§ Dr. HarrisTo ask the Secretary of State for the Home Department what the total cost was to public funds of(a) defending ADT v. UK, including the legal costs of both sides and (b) the damages awarded. [138463]
§ Mr. Charles ClarkeThe applicant was awarded £20,929.05 damages in respect of the cost of defending criminal proceedings, travel expenses, prosecution costs, loss for items confiscated and destroyed and non-pecuniary losses. In addition, the applicant was awarded £13,771.28 in respect of costs and expenses.
As regards the Government's legal costs, much of the work involved was carried out by officials and lawyers already employed by Government. We are not therefore able to estimate the total cost of defending the action before the European Court of Human Rights.
§ Dr. HarrisTo ask the Secretary of State for the Home Department what legislative action he proposes to take following the decision in the case of ADTv. UK. [138464]
§ Mr. Charles ClarkeThe Government set up the Sex Offences Review in January 1999. Its terms of reference were to make proposals for reform of the law on sex offences which were among other things compliant with the European Convention on Human Rights.
The report of the review is contained in 'Setting the Boundaries'. The review recommended that the offence of gross indecency should be repealed. It was that offence for which ADT was convicted and which, in the circumstances of his conviction, was found to have been a breach of ADT' s private life under Article 8.
The consultation period finishes on 1 March 2001. Following this the Government will consider legislation for a comprehensive reform of the law on sexual offences, including gross indecency, when parliamentary time allows.
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§ Dr. HarrisTo ask the Secretary of State for the Home Department what administrative action he intends to take in relation to(a) existing and (b) future charges of gross indecency in the light of the decision in the case of ADT v. UK. [138465]
§ Mr. Charles ClarkeWe have made it clear that this area of the law is the subject of recommendations contained in 'Setting the Boundaries'. Until the law is changed it remains in force and enforceable. There is no administrative action which the Home Office can or should take to prevent enforcement of the law.
However, any decision not to prosecute any individual under the Sexual Offences Act 1956 will be a matter for the independent Crown Prosecution Service. In determining whether to proceed with a prosecution the CPS will have regard to the public interest and in doing so will take account of the Court's judgment and the Human Rights Act 1998.