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Criminal Justice and Immigration Bill

Undoubtedly the aim is what most people find abhorrent. On the difficult question of material made by consenting adults which the noble Lord, Lord Wallace, raised, it is often very difficult to tell from an image whether or not consent has been given. Images can be circulated far beyond those who participated in the act. Broadly, most of these images will have been made in another country and the immediate concern of the Government is on those who possess those images. That is why the Bill is drafted in the way that it is, bearing also in mind that production will be covered by existing legislation. I understand the points raised by noble Lords about the clarity of the law. The amendments that I have brought forward seek to respond to the points raised by Members in another place and to give greater clarity. Of course information will be made available to members of the public when this is brought into fruition. We have tried to make the clause as clear as possible. As regards the concern of my noble friend Lord Faulkner in relation to disabled people, we have no evidence that disabled people are more likely to access extreme violent pornography than anything else. I have been talking about the very extreme end and not pornography in general. On the question of those who are now outside the law who will be covered by being in possession if this was enacted, the position is that those who continue to possess material which would fall under the scope of this offence after the legislation is brought into force will be committing an offence. Again, rather as in answer to the last point, we will want to make sure that information is made available about the offence and the circumstances in which it operates. I have offered to arrange meetings between Committee and Report to discuss this further. The Government remain convinced that we need to tackle these elements of extreme violent pornography. Noble Lords may have points to make about the way the amendment is drafted, but I hope they will not dissuade the Government from pursuing this course.