention of it in the King’s Speech. What plans do the Government have? Where is the Bill, and why is it not mentioned? We need it now.

Next, on private prosecutions, we do not need to await the outcome of Sir Wyn Williams’s inquiry to know that there must be a major change in the way that these are conducted. The Post Office was a private prosecutor, and it highlights what can go wrong. It had a vested interest in the outcome; it should have been the CPS. What plans do the Government have to review the extent and use of such powers? We do not need to await the result of the inquiry—so action, please.

On SLAPPs, we have heard already that a Private Member’s Bill that was going through was lost. We have been assured that such a Bill is a work in progress, and I do not doubt Ministers’ good faith. However, they should note that there are plenty on all sides of the House who will make them subject to questions and pressure if such a Bill is not forthcoming soon.

Lastly, on coroners’ courts, we must do much more to achieve an efficient coronial system. In fact, we must do as the recent senior coroners have urged and put the coronial system on a proper national footing. It must be taken away from the ambit of local authorities; they do not have the resources. The Government must have plans for that, and I would like to hear what they are.