Lord Sandhurst (Con)

My Lords, this has been an interesting debate. At the heart of it lies the underfunded state of our criminal justice system—something which the noble and learned Lord, Lord Thomas, has highlighted. Looking forward, the criminal justice system needs more money and the prosecution service needs proper funding, as of course do those who defend in the criminal courts; but Clause 11 does propose a significant shift, extending the right to prosecute to individuals who do not hold the long-standing qualifications of solicitors and barristers. I cast no aspersions on CILEX, but I make that observation. There is a difference in their training and educational background. This clause will expand capacity, there is no doubt about it—and there is no doubt that the system requires it, for the reasons that others have outlined in this debate—but it will not address the underlying cause of problems faced in the criminal courts. We must not go down a route which results in weakening of standards, undermining of public confidence, and unfairness to victims and witnesses involved in the criminal courts. A central issue remains the absence of clear evidence in support of Clause 11. We have sought clarity from the Minister on what assessments were undertaken on the impact of this change, whether risks to standards were considered, and whether safeguards are in fact in place to maintain standards over time. Without clear evidence, Parliament cannot truly judge whether the proposed reform protects the quality of prosecutions. We must not embark on a position where there are unclear professional boundaries and variations in training and oversight. We recognise the pressures facing the criminal justice system and the need for more good people to embark on careers in the criminal courts, whether in defence or in prosecution; in this case, we are talking about prosecutors. We share the desire for a stronger, more resilient system, but Clause 11 does not, we suggest, properly address the causes of these pressures. We urge the Minister to reflect carefully on the concerns which I have raised and to consider whether Clause 11 provides the assurance and evidence that this House, our justice system and, indeed, victims deserve. That said, I will not pursue my opposition.