HC Deb 15 December 1977 vol 941 cc905-7
24. Mr. Alan Clark

asked the Secretary of State for the Home Department if he has completed his review of the problem of child pornography; and if he will make a statement.

Mr. John

No, Sir. We continue to examine the information and representations that are being made.

Mr. Clark

Does the Minister acknowledge the very grave and widespread public disquiet on this topic? Will he assure the House that in framing his measures he will not allow himself to be deflected by legal advice on the difficulty of definition? Does he not further agree that a picture of a child under the age of consent indulging in sexual activities with an adult is prima facie evidence of a breach of the law?

Mr. John

Of course, I view this problem with the utmost seriousness. As for ignoring legal advice about difficulties in legislation, I suggest that none of us ought to avoid considering such difficulties, because we have to enact the legislation and the courts have to give effect to it. If there are difficulties of definition, they must be tackled seriously. I am having discussions with, among others, the hon. Gentlemen's hon. Friend the Member for Bexleyheath (Mr. Townsend), who has a Private Member's Bill on this subject, and I am trying to be as co-operative with him as I can.

Mr. Whitehead

Can my hon. Friend say how many police prosecutions there have been of people involved in photography or filming concerning this disgusting exploitation of children? Have they been commensurate with the apparent growth of the practice?

Mr. John

So far as we can ascertain—we have checked with the police on this subject—the availability of such literature has not markedly increased. The difficulty that I find in answering my hon. Friend's question is that implicit in many of these matters is not the direct offence itself but other sexual offences which arise out of the inclination of the people who take the photographs.

Mr. Townsend

I welcome the Minister's comments. However, why do not the Government take instant action to try to cut down on the distribution of such material?

Mr. John

Because I do not think that in the criminal law we should rush without due consideration into what are admitted on all hands to be difficult matters. We are considering them. The hon. Gentleman and I had a useful discussion about these problems, and he will acknowledge that there are difficulties.