Clauses 41 And 42 Of The Criminal Justice Bill

EDM number 626 in 2003-04, proposed by Andy King on 12/02/2004.

That this House notes the House of Lords' consideration of the Criminal Justice Bill; further notes that this House confirmed inclusion of Clauses 41 and 42 on defendants' rights in jury trials and handling of serious and complex cases with majorities of 72 and 82 respectively at Report stage on 19th May 2003; that on 15th July the Lords rejected these Clauses; that on 18th November this House restored both clauses with increasing majorities of 106 and 105 respectively; that on 19th November the Lords rejected Clauses 41 and 42 for the second time; that on 19th November this House restored both clauses with increased majorities of 112 and 116 respectively; that on 20th November the Lords rejected Clauses 41 and 42 for the third time, whereupon the Government, against a prorogation deadline, reluctantly conceded by withdrawing Clause 41 and emasculating Clause 42 under a twin lock statutory instrument; further notes that this was welcomed by the Lords immediately as a victory; that the Official Opposition in the Lords pronounced Government Clause 42 proposals on jury trial as effectively dead; condemns unreservedly those peers who pay lip service to the primacy of this House; believes the issue to be considered in this case is not the merit of the clauses, on which honourable Members are entitled to have differing views, but the abuse of the constitutional relationship between Lords and Commons; and questions the commitment to democracy of those Liberal, Tory and other unelected peers who reject the primacy of the elected Commons.

This motion has been signed by a total of 3 MPs.