HC Deb 30 October 1984 vol 65 cc941-2W
Mr. Wheeler

asked the Chancellor of the Exchequer how large are the resources devoted by the Customs and Excise to the seizure of presumed homosexual publications, and the resulting prosecutions.

Mr. Hayhoe

Customs and Excise do not distinguish between presumed homosexual material and other material in the allocation of resources to enforcing the prohibition on the importation of indecent or obscene material.

Mr. Wheeler

asked the Chancellor of the Exchequer how many seizures of presumed homosexual publications have taken place during the past year; and how many of these have resulted in prosecutions.

Mr. Hayhoe

Records of seizures and prosecutions relating to material regarded as contravening the prohibition on the importation of indecent and obscence articles do not distinguish between material of a presumed homosexual nature and other material.

Mr. Wheeler

asked the Chancellor of the Exchequer on whose authority the recent seizures have taken place by the Customs and Excise of presumed homosexual publications intended for bookshops such as "Gay's the word".

Mr. Hayhoe

Seizures of articles regarded as contravening the prohibition on the importation of indecent or obscene material are carried out on the authority of the Board of Customs and Excise acting under powers given to them in the Customs Consolidation Act 1876 and the Customs and Excise Management Act 1979.

Mr. Wheeler

asked the Chancellor of the Exchequer how he decides whether presumed homosexual publications qualify as indecent or obscene for the purpose of investigation and seizure by the Customs and Excise.

Mr. Hayhoe

In deciding whether any article—whether presumed homosexual or not—is regarded as contravening the prohibition on the importation of indecent or obscene materiail, Customs officers are guided by standards determined in contemporary court judgments. If the owner of anything seized claims that it is not liable to forfeiture, Customs are obliged to bring it before a court for the issue to be determined by civil condemnation proceedings.