HL Deb 25 October 1994 vol 558 cc492-3

82 After Clause 82, insert the following new clause:

Video recordings: criteria for suitability to which special regard is to be had

(".—(1) After section 4 of the Video Recordings Act 1984 there shall be inserted the following section—

"Criteria for suitability to which special regard to be had.

4A.—(1) The designated authority shall, in making any determination as to the suitability of a video work, have special regard (among the other relevant factors) to any harm that may be caused to potential viewers or, through their behaviour, to society by the manner in which the work deals with—

  1. (a) criminal behaviour;
  2. (b) illegal drugs;
  3. (c) violent behaviour or incidents;
  4. (d) horrific behaviour or incidents; or
  5. (e) human sexual activity.

(2) For the purposes of this section—

potential viewer" means any person (including a child or young person) who is likely to view the video work in question if a classification certificate or a classification certificate of a particular description were issued;

suitability" means suitability for the issue of a classification certificate or suitability for the issue of a certificate of a particular description;

violent behaviour" includes any act inflicting or likely to result in the infliction of injury;

and any behaviour or activity referred to in subsection (1) (a) to (e) above shall be taken to include behaviour or activity likely to stimulate or encourage it.".

(2) In section 7(2) of the Video Recordings Act 1984 (contents of classification certificates), in paragraph (a), after the words "viewing by children", there shall be inserted the words "or young children".")

The Commons agreed to this amendment with the following amendment:

82A Line 3, leave out 'section' and insert 'sections'.

Baroness Blatch

My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 82A to Lords Amendment No. 82.

When the matter of some sort of review of previous video classification decisions was raised in this House at earlier stages of the Bill, my noble friend Lord Ferrers indicated that there would be practical difficulties in the establishment and operation of such a scheme. However, in response to the concerns expressed in this House and elsewhere, we have engaged in very helpful discussions with the director of the British Board of Film Classification and bodies representing trading standards officers. What has emerged is a system of review which is likely to be applied in a small number of cases and which, therefore, will be unlikely to be subject to the same practical difficulties as would be unavoidable in any wider approach. But the Government have decided that it is right to do something, and I hope your Lordships will agree that this is a measured and practical response to what is undoubtedly a real concern.

Moved, That the House do agree with the Commons in their Amendment No. 82A to Lords Amendment No. 82.—(Baroness Blatch.)

On Question, Motion agreed to.