HC Deb 23 November 1984 vol 68 cc293-4W
Mr. Chris Smith

asked the Chancellor of the Exchequer what is the complaints procedure relating to actions of Her Majesty's Customs and Excise in respect of the importation of materials by bookshops.

Mr. Hayhoe

If an importer does not agree that something seized is liable to forfeiture, he may so claim in writing within one month. The commissioners are then obliged to submit the matter to a court for civil condemnation proceedings.

Mr. Chris Smith

asked the Chancellor of the Exchequer which court decisions Her Majesty's Customs and Excise has used as comparisons when deciding on any prosecutions of bookshops for the importation of particular materials.

Mr. Hayhoe

In deciding whether material is indecent or obscene, Her Majesty's- Customs and Excise is guided by the decisions of the courts in civil condemnation proceedings or, where known, in proceedings under the Obscene Publications Act. Moreover, its judgment may always be challenged by appeal against seizure, which must be decided by the courts.

Mr. Chris Smith

asked the Chancellor of the Exchequer whether any legal advice has been sought by Her Majesty's Customs and Excise officers from outside the Customs and Excise Department on the principles to be followed when deciding upon any prosecutions of bookshops for the importation of particular materials; and if he will make a statement.

Mr. Hayhoe

The Commissioners of Customs and Excise generally rely on the services of their solicitor's office for advice on legal matters. However, the opinion of counsel is sought in appropriate cases.