Courts and Tribunals Bill (Seventh sitting)

Joe Robertson Excerpts

Tuesday 21st April 2026 Public Bill Committees

[Paulette Hamilton (Birmingham Erdington) (Lab)]

It is a pleasure to serve under your chairship, Ms Jardine. I rise to speak to the new clause that is tabled in my name, which I do not intend to push to a vote. It would require the Lord Chancellor to conduct and lay before Parliament a review of the impact of clause 3 after 12 months, and again after no later than 36 months. At its heart, the new clause is both modest and reasonable. It does not seek to block the Government’s proposals outright, nor does it attempt to rewrite the substance of the Bill. It simply asks that we understand the impact of the changes we are making and that we are accountable for them.

As Members across the House know, clause 3 introduces significant changes to the operation of the courts, particularly through the insertion of the new provisions into the Senior Courts Act 1981. Those provisions mark a clear shift in how justice is delivered. When we make changes of this scale, we have a duty not only to legislate, but to reflect on their impact and remain accountable for the consequences.

The Law Society of England and Wales has raised concerns that reforms to court processes must be carefully monitored to ensure they do not inadvertently undermine access to justice, particularly for those who already face barriers in navigating the legal system. These concerns are drawn from the experience of legal practitioners working day to day in the courts, particularly in cases involving litigants in person who often are trying to navigate complex procedures without legal representation. It has also emphasised the importance of evaluating how such changes operate in practice, including their impact on vulnerable and disadvantaged groups and on the capacity of the courts to deliver justice effectively.

The society has made it clear that such changes can have unintended consequences that are often felt most by the people who already struggle to access justice. That goes directly to public confidence in the justice system. Surely, trust and perception in the justice system are just as important as the legal framework itself. Concerns have also been raised by the Family Services Foundation, which highlights how procedural changes can disproportionately affect vulnerable individuals and families already facing complex challenges. That reflects its work with the families involved in the court system, where even small procedural changes can have a significant impact on people who are already dealing with instability, stress or crisis situations.

New clause 29 would ensure that Parliament receives clear evidence-based assessments of how the provisions are working in practice. Crucially, it would require that the assessments consider the impact on two groups: people from ethnic minority backgrounds and white British individuals living in lower-income households. As highlighted in earlier stages of the scrutiny of the Bill, there is a lack of clear statutory review built into the provisions, in particular in clause 3.

Some may ask, why specify those groups? The answer is simple—because justice is not experienced equally by all. We know all too well through evidence, lived experience and countless testimonies that people from ethnic minority communities often have lower levels of trust in the criminal justice system. That shapes how justice is perceived and whether it is seen as legitimate. For ethnic minority communities, this is fundamentally about trust in the justice system and perception of fairness.

Equally, we must recognise that socioeconomic disadvantage can profoundly affect a person’s experience of the courts. White British individuals from lower-income households are also more likely to feel marginalised by systems that appear distant, complex or unresponsive to their circumstances. If this House is serious about fairness, we must be serious about understanding how reforms affect those who are most at risk of being left behind.

New clause 29 does not assume the outcome. It does not claim that the provisions of clause 3 will necessarily have a negative impact, but it does recognise that without proper review, we simply will not know. That in itself would be a failure of our responsibility as legislators. The timeline set out in the new clause—a review after 12 months and a further review no later than after 36 months—strikes a careful balance. The reviews allow for early identification of any emerging issues, while also ensuring that long-term effects are properly understood. Importantly, the reviews would be laid before Parliament, ensuring transparency and enabling this House to scrutinise the findings. If the changes are working well, a review would demonstrate that; if they are not, a review would give us the opportunity to put things right.

I urge Members across the House to support new clause 29, not as a challenge to the Bill, but as a practical step towards fairness, transparency and accountability in our justice system. This House should be confident in reforms, but it should also be confident in knowing when to pause, assess and reflect. That is all that the new clause asks for.

[Joe Robertson (Isle of Wight East) (Con)]

I wish to address a number of issues in relation to this grouping. First, I will say something about the figures that have been quoted at length today and in previous sittings. Secondly, I will say something about the reasons given by the Government for curtailing jury trials in this way. Then I want to go on to say something about evidence and procedure, and why jury trials exist at all, because sometimes it is possible to sit here listening, wondering whether the Government’s reasoning would not justify a banning of all jury trials for evermore on any crime. Finally, I will talk about some of the perversities that the hon. Member for Chichester has articulated well.

--- Later in debate ---

[Linsey Farnsworth]

No. I will make some progress; we need to make progress today.

The researchers found that more than 90% of respondents in the survey they conducted believed that discrimination on juries should be reported to trial judges and properly investigated, yet there is no mechanism under current law that allows juries to do so.

Appeal, a not-for-profit organisation, has submitted evidence opposing some elements of the Bill. However, in a paper that it prepared in 2024, Appeal set out concerns relating to majority decisions, as opposed to unanimous jury decisions, and the impact of racial bias. The case of R v. Connor et al was cited, in which questions from the jury suggested that there had been a focus on the defendant’s race and a letter from a juror after conviction confirmed racial bias in the jury’s deliberations.

Section 8 of the Contempt of Court Act 1981 provides for confidentiality in jury decision making. However section 8A, enacted in Scotland, permits the Lord Justice General to allow information about deliberations from the jury room to be disclosed for the purposes of research. That provides an opportunity for the same to follow in England and Wales. Recent statistics show an increase in hate crime, including crime based on race and religion, rates of which spiked after Brexit and, recently, following the Southport murders. Now more than ever, we must be conscious of the impact that discrimination could have on the fairness, or otherwise, of jury trial.

[Joe Robertson]

Will the hon. Member give way?

[Linsey Farnsworth]

I am about to conclude, so I will not.

I support new clause 29, tabled by my hon. Friend the Member for Birmingham Erdington, but I submit that the change and modernisation that the Bill seeks to introduce bring an opportunity to review all aspects of the criminal justice system in relation to ethnicity and socioeconomic background to ensure fairness for all.