Orders of the Day — Obscene Publications

Part of the debate – in the House of Commons at 12:00 am on 16 December 1958.

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Photo of Mr Kenneth Younger Mr Kenneth Younger , Grimsby 12:00, 16 December 1958

I do not know whether the hon. Member expects me to approve of that. I do not think that we can take that as an argument one way or the other in connection with what I am saying. I am saying that it is different when there is no doubt about the artistic merit of a work because for centuries it has been recognised. Contemporary works are more difficult and there is the question whether evidence of their literary or artistic merit should be admissible or not. I do not think that if evidence of this kind were put before juries there would be much danger of juries erring on the side of undue modernism or acceptance of shockingly new standards. Those who sought to set new standards would find that very difficult.

I ask the Government not to be deterred by the remaining disagreement on this matter from taking early action. I do not think that this is one of those issues which it is fair for a Government to regard as purely a subject for a Private Member's Bill or as one of those special issues on which a Government from time to time may quite correctly show impartiality even to the point of immobility. This, after all, is part of the criminal law and involves serious criminal offences. Quite apart from that, it gravely affects the character and reputation of citizens.

It is perfectly true that this is not a party matter. When it comes to this House on a future occasion it may or may not be regarded as proper to have a free vote on it, but that does not alter the fact that there is a Government responsibility. When the Home Secretary has had as clear an indication as he has had from the Select Committee's Report and from the HOUSE-which, I believe, reflects opinion outside, showing what the country wants—I ask him to give an assurance that early action will be taken