Obscene Publications (Amendment) Bill (Hansard, 27 October 1992)

§ Dr. Robert Spink (Castle Point)
I beg to move, That leave be given to bring in a Bill to amend the Obscene Publications Act 1959. I raise a subject of considerable concern to hon. Members in all parts of the House and to millions of people throughout the country. The unprecedented national concern is vividly illustrated by a petition signed by over 350,000 people which I shall be formally presenting to the House later today on behalf of the National Viewers and Listeners Association.
The current obscenity laws are not working properly. The Secretary of State called them "unsatisfactory" and the Minister of State described them as "inadequate." The right hon. Member for Selby (Mr. Alison) and the hon. Member for Swansea, East (Mr. Anderson) and many others have called for action now to remove deficiencies in the law. I shall show why the Government must take that action. My Bill will set that process in train, requiring areas for reform to be identified.
The law in the United Kingdom on obscenity and pornography is a patchwork quilt of provisions. We have different statutes dealing, for example, with broadcasting, videos, films, the theatre, sex shops and child pornography. This patchwork quilt of provisions is overlaid with a blanket called the Obscene Publications Act 1959, which started life as a ten-minute rule Bill introduced by the then Roy Jenkins.

§ Mr. Dennis Skinner (Bolsover)
Our Woy?

§ Dr. Spink
Yes, Woy the Wadical.
That measure is designed as a catch-all, defining the content of material which can be held to be obscene. The police use the 1959 Act to control the most severe kinds of material such as videos, child pornography and films. For some of those, other statutes are already in place. But for other kinds of material, the 1959 Act is the only statute that can be used. For example, it is the only restriction on the sale of books and magazines.
So it is clear that the 1959 Act is the keystone in the legislative arch of our obscenity and pornography law. The problem is that not only is the arch shaky and incomplete, but as a keystone, it is fundamentally loose. The source of that weakness lies essentially with the discredited "tendency to deprave and corrupt" test. That test is fast becoming impossible to prove and the authorities are reluctant to prosecute cases involving even the most extreme material, such as de Sade's "Juliette." The Government readily acknowledge the problem, so it is not tenable for them not to take action. It is the job of a caring Government, however difficult the task, to protect society and set sound standards. It is not the job of a private Member.
Hon. Members may recall the evil and vicious murder of Rachel Nickell on Wimbledon common, and I am glad to see in his place supporting me the hon. Member for Tooting (Mr. Cox). The psychologists employed by the police investigating that murder believe that the man who carried out that brutal killing was addicted to reading pornography. It is clear that the Government must act.
Only this month we have seen the sad spectacle of Madonna, a confused and perverted woman, making millions by linking sex with violence in a way which 887 normalises that link and so puts decent women at risk. Ten years ago that could not have happened, but society's standards are slipping year by year as familiarity with pornography erodes our contempt of it.
Valerie Howarth of the now sadly impoverished Childline, which receives thousands of calls, reports: Many distressed children say they are shown pornography and are asked to perform similar acts. It is fortuitious that I should be moving my Bill so soon after the statement on child abuse that was made to the House earlier. Tim Harding, director of the National Society for the Prevention of Cruelty to Children, says: Pornography is used to entice other youngsters into child sex abuse. That is irrefutable evidence of the link between child pornography and the sex abuse of children. Superintendent Hames, head of New Scotland Yard's obscene publications squad, has called for tougher laws to enable him to fight what he calls a rising tide of child pornography. He goes on: The vast majority of murderers, serial rapists and child molesters indulge in pornography. I want their oxygen of depraved violent pornography cut off, and I make no apology for the imagery that I use.
If more evidence is needed, we can examine the situation in Oklahoma city, which clamped down on pornography in 1984. Since then, the crime of rape against women has fallen by over 20 per cent., whereas in the rest of the state, the pornography laws having remained unchanged, the incidence of rape increased by 20 per cent. We must fight to protect society from evil monsters who purvey pornography for profit. We must join my hon. Friend the Member for Congleton (Mrs. Winterton) and the hon. Member for Rochdale (Ms. Lynne) in denouncing sick people who claim that the mutilation, torture and murder of children and women for sexual gratification can somehow be acceptable as art or literature. That is not freedom of expression. It is rubbish.
For those who think that I am faint hearted, may I quote my gallant and hon. Friend the Member for Blaby (Mr. Robathan), who said: I spent about 15 years in the Army. I may have seen more pornography in barrack rooms than most hon. Members, and I can promise my hon. Friend that I have never seen anything in my life so depraved, disgusting and repulsive as this book." —[Official Report,. 2 July 1992; Vol. 210, c. 1068.] The book was de Sade's "Juliette", which remains legal in our shops today. The Director of Public Prosecutions said that he could not proceed against that book. I want hon. Members to join me today to give the DPP the tools to do the job. My hon. Friend the Member for Medway (Dame P. Fenner) told us of her "revulsion and horror" at the book which, disgracefully, is even available in prison libraries as recreational reading for perverts and convicted sex offenders. How daft and irresponsible can we get? The Home Office must act on that now.
888 Scotland Yard called for action because the law is unworkable. Let us be clear about the fact that policemen and women were not saying, "The police don't want to enforce this law—it's in a muddle so get rid of it." On the contrary, the policy must see and deal with the victims of sexual attacks that are depicted and described in pornography. Those police officers are saying, "Please, please give us a law that works. We want to tackle the problem and get rid of that evil."
The Bill would require the Government formally to review the operation of all the legislation in that area and would bring forward provisions for the Government to change the law. It is, therefore, a paving Bill—quite fashionable these days. It encourages the Government to suggest alternative routes for reform, perhaps in a Criminal Justice Bill, with a free vote for the House. I am sure that all parties would co-operate closely and scrutinise such legislation.
The forefeiture of pornographic items, which dropped from more than 1 million in the early 1980s to 800,000 in 1987, was down to only 5,000 in the first six months of 1992. That is a drop to only 1 per cent. of previous forfeiture achievements in just one decade. Standards are slipping. The Bill would reveal such statistics and enable the House to monitor the police's ability to enforce the law. It would allow the House to consider new types of pornography such as so-called "education sex videos", European Community satellite broadcasts like "Red Hot Dutch" and new computer-based pornography.

§ Mr. Skinner
Is that the Common Market?

§ Dr. Spink
Yes, it is the Common Market.
By granting permission to introduce the Bill, the House will be demonstrating our demand for a properly conducted review of the law. We shall be saying that the Government should give clear leadership on that issue of deep public concern, listen carefully to the views of relevant parties, and regulate, monitor and report on the operation of the Obscene Publications Act 1959.