§ 8. Mr. S. S. Awberyasked the Secretary of State for the Home Department if he will, in view of the large quantities of pernicious literature now being displayed for sale, take steps to set up a censorship for these kinds of books in order to remove from the magistrates' courts the responsibility of deciding whether a book is obscene and unfit for general sale.
§ Sir D. Maxwell FyfeNo, Sir.
§ Mr. AwberyIs the Minister aware of the present danger of cases coming before a magistrates' court where two different sets of magistrates come to different decisions on the same kind of book?
§ Sir D. Maxwell FyfeI hope the House will agree with me broadly that censorship, to be effective, must be authoritarian—that is, not open to challenge—and in this country that would be abhorrent. It is a dangerous institution which might be misused, and it is a clumsy and wasteful arrangement which is notoriously difficult to operate. There are several other reasons against it, but I think these are the main ones.
§ Mr. John PatonMay I ask the Minister if it is not the case that police regulations already provide all the powers that are necessary for the effective safeguards required?
§ Sir D. Maxwell FyfeI think that the present system is sufficient to deal with the problem.
§ Mr. EdeMay I ask the right hon. and learned Gentleman if it is not a fact that any citizen can institute a prosecution in England and Wales where he believes a publication is obscene and detrimental to morals?
§ Sir D. Maxwell FyfeThat is the law as I understand it.
§ Mr. AwberyIs the right hon. and learned Gentleman aware that the books that have been brought before my court are being sold in most establishments in London.
§ Sir D. Maxwell FyfeI think the hon. Gentleman ought to follow the advice of his right hon. Friend and institute proceedings.