HL Deb 20 May 1889 vol 336 cc495-7

House in Committee on re-commitment; according to order.

THE LORD CHANCELLOR

Upon Clause 3 I should like to call the attention of the noble Lord in charge of the Bill to what I think is a defect in it. I do not propose to move any Amendment now, but only to call attention to the matter. The mode in which these things are distributed is made part of the offence; but one form in which these indecent productions are circulated, by being pushed under doors or otherwise delivered at houses, is not made part of the clause. It seems to me that is one of the most mischievous practices, and one at which no doubt the section was intended to be aimed. I simply call the noble Lord's attention to the defect, and I hope it may be remedied.

LORD KIMBERLEY

My Lords, that point did not escape attention; but the Committee were unable to frame the clause so as to meet the case of throwing down areas. If any form of words can be suggested for that purpose, I quite agree that it is desirable to include this form of distribution.

LORD MILLTOWN

The clause already contains the words "or delivers or attempts to deliver."

LORD KIMBERLEY

That is only with regard to public places.

Clause agreed to.

THE LORD CHANCELLOR

On Clause 5, prohibiting advertisements relating to certain diseases, your Lordships will observe that the object with which that clause is obviously framed would in most cases be covered by the provisions of Section 3, which prohibits the fixing of indecent advertisements in public places. The cases outside Clause 3, but which are covered by Clause 5, might, I think, be held to include some which were never in the contemplation of those who framed the Bill; such, for instance, as the bonâ fide exhibition of an advertisement of a medical work in a bookseller's window. It appears to me to be a very serious thing indeed to make that an offence, and so prevent the legitimate sale of medical works. I quite sympathize with the intention of the framers of the clause in preventing these things getting into the hands of young persons, but I think the clause is altogether too wide, and therefore move that it be omitted.

LORD HERSCHELL

I may say, as this clause is before the Committee, it might be limited so as to meet the difficulty raised by the noble and learned Lord; but I think that the scheme of the clause is to prevent these advertisements being distributed in the streets or stuck up in public places. To that there can be no reasonable objection. I think that, as regards the matters referred to in this clause, they might well be applied to persons passing along as well as to streets, highways, and public places.

THE PRIME MINISTER AND SECRETARY OF STATE FOR FOREIGN AFFAIRS (The Marquess of SALIS- BURY)

I will move to strike the clause out if the noble Lord objects to it.

LORD HERSCHELL

It is not my clause.

Clause omitted.

Report of Amendments to be received on Monday next; Bill to be printed as amended. (NO. 77.)