§ 17. Mr. Michael McNair-Wilsonasked the Secretary of State for the Home Department what criteria are used by Customs and Excise or the police in deciding whether or not to confiscate, on grounds of obscenity, films and magazines entering the country.
§ Dr. SummerskillI understand that the operation of the import control on films and magazines takes account of the Obscene Publication Acts and their application by the courts, as well as the Customs legislation.
§ Mr. Michael McNair-WilsonWill the Minister say whether prosecutions are a matter for the Director of Public Prosecutions, or whether the process depends purely on police action or on the use of arbitrary power by others?
§ Dr. SummerskillThe scope of the Customs and Excise Acts is wider than the Obscene Publications Act and enforcement of import controls is principally a matter for Her Majesty's Customs and Excise, although the police sometimes become involved. It is for the courts to decide whether publications are obscene within the terms of the statutes.
§ Mr. AlisonWill the Minister have conversations with or make representations to the Chancellor of the Exchequer, who is responsible for the Customs and Excise Department, because it is clear that that Department and its officers do not make a detailed examination of all films brought into the country? This means that citizens have to prosecute privately when this material should have been stopped by Customs and Excise officers. Will the hon. Lady ensure that all films are properly examined on entry?
§ Dr. SummerskillI shall certainly refer the hon. Gentleman's remarks to my right hon. Friend the Chancellor of the Exchequer. Customs officers take account of the operation of domestic law, since a pronounced divergence would probably bring the controls into dispute.