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Proceeding contribution from Earl of Onslow (Conservative) in the House of Lords on Monday, 21 April 2008. It occurred during Debate on bill on Criminal Justice and Immigration Bill.


Criminal Justice and Immigration Bill

I thank the noble Lord. My bet is that the Turkish ambassador commissioned that painting for sexual arousal, and yet there it is, displayed in the Musée d’Orsay. Some Greek vases have pictures of Priapus on them. If Priapus was to do the things he is threatening to do, it is fairly likely, because of the size of what he has got, that they would result in serious injury to a person’s bits and pieces. We are here in the problem of definition. The noble Lord, Lord McIntosh of Haringey, has said that surely it should be left in people’s bedrooms or on the television sets in their bedrooms. Actually, I do not see why someone cannot have a picture of a person having oral sex with a dead animal. It is the most extraordinary thing anyone would want to do, but I cannot see why that should be made criminal. It does not harm the animal because it is dead. The person concerned ought to be carted off in a collar and chain and put in the loony bin, but it does not do anybody any harm. Surely the whole point is that what we are trying to get at is undefinable. You probably know it when you see it, but you cannot define it, and statutes must be defined. I have a final little story for your Lordships. Years ago I was asked by the noble Lord, Lord Alli, to introduce a programme on pop music. The programme was in six sections, and one of them was on porn rock. I refused to be in any way nice about it. I said that this has been going on for an awfully long time and I quoted Juvenal’s ninth satire, which states, "““an facile et pronum est agere intra uiscera penem legitimum atque illic hesternae occurrere canae?””" I would not have dared to quote that had Lord Hailsham still been on the Woolsack. He would have got very angry because it is incredibly obscene, but it is one of Juvenal’s ninth satires. All I am trying to say is how difficult these definitions are and how impossibly difficult it is to legislate for. I hope that we take out both these clauses.


Secondary information

Type
Proceeding contribution
Reference
700 c1352 
Session
2007-08
Chamber / Committee
House of Lords chamber
Subjects
Compensation Criminal proceedings Administration of justice Crimes of violence Pornography Magistrates' courts Miscarriages of justice Paedophilia Sexuality Right of search
Legislation
Criminal Justice and Immigration Bill 2006-07 to 2007-08
Link
View this Proceeding contribution on www.publications.parliament.uk