Siân Berry
MP for Brighton Pavilion · Green Party · United Kingdom
“The Bill will address section 37 of the Freedom of Information Act 2000, which gives a more or less blanket exemption to communications between relevant authorities and members of the broader royal family, not just the King.”
“Countless other questions along those lines should have been answered long ago. Andrew Lownie, who wrote the biography of Andrew Mountbatten-Windsor, has seen the exemption at work time and again.”
“Instead, the Bill I present today will go some way to adding a brick of transparency to the wall of secrecy and privilege that surrounds our own monarchy nearly 250 years later.”
“The fifth Nolan principle is openness. It says: “Information should not be withheld from the public unless there are clear and lawful reasons for doing so.” Clearly, the Freedom of Information Act 2000 was created in that spirit.”
“The Act is very comprehensive, because we rightly expect transparency from the whole range of public bodies that owe us the Nolan duty of openness in exchange for our funding, patronage and respect—and we should of the royal family too.”
“No one has damaged the reputation of the monarchy in this country and abroad more than Andrew Mountbatten-Windsor, who was able to carry on his nefarious activities in the comfort of knowing that he was protected by this shroud of secrecy.”
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“The Minister and I have both talked about making choices. The brass tacks are that the Minister has chosen to make huge changes to our court processes, but not to introduce this change in the Bill. There is still the chance to introduce measures into the Bill on Report and make different choices. Will she consider that?”
“I do not know how the least advantaged defendants will be able to do anything to use the application to the High Court for judicial review, which seems to be the only remedy that the Minister has put forward to us today. I do not know how many miscarriages of justice are acceptable to the Minister, but I believe that these measures must not form part of the Bill, because of the impact that they will have on the right to justice for too many people.”
“Fiona Rutherford of JUSTICE told us: “Without a lawyer being present, and of course without there even being the right to appeal directly, you are leaving a whole load of defendants, who may well be wrongly convicted or may get the wrong sentence for the crime they have committed, floundering…I simply don’t know who will inform these people about how they will put grounds of appeal together, what grounds of appeal even are, how you formulate those, what key points you need to make in them to persuade a Crown court judge sitting alone in a room with just some evidence papers and how to put your best case forward.” –– [ Official Report, Courts and Tribunals Public Bill Committee, 25 March 2026; c. 86, Q184.] These are serious matters of injustice.”
“She said: “Its independent analysis was that the removal of the automatic right to appeal will increase the workload of the magistrates court and the Crown court.” –– [ Official Report, Courts and Tribunals Public Bill Committee, 25 March 2026; c. 83, Q174.] In our oral evidence sessions, we heard clear views about the lack of legal aid in magistrates courts for people without representation to meet fairly the test set for appeals.”
“This is counterproductive for the overall courts workload, too. As others have pointed out, the clause will introduce a multi-step process. We heard in oral evidence from Emma Torr of Appeal that the “multi-step process…will only increase the workload of both the magistrates and Crown courts. To give a very brief outline of how it works at the moment, the defendant or the solicitor can fill out a very simple form, which results in a quick rehearing at the Crown court. It takes a couple of hours at most and even less for sentence appeals.” She also pointed out that the Law Commission had carefully considered the matter last year in a consultation paper that ran to 700 pages.”
“I am happy to have you back in the Chair today, Dr Huq. I wish to oppose the clause and the schedule. I am grateful to the hon. Member for Bolton South and Walkden for pointing out so clearly that the restrictions on appeals will push down hardest on the least advantaged people and will compound injustices in wider society, as well as the injustices put in place by other clauses. I will not reiterate in detail the evidence we heard, or the speeches I made previously, about the risks of more errors due to the speedier but rougher and readier justice of the magistrates courts being applied to more cases, or the risks arising from higher sentences. However, clause 7 adds yet more risk to the potential harm from reducing the right to select a jury trial in clause 1 and the restrictions put in place by other clauses.”
“I will speak briefly in support of the amendment, to which I have put my name. Later, I hope to speak about the real difference between viewing evidence—seeing it given in real life, or going into the room where evidence is given—and being able to review it more dispassionately later in writing. Given that we are now producing transcripts, the amendment would be an important measure to provide them free to victims who may want to see what has been said in court, without having to attend court and see it in a more triggering, more visceral way, and without facing a financial penalty. It is important that the amendment is agreed to, along with everything else, to allow for a more compassionate way to treat victims.”
“Although I understand that there is no legal obligation for the videos to be rewatched, I know that it is happening even when concerns have been expressed. I want to make sure that it is clearer in the law or relevant guidance that no witness or victim is obliged, against their will, to relive the crimes committed against them. As I said, the new clause is probing. I am grateful that the Minister has looked into the issue, and has today committed to updating the guidance. I have corresponded with her departmental colleagues who are leading a review of the victims code, passing to them more details than I can mention here on that particular case and some ideas for how relevant guidance around special measures could be amended, as that could take the place of changes in primary legislation.”
“Although I can see why it may be necessary to cross-examine a witness on what happened, based either on their memory or facts stated in the evidence, I feel strongly that putting them through the additional trauma of rewatching it themselves is not necessary and should certainly not be routine, and that that should be in the law or guidance. My new clause would amend sections 27 and 28 of the Youth Justice and Criminal Evidence Act 1999, which are intended to relate to special measures and directions. It would ask that witnesses not be obliged to watch video recordings of their earlier evidence, and would allow transcripts, as a potentially less traumatic alternative, to be submitted for cross-examination. It would also ask for notice of questions for cross-examination to be provided in good time.”
“However, during the court case some years later, they were made to rewatch the video. By hearing their younger self talk about the abuse, they were, essentially, properly traumatised for the first time, as they for the first time properly understood, with a real, more mature understanding, what had happened to them in detail. That case made me realise that the process of being cross-examined and watching back original, video-based evidence in chief, even just while the prosecution team refreshes their memory of their evidence, can do victims real harm.”
“It is great to see you back in the Chair to help us to make our way through the Bill, Ms Jardine. New clause 28 is a probing amendment, and I shall not press it to a Division when the time comes. To give the context for why I have tabled the new clause, I will lay out the experience faced by a young child—I cannot give many details of the case, as the Committee will appreciate. This young child was below school age when they became the victim of and witness to abuse. They gave clear evidence on video at the time that it had happened, and while the case was investigated and awaiting trial in court, they continued with their childhood. Their mother helped them to move on from the abuse, and she says that the memory of what happened not being constantly brought back was a key part of their recovery.”
“I also support the amendments in the name of the hon. Member for Chichester, which will help to tackle training gaps and which also reflect experiences that I can recall from casework. They are based on high-quality work and requests from organisations that work directly with victims and survivors, who have asked for these changes. I hope that the Minister will look at making changes that further strengthen the Bill in this way.”
“I am very pleased that we are discussing this now before the end of the Session. My constituent said: “I have personal experience of the impact the current legal framework can have. I am unable to provide specific information as a very close family member is still going through Family Court hearings to protect a child in a case of domestic abuse. However, as recently as January this year”— this was in 2025— “the aforementioned person was advised by two independent firms of solicitors to avoid the Family Court at all costs, due to the ‘presumption of involvement’, allied with the inconsistent and regionally patchy training and understanding by Family Court judges in domestic abuse (in spite of changes to the Domestic Abuse Act in 2021), referring to potential outcomes in Child Arrangements as ‘a lottery’.” I really do support this clause.”
“I support this clause quite strongly. We heard powerfully from Claire Throssell in oral evidence how important its impact could be. Most Members will have experiences like mine through casework of cases where this clause could help. I have heard from parents and family members so distressed at how their cases have been determined, despite clear evidence, where this presumption was obviously given far too much weight in decisions. These words in legislation, which were added and have had an influence on decisions, need to go. I want to read parts of correspondence I received after the announcement in October 2025 that this measure was going to be changed. My constituent described it as an enormous relief. They were very impatient to know exactly when this was going to come forward.”
“The Minister has already said “particularly complex or lengthy”, and just then she said “complex and lengthy”. Having rejected an amendment that would have set a limit of five months, will she think again about defining both complex and lengthy more rigorously in the Bill? The explanatory notes say “complex and lengthy”, but we do not have a definition of complex or a length limit. I think we need to hear more about that from her.”
“We heard from Fiona Rutherford of JUSTICE that without this representation there could be additional risks to victims. The Minister needs to admit that this part of the Bill goes too far. On top of the other things she is doing, she is adding more consequence, not just more volume, to the risk equation. That is a poor step to take. Clause 6 should not stand part, and I support all the amendments.”
“You often find in the lower court, the magistrates court, that advocates are more inexperienced and tend to be at the start of their career.” –– [ Official Report, Courts and Tribunals Public Bill Committee, 25 March 2026; c. 86-87, Q185.] This point was also emphasised by Fiona Rutherford, the chief executive of JUSTICE, who said: “There is a question mark about the accuracy of the way in which magistrates are making decisions.” –– [ Official Report, Courts and Tribunals Public Bill Committee, 25 March 2026; c. 82, Q174.] These are the risks we are talking about compared with having a judge and jury. Risks also come from the surrounding bureaucratic situation, which could lead to more defendants being unrepresented. When the shift is made, we will be leaving them without legal aid, because of the changes in the income requirements.”
“They increase the risks to justice. In oral evidence, we heard from Claire Davies, the leader of the south eastern circuit, who said of magistrates courts: “There are errors and mistakes made, but if the length of sentence is extended, it will potentially increase that risk.” –– [ Official Report, Courts and Tribunals Public Bill Committee, 25 March 2026; c. 51, Q99.] We also heard from Emma Torr, from APPEAL, who described “swift and speedy justice in the magistrates court. It is often rough and ready; we are talking about cases being tried by lay justices, some of whom may be experienced but some may not be, and we are also talking about less experienced judges.”
“He also stated: “My strong recommendation is that the maximum should remain at 12 months.” That followed, in paragraph 70, another important caveat that the Government seem to have overlooked: “While removing the right to elect for certain offences may streamline the judicial process and alleviate the burden on the higher courts, it raises concerns about balancing the right of the defendant with the broader interests of justice.” We have to admit that the Government are taking a risk with the moves they are making. The magnitude and volume of that risk increase with the number of extra cases that are pushed to the magistrates courts through other provisions in the Bill, while the consequences of that risk increase with the higher sentences made possible under clause 6. This is not a step we should take alongside those other steps.”
“I will speak as quickly as I can. I support the amendments tabled in this group by the Liberal Democrats, which would limit any increase in the sentencing powers of magistrates beyond 12 months; amendment 34, which was moved by the hon. Member for Bolton South and Walkden; and the Liberal Democrat and Conservative amendments that would ensure that, if that limit is not accepted, any further changes are made by the affirmative resolution procedure. I am sure we will all remind the Minister that Sir Brian Leveson specifically made his reforms to jury trials contingent on not increasing the sentencing powers of magistrates. He stated that specifically in paragraph 71 of his report.”
“It is very good to see you in the Chair this evening, Ms Jardine; thank you for looking after us. I will speak very briefly in support of the amendment, to which I have added my name. I have spoken already about the many risks piling up with the Bill, and this amendment is one essential mitigation for some of those risks. If the Government press ahead, they cannot ignore it.”
“I spoke of the case of Trudi Warner, who tested the principle through her desire to make sure that the information about jury equity was seen by people taking part in a protest. She did that not just in case they spotted the plaque in the Old Bailey, but through the demonstration that she passively took part in.”
“I also asked whether the Minister could tell us whether we can honestly expect a judge triaging a case under the provisions in the Bill ever to allow a jury trial on the grounds on which some people currently choose one, which is to allow for the possibility of jury equity to achieve real and proportionate justice, rather than the criteria in clause 3. This issue is complicated, and trying to fix it in the context of a Bill that includes clause 1, which abolishes the defendant’s right to choose, is tricky, which is why I spoke so strongly against it. The principle and the right of juries in respect of jury equity comes out of common law. I mentioned the 1670 case, and the High Court has commented that it has been a well-established principle in common law ever since then. As it is not in statute it is, by tradition, relatively unspoken.”
“It is great to have you in the Chair, Dr Huq. I am looking forward to today’s debates. I have not tabled any amendments to clause 3, but I want to talk about some necessary changes to the clause that fit in with this group of amendments. I hope the Committee will have patience with me. I want to raise again the principle of jury equity, which the Government are effectively abolishing by abolishing the right to elect a jury trial completely. I previously asked whether the Minister had considered the Bill’s impact on jury equity when drafting it, but she did not answer.”
“I appreciate the Minister’s comments, but will she clarify what she meant by a particular category of offence? I could not have been clearer in my speech that I did not want to make an exception for protesters. I spoke specifically about people being prosecuted in cases where it was the powerful versus the underdog. Will she clarify what it is she is rejecting?”
“The recent case that has been in the news surrounding a retrial was related to a break-in at Elbit Systems in August 2024. The November 2022 jury acquittal that I referred to was about protesters who threw red paint symbolising blood at the London headquarters of Elbit Systems in October 2020. In that case, none of the offences was indictable-only; they were all related to criminal damage. I just wanted to put that on the record, and I hope that the Minister will accept that correction to her comments.”
“On a point of order, Dr Huq. I alerted the Minister earlier to the fact that I was going to say this. I want to ask what can be done to correct the record in respect of the Minister’s comments about a case that I referred to in my speeches on Tuesday and that Tim Crosland referred to during evidence. On Tuesday, the Minister said that “some of the cases he mentioned, including the Elbit Systems trial, which the hon. Lady mentioned, contained an indictable-only charge, meaning that the case would receive a jury trial, as that one did in fact.” –– [ Official Report, Courts and Tribunals Public Bill Committee, 14 April 2026; c. 140.] I am afraid that the Minister was referring to a different case from the one I was referring to.”
“I have to add my voice to the point that this is an unsatisfactory situation. We have heard time and again from the Minister that the decision about allocation will be made based only on the length of sentence, but in proposed new section 74C(7)(a) to (g) on reallocation—(g) allows for any other matters—there are many points that are quite subjective where decisions could be made on reallocation, and that could have a similar impact on someone’s life. I do not think we have all the answers we need about how this will work.”
“Last month, a national newspaper intruded on the privacy of one of the families bereaved by the meningitis outbreak, publishing information that the family had asked to be kept private. In opposition, Labour promised independent regulation of the press to curb this awful behaviour, so when exactly will the Secretary of State keep that promise?”
“I have described this package as a “toolkit for tyrants” that includes “digital ID, facial recognition surveillance on our streets and the erosion of fundamental asylum rights—all things contrary to our British values and which should not be packaged up for this or any future Government to use against minorities…and dissidents.” —[ Official Report , 10 March 2026; Vol. 782, c. 249-250.] I would like the Minister to reflect on the potential future impact of this attack on jury equity under a much worse Government.”
“I did not get the chance to ask the Minister about this during the oral evidence, but has she discussed with colleagues, companies or other interests targeted by protesters the implications and impact of the Bill and this clause, in deviating from the Leveson recommendations in the way that it does, on the important principle of jury equity? Finally, on Second Reading, I raised the question of whether these measures are yet another part of a package of the Government’s wider attacks on civil liberties.”
“He also recommended that the new bench division should sit with a judge and two magistrates, to maintain a lay element in these Crown court cases, but the Government have chosen to ignore that, too. As far as the recent examples of cases in which jury equity has been applied are concerned, all those deviations from the recommendations point in the same way. In the light of evidence that other measures would be more effective at backlog reduction, it therefore seems to me that at least one motivation for adopting this measure is to stop the embarrassment of jury equity.”
“In that light, it is suspicious that the Government have chosen three years as the threshold in the Bill, despite the Leveson report’s recommendation of two years. Sir Brian also recommended raising the financial threshold below which criminal damage—often how direct action protests are charged—is charged as a summary offence and kept in the magistrates court, where sentences are limited, but the Government are not raising that threshold. Sir Brian also said that restricting the right to elect for jury trial was “contingent upon magistrates’ sentencing powers remaining at the current…12 months”, but the Government propose powers to increase them instead.”
“They include, in the Public Order Act 2023, new offences about interference with key national infrastructure, including blocking roads, and specific offences about causing serious disruption by tunnelling; and, in the Police, Crime, Sentencing and Courts Act 2022, the offence of causing public nuisance, which replaced a common law offence and applies a higher penalty for acts that create serious annoyance or inconvenience, such as noisy protests. Importantly, Tim Crosland pointed out to us in his oral evidence that the choices the Government have made in how to implement this measure will serve to virtually eliminate jury equity in practice. He told us that, of the more than 200 people jailed in the past few years for peaceful protest, only one has been jailed for more than three years.”
“He states that “the acquittals of such high-profile defendants as Ponting, Randle and Pottle have been quite as much welcomed as resented by the public, which over many centuries has adhered tenaciously to its historic choice that decisions on the guilt of defendants charged with serious crime should rest with a jury of lay people, randomly selected, and not with professional judges.” He added: “I know of no other real checks that exist today upon the power of the executive.” In my speech on Second Reading, I pointed out that a number of offences created recently to react to successful direct action protests now sit in the triable either-way category.”
“It was this imprisonment that the jurors successfully challenged by habeas corpus, on the basis that juries have a right to find facts and apply the law to those facts according to conscience and without reprisal.” The judgment also quotes Lord Bingham, in another landmark judgment, on the principle’s history.”
“It is worth our listening to more details of what was said in that judgment. Paragraph 16 discusses how the principle of jury equity is well established in our common law and recognised across the common law world. The judge gives several examples from Canada, New Zealand and the United States of the principle being applied. The judgment also talks about how its origins lie in Bushel’s case, from 1670, which “arose out of the prosecution of two Quaker preachers for holding an unlawful assembly. The Recorder of London, presiding at the trial, directed the jury to convict. The jury refused. They were fined and imprisoned until payment.”
“In January 2022, the Colston four, who toppled the statue of the slave trader Edward Colston into Bristol harbour, were acquitted by a jury. In November 2022, members of Palestine Action, who had defaced Elbit Systems—suppliers of drones to the Israel Defence Forces—were acquitted by a jury. In January 2023, members of Insulate Britain were acquitted by a jury for blocking roads.” –– [ Official Report, Courts and Tribunals Public Bill Committee, 25 March 2026; c. 89, Q192.] Tim Crosland told us how the principle of jury equity is there to apply to cases of conscience in which people’s actions were motivated by the public interest. He told us about the High Court’s 2024 judgment in the case of 69-year-old retired social worker Trudi Warner, who had displayed information about the principle outside a court hearing a protest case.”
“We know that jury trials are more often chosen by black and other minority defendants, and that public confidence in a jury of their peers to see through institutional biases is real. We know that defendants whose crimes have been protests, motivated by the public interest and committed to expose or impede powerful corporate or corrupt organisations and practices, also feel this way. Tim Crosland’s oral evidence on behalf the campaign group Defend Our Juries, which was set up before this Bill was proposed in anticipation of an attack on jury trials, told us about key recent protest cases where juries have chosen acquittal and applied the principle of jury equity in practice. Those included: “In April 2021, the Shell six, who had spray painted “Shell Lies” on Shell headquarters, were acquitted by a jury.”
“We are about 30% below where we should be.” –– [ Official Report, Courts and Tribunals Public Bill Committee, 25 March 2026; c. 41, Q75.] The main point I want to express today is my concern about the motivation behind the choices that the Government have made in these proposals by taking up, and deviating from, the recommendations of the independent review of the criminal courts in a particular way, and about how the severe erosion of the principle of jury equity can apply to certain types of defendants and certain offences in a way that I suspect this clause is aimed at. That really eats away at a constitutional cornerstone in a truly historic way. It eats away at the principle of jury equity.”
“We heard clearly from the leaders of the circuits that those working in criminal justice day in, day out have not yet been able to employ the real efficiencies that could come with more investment and innovation, and that would bring down the backlog without the measures in the clause. Those include the better user of technology, more sitting days, blitz courts and improvements at the investigation stage. I believe that we must act on the backlog, but that must start with those measures and the increased investment that is needed to correct what the chair of the Bar Council told us about investment under successive Governments. She said: “We saw a rapid cutting of MOJ funding between 2009-10 and 2022-23: it declined by 22.4%.”
“40, Q72.] This cutback in jury trials is not the measure promised to victims of sexual and domestic violence in the Labour manifesto, and later we will consider amendments that would what was promised. This cut is not a measure that will, under the current system, help victims through more compassionate and better trained court processes, or by improving outdated buildings where they currently risk contact with their abusers. The lack of legal support for magistrates court processes could, as we heard from the head of JUSTICE, lead to more victims being cross-examined by their own abusers.”
“As Emma Torr from APPEAL highlighted during our oral evidence session, this will include new allocation processes and new multi-step processes for considering appeals, and the need for judges to spend time outlining reasons for their decisions, which juries do not have to do. The chair of the Bar Council of England and Wales also told us about the impact on confidence in the system, stating: “Overall, the jury system is seen as the only part that still works, so why are we focusing on that? We want to focus on all those aspects that will reduce delays now, rather than hacking at a constitutional cornerstone, which also reflects community participation.” –– [ Official Report, Courts and Tribunals Public Bill Committee, 25 March 2026; c.”
“It is great to see you in the Chair today, Ms Jardine. I oppose clause 1 and its many implications for justice. It takes away the defendant’s right to elect a trial by jury for all either-way offences, which, according to the Bill’s impact assessment, will reduce jury trials by half. That is no minor thing, and I agree with the hon. Member for Bexhill and Battle that clause 1 must be removed from the Bill, as well as clauses 2 to 7, which we will debate later. Compared with the removal of half of jury trials, there would be a highly contested and—in the Government’s own estimates—much smaller impact on efficiency in the courts. There is also the potential for the workload in the magistrates court and the Crown court to increase beyond what is estimated.”
“The Scottish Green party is a separate party from the Green party of England and Wales, so I cannot vouch for its policies. However, the Green party’s justice policies look in the round at what is effective in reducing crime, rehabilitating offenders and improving society, based on evidence. I am sure that the Scottish Green party have those principles in mind with any policy it puts forward. That is the end of what I was planning to say, and I hope we will hear more from the Minister about the erosion of jury equity and what Tim Crosland, in relation to the Bill, called its complete elimination. This will be an important effect of what is being proposed, and it has not had enough debate as yet.”
“We are debating clause 1, which as I understand it will completely remove defendants’ right to elect; the rest of the Bill puts in place procedures whereby other people—judges—will decide whether a jury trial is held. The right to elect a jury trial is being completely abolished. Is that not correct?”
“Tim Crosland’s point was that the Government are, in effect, abolishing the principle of jury equity. Can the Minister tell us that we cannot ever expect a judge to triage a case based on the fact that the true interests of justice might lie with a defendant relying on the principle of jury equity? Will she admit that the principle of jury equity is being abolished by the clause?”
“The Minister has made many points about magistrates court hearings being as fair, but she seems to have forgotten the amount of evidence we heard during the oral evidence sessions. Witnesses acknowledged that magistrate court hearings were “rough and ready” and “rough around the edges”, that mistakes may be made, and that the Bill later removes the automatic right to appeal, which is an important safeguard against what she must admit is the slightly inferior justice that can be found in the magistrates courts. Will she not admit that and talk more about the appeals situation?”
“Apologies to the Minister for heckling. The point about the right of appeal is absolutely key. If mistakes are made in the magistrates court, it is currently the case that they are corrected at quite a rate. We heard evidence on that. Those two things give Opposition Members genuine and legitimate cause for concern.”
“Finally, I invite the Minister to visit Preston Park station to meet my dedicated local campaigners, and to see the multiple issues faced not just by disabled passengers and those with access needs, but by the general public as well. I invite him to see these problems at first hand.”