---

Video Recordings Bill

My Lords, in welcoming this very unusual Bill, I should like to mention three matters. The first is to add my thanks to the Government for accepting and for implementing—the second does not necessarily follow from the first—the recommendations made by your Lordships’ Select Committee on the Constitution, of which I am a member, on the procedure to be adopted in relation to fast-track legislation. As the Minister has said, this is the first such Bill to be presented to the House since our report, and I join other noble Lords in welcoming the fact that the Government have, in both the Explanatory Notes to the Bill and the Oral Statement made by the Minister immediately after the Bill’s First Reading, fully set out the reasons for fast-tracking the legislation. I am sure that this practice is of considerable assistance to the House and provides a model for the future. My second point is to draw attention to the expression of regret in paragraph 3 of the Constitution Committee’s report on the Bill that the 1984 Act has been rendered unenforceable, as the Minister accepted, by reason of the failure to notify its provisions to the European Commission under the technical standards directive. The consequence, as the noble Lord acknowledged, is that criminal prosecutions cannot currently be brought under the Act against those who sell video games and DVDs which have no classification certificate, or for selling such material in breach of the classification certificate—for example, where it restricts sale to children or allows sale to adults only in licensed sex shops. A number of prosecutions have accordingly been abandoned, and appeals in time have not been resisted. I was pleased to hear the Minister reassure the House that the Government are satisfied that no other Acts of Parliament have been enacted in breach of the requirements of this directive, but can he say a little more about what procedures the Government have put in place to ensure that there are no such omissions in future in relation to either primary or, indeed, secondary legislation? The same problem could well arise in relation to secondary legislation. Thirdly, I seek information from the Minister about the consequences of the enactment of the Bill later this week—as I am sure that it will be enacted. As your Lordships’ House has heard, the 1984 Act is currently unenforceable. People are not being prosecuted. Can the Minister help on whether, after it is enacted later this week, the schedule to the Bill is intended to affect whether people may be prosecuted next week, under the revived 1984 Act, for alleged offences which were committed last week? That is a vital matter which needs to be addressed. It is inevitable that that question will arise. Prosecutors will inevitably have to consider next week whether they may bring prosecutions against persons for the publication of material which occurred last week or last month. It would be very helpful if the Minister could tell noble Lords whether the Government’s position is that the Bill is intended to allow such prosecutions after Royal Assent; whether it is intended not to allow such prosecutions; or whether, as may be the case, it is neutral on this question—that is, it does not address the matter and leaves the courts to decide this question in accordance with whatever the general principles may be. I should be very grateful if the Minister could address that. I have another, similar question. The Minister rightly pointed out that since 1984 a large number of people have been prosecuted and convicted under the 1984 Act. In many of those cases, the convicted persons also brought appeals, which were dismissed, yet they were prosecuted and convicted under a statute which at the time of their conviction was unenforceable, as we all agree. The question then inevitably arises of whether such persons can now have those convictions set aside as not being in accordance with the law. I declare an interest in respect of this matter because I have represented clients who, despite my best efforts, have been convicted under the 1984 Act. Indeed, I now represent one such client who is seeking to set aside the conviction on precisely this basis, having appealed in time but unsuccessfully. Can the Minister assist on whether anything in the Bill—in particular, the schedule—is intended by the Government to address the rights and wrongs of this issue, whatever they may be? I say nothing about the merits of the issue, but is the Bill intended to say anything about the validity of those previous convictions or is the Government’s position, as I think it is from what the Minister said earlier, that this matter will have to be addressed by the courts by reference to general principles, whatever they may be, and that the Bill is not saying anything on this subject? I emphasise that I am not asking the Minister for his views, interesting though of course they would be, on how the courts should address these problems—that is, the prosecution next week of alleged offences committed last week and the setting aside of previous convictions. I am simply asking him to confirm that the Government are not seeking to address either of those issues in this legislation. Subject to those points, I very much welcome the Bill.