Part of the debate – in the House of Commons am ar 27 Gorffennaf 1923.
My hon. and learned Friend should give me a moment or two to develop my argument. I think his best way of dealing with that matter would be to put that question either to the Attorney-General or the Solicitor General. I am afraid neither of them, although my hon. Friend is apparently briefed with them on this occasion, will agree with their learned junior. They will undoubtedly tell the House—I am sure the Solicitor-General will, because he is always eminently fair—undoubtedly he will tell the House—and the House ought to be told most explicitly—that this Bill does not give the same right of trial by jury to the litigants of this country as existed before the War. What I say is this: It is for hon. Members who desire it to get up in this House and address themselves to the reason for this change. The people who advocate this must come forward and say why. I have not yet heard a single argument put forward, or a Member say why this alteration is being made in the Constitution of this country. Who has promoted this suggestion? Whose idea is it that trial by jury should be limited in this way? Have the Judges met? Have they passed any resolution? Has any body of lawyers met? Has any great society met? Whence comes this suggestion that the rights of the citizens from time immemorial should be limited in this way? The only possible answer that can be given is that the previous Act, which has been subjected to such severe comment by the Court of Appeal, did limit, and that inasmuch as this Bill extends it—quite legitimately—therefore it is, as the hon. and learned Gentleman opposite says, "a beautiful Bill." I take no such view.
When the Solicitor-General comes to reply I want him to tell the House why we cannot go back to the same position as we were before the War. I make that appeal to him more particularly because I have a vivid recollection that he got up when he was sitting on this very Bench and appealed to the Attorney-General, who, I think, was then in charge of the Bill, and put the same question to him as I am putting now. In those days the Solicitor-General was a very active and prominent private Member. He took the same view as many Members of this House take this afternoon, and one entirely different from the hon. and learned Gentleman opposite. The Solicitor-General then took the view that there was no reason why trial by jury should be restricted, or why we should not go back to our pre-War methods. There was a reason advanced in 1918 for restricting the right of trial by jury—that was because the jurymen were away. It was unfortunate, but the Judges, it was said, must make the best of the position and get on with the work. That position does not exist to-day. Why should we not go back to the time before the War when the jury system was fully established? I wish my hon. and learned Friend would peruse the important judgments of the three Lord Justices on the present unfortunate position in which this country is now placed in regard to the jury position. They certainly do not take his view of the matter. I have heard of no Judge who has come forward and taken that view that he has put forward.