David Cameron plans to bring back right-wing Tory Iain Duncan Smith to head a new Whitehall department if he wins the general election.

He wants to break up Ed Balls' Department for Children, Families and Schools, which was only created in June 2007 by Gordon Brown, and give Mr Duncan Smith charge of a new Department for Children and Social Justice.

Meanwhile an article on timesonline.co.uk illustrates that Duncan Smith is somewhat inappropriate for the role.

Innocence, Ian Duncan Smith warns, is being destroyed by children's television and computer games. We are driving children to lose their childhood, and some video games are incredibly violent, like Grand Theft Auto. They are meant to be 18 but nobody cares what it says on the label.

Politicians also need to do more to deal with alcohol abuse. We are an alcohol-obsessed country, more than almost anyone else in the world, but in Westminster they are terrified of doing anything about it. They are scared stiff of upsetting the electorate. I would hope Cameron is brave enough to confront that. Alcohol is every bit as dangerous as illegal drugs. You can argue that it's more dangerous than heroin because it's easier to get.

There should, he says, be a swingeing tax on all wine, beer and spirits. We are into unpopular territory now, but to deal with something like alcohol that is damaging the fabric of the nation, we need to raise prices. There is a direct connection between the price of alcohol and consumption.

He also thinks the 24-hour licensing laws must be reversed. This was absolutely driven by the drinks industry, determined to sell more alcohol.

James Coleman, the mean minded deputy leader of Glasgow City Council, is at the forefront of the End Prostitution Now initiative, which - according to the city council - has attracted support from MSPs, fellow councillors, unions and religious nutters.

West Renfrewshire MSP Trish Godman is one of the supporters. She has now poposed legislative amendments in the Scottish Parliament as follows:

Engaging in, advertising and facilitating paid-for sexual activities

11A Engaging in a paid-for sexual activity

(1) A person (A) commits an offence, to be known as the offence of engaging in a paid-for sexual activity, if A knowingly engages in a paid-for sexual activity with another person (B).

(2) A sexual activity is paid for where B engages in that activity in exchange for payment.

(3) For the purposes of subsection (2), it is immaterial whether the payment is made—

(a) by A or by another person, or
(b) to B or to another person on B's behalf.

11B Advertising paid-for sexual activities

A person commits an offence, to be known as the offence of advertising paid for sexual activities, if that person knowingly advertises, by any means, the availability of sexual activities that can be engaged in for payment.

11C Facilitating engagement in a paid-for sexual activity

(1) A person (A) commits an offence, to be known as the offence of facilitating engagement in a paid-for sexual activity, if A knowingly facilitates the engagement of another person (B) in a paid-for sexual activity with another person (C).

(2) A sexual activity is paid for where C engages in that activity in exchange for payment.

(3) For the purposes of subsection (2), it is immaterial whether the payment is made—

(a) by A, by B or by another person, or
(b) to C or to another person on C's behalf.

(4) For the purposes of subsection (1), facilitating the engagement by B in a paid for sexual activity includes (but is not limited to)—

(a) arranging B's engagement in the activity,
(b) making payment to C or to another person on C's behalf,
(c) making available premises in which the activity takes place, or
(d) transporting B, or arranging transport for B, to where the activity takes place

Any crackdown on sexual imagery in goods aimed at children would be fraught with difficulties, a new Holyrood report has found. The study also said that relatively few goods of this nature were aimed at children in stores. 

Holyrood's equal opportunities committee commissioned independent research after hearing in evidence sessions that items such as high-heeled slip-on shoes were available for babies and underwear items for girls had sexual slogans printed on them.

Attention was also drawn to Bratz dolls, which were condemned by the NSPCC as increasing the sexualisation of children.

The report, which has not yet been passed by the committee, said: The attempt to control the production and distribution of sexualised goods, or at least control children's access to them, is likely to be fraught with difficulties, not least in terms of how we define what is to be regulated in the first place. While it did not discourage any attempt to impose controls, it said it could be costly and have counterproductive consequences.

Many of the stores surveyed for the report, such as Tesco, Littlewoods, Debenhams, D2 Jeans and Marks & Spencer did not sell any goods with sexual imagery aimed at children.

However, Sandra White MSP, who had sat on the committee, did not accept the report's assertions. She said: This sounds like a cop-out, and I would hope the committee would reject this part of the report. I don't see how it would be difficult to control. We've just banned cigarette machines and advertising, so why can't we look at legislating (to protect] young people from sexual imagery?

Ed Mayo, co-author of Consumer Kids, a critical study of children's marketing, who gave evidence to the committee, agreed with Ms White: It's a wonderful piece of academic research, but what it doesn't do is come off the fence. We know children are exposed to sexual material more than before, but what it's difficult to work out through this study is where the responsibility lies. There's no one group that is responsible for pushing too much too young to children. Everybody is. It's a good overview, but it leaves a question mark as to what schools can do, what parents can do and what the Scottish Government can do to act on this.

The study was led by Professor David Buckingham, from the Institute of Education at London University.

Dutch MP Geert Wilders will travel to London on March 5 to show his short video compilation Fitna at the invitation of two members of the British upper house of parliament, the House of Lords.

Last February Wilders was refused entry to Britain to screen his film because the government said his presence would be a threat to public order.

But in October, a British immigration tribunal ruled Wilders should not have been refused entry.

The Video Recordings Bill was given Royal Assent as scheduled on 21st January 2010.

The law comes into force immediately.

House of Lords Questions
11th January 2010

Lord Patten asked the government what is their stance on the resolution promoted by the Organisation of the Islamic Conference before the United Nations General Assembly on the defamation of religion.

The Minister of State, Foreign and Commonwealth Office (Baroness Kinnock of Holyhead): The Government share the concern of the Organisation of Islamic Conference that individuals around the world are victimised because of their religion or belief. We all need to do more to eliminate religious intolerance and to ensure that those who incite hatred or violence against individuals because of their religious beliefs are dealt with by the law.

But the Government cannot agree with an approach that promotes the concept of defamation of religions as a response. This approach severely risks diminishing the right to freedom of expression. We believe that international human rights law already strikes the right balance between the individual's right to express themselves freely and the need for the state to limit this right in certain circumstances. International human rights law provides that only where advocacy of religious hatred constitutes incitement to discrimination, hostility or violence should it be prohibited by law.

We believe that the concept of defamation of religions puts in danger the very openness and tolerance that allows people of different faiths to co-exist and to practise their faith without fear. It risks changing the focus of international human rights law from examining how countries promote and protect the right to freedom of expression to censoring what individuals say. If this happened, people might feel unable to speak out against human rights abuses or hold their government to account. It is also inconsistent with the international human rights legal framework which exists to protect individuals and not concepts or specific belief systems.

For this reason the UK, along with our EU Partners and other like-minded countries, voted against the resolution put forward by the Organisation of Islamic Conference at the 64th session of the UN General Assembly on Combating Defamation of Religions.

The Video Recordings Bill has received its 3rd Reading in the House of Lords on 20th January 2010.

The bill is scheduled to receive Royal Assent and come into immediate effect on 21st January.

So once again all videos and DVDs have to be vetted by state appointed censors and ludicrous restrictions, such as a ban on mail order porn, are restored.

55 British Members of Parliament (MPs) have condemned Uganda's Anti-Homosexuality Bill.

They have signed an Early Day Motion (EDM 575) in the UK Parliament, urging the scrapping of the Bill. Support for the parliamentary motion comes from across the political spectrum, from left to right. Many more signatures are expected as MPs return to the House of Commons.

The EDM, drafted by east London Labour MP Harry Cohen, urges the Ugandan government to uphold international humanitarian law by abandoning the Anti-Homosexuality Bill, decriminalizing same-sex acts between consenting adults in private, and outlawing discrimination against gay people.

That this House calls on the British Government and the European Union to press the government of Uganda not to proceed with the Anti-Homosexuality Bill, which violates the equality and non-discrimination provisions of the Universal Declaration of Human Rights and the African Charter of Human and People's Rights; abhors that this Bill, currently before the Uganda parliament, proposes the death penalty for repeat homosexual acts, extends the existing penalty of life imprisonment for anal intercourse to all other same-sex behaviour, including the mere touching of another person with the intent to have homosexual relations and imposes life imprisonment for contracting a same-sex marriage; notes that under the provisions of the Bill membership of providing funding for gay organisations advocating gay human rights and providing condoms or safer sex advice to gay people will result in a sentence of between five and seven years for promoting homosexuality and that a person in authority who fails to report offenders to the police within 24 hours will incur a three year prison sentence; further notes that this monstrous proposed law contains extra-territorial jurisdiction so that it will apply to Ugandans who breach its provisions whilst living abroad, even in countries where such behaviour is not a criminal offence, and that such Ugandans living overseas could be subject to extradition, trial and punishment in Uganda; and demands that the Ugandan government uphold international humanitarian law by abandoning the Anti-Homosexuality Bill, decriminalising same-sex acts between consenting adults in private, and outlawing discrimination against gay people.

We hope this motion will send a signal from the British parliament to the Ugandan government that the Anti-Homosexuality Bill constitutes an outrageous attack on the human rights of Uganda's lesbian, gay and bisexual citizens, said Peter Tatchell of the London-based gay human rights group OutRage!

Even if the death penalty is dropped, the Bill will still be unacceptable. It will still violate the equality guarantees of international human rights agreements, such as the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights, added Tatchell.

The Video Recordings Bill has received its 2nd Reading in the House of Lords on 18th January 2010. The bill was unopposed and the short debate centred on the legal status of past prosecutions.

The committee and report stages were rubber stamped with no amendments or debate

The 3rd reading is now scheduled for 20th January 2010 and the bill will then come into force immediately on Royal Assent.

My bill would exempt small venues from the absurdities of the Licensing Act, which is stifling emerging artists

In November last year, Britain's Got Talent finalist Faryl Smith performed a song for her fans at an album signing at HMV in Kettering, Northamptonshire. The local council immediately threatened HMV with criminal prosecution because it hadn't applied for a licence.

Back in May, the headteacher of a school in Daventry had to scrap the annual musical when he was told he risked a £20,000 fine or even imprisonment because the school hadn't got a licence for the show.

And locals in Gloucestershire were bitterly disappointed last summer when a free brass band concert was cancelled at the last minute.

What links all these ridiculous situations is the Licensing Act, which stipulates that all live music performances need a licence, whatever the venue.

It is a result of these absurdities that I have introduced the live music bill which has just received a second reading in the House of Lords.

Small venues are vitally important to Britain's creative culture. Many of our most successful and popular musicians started their careers gigging in bars, student unions or cafes. The decrease in live music in small venues, as evidenced by the DCMS's most recent substantive survey into the act, is potentially denying us a generation of new performers.

The bill – which has the support of UK Music, the Musicians Union, Equity and the National Campaign for the Arts – amends the Licensing Act in three respects.

First, the bill establishes an exemption for live music in small venues. The exemption applies to a venue that has a licence for the sale of alcohol and has a permitted capacity of not more than 200 people. The live music can also only take place between 8am and midnight on the same day. This exemption is conditional on a mechanism that can trigger a local authority review and make live music in a venue licensable if complaints by local residents are upheld.

Second, the bill reintroduces the two-in-a-bar rule so that any performance of unamplified and minimally amplified live music of up to two people is exempt from the need for a licence.

Finally, the bill contains a total exemption for hospitals, schools and colleges from the requirement to obtain a licence for live music when providing entertainment where alcohol is not sold, and the entertainment involves no more than 200 persons. This will enable schools, colleges and hospitals to perform concerts and music therapy treatments which currently require licences.

The government's consultation on this issue is flawed. The proposed exemption for up to 100 people is inadequate. The live music bill, supported by the recommendation of the House of Commons culture, media and sport committee, proposes that a figure of 200 would result in a more effective exemption.

The timing of the consultation and the process by which an exemption can be achieved is also put in jeopardy by the imminent general election which means the bill presents the most realistic opportunity to get a small gigs exemption in place this year. You can demonstrate your support for the bill by signing up to the No 10 Downing Street petition in support of the bill's aims.

Transcript from Legislative Consent Motion Executive Committee Business Northern Ireland Assembly debates, 11 January 2010

Nelson McCausland (DUP): I beg to move

That this Assembly endorses the principle of the extension to Northern Ireland of the Video Recordings Bill.

This is a short Bill that will repeal and revive certain provisions of the Video Recordings Act 1984. The Bill is needed because it has recently come to light that penalties for offences under that Act are unenforceable. That is due to a failure to notify certain provisions in the 1984 Act and the labelling regulations that were made under it to the European Commission under the European Union's technical standards directive. The aim of the Video Recordings Bill is to rectify that situation.

The Video Recordings Act 1984 introduced a system of classification for video films and some video games. It created a series of offences concerning the supply of classified videos and video games to persons under certain ages. The 1984 Act also contains offences concerning the supply of unclassified material. The Act requires that videos, DVDs and certain boxed video games would be classified by the British Board of Film Classification. It makes it illegal to supply unclassified material and to supply age-restricted material to people below the specified age rating. It also limits distribution of adult films material.

Video and film classification is a transferred matter, because it is not listed in schedules 2 or 3 to the Northern Ireland Act 1998. The criminal law, and the creation of offences and penalties, remains expressly reserved under paragraph 9 of schedule 3 to the 1998 Act until the devolution of policing and criminal justice matters takes place. Without the repeal and revival of the Video Recordings Act 1984, the penalties for offences under that Act are unenforceable, and we are unable to protect the public and our children from the distribution of inappropriate and offensive material.

When passed, the Video Recordings Bill will come into force and will become the Video Recordings Act 2010. It will extend to England, Wales and Scotland, and, if the Assembly agrees to the legislative consent motion, it will extend to Northern Ireland. Consent for Northern Ireland's inclusion in the Bill has been sought from the Committee for Culture, Arts and Leisure and from the Executive.

Both have given their consent to proceed with the proposed Bill. The Assembly must now consider the principle of extending the Bill to Northern Ireland. We need a united approach to video and film classification across the United Kingdom, including Northern Ireland, and to the matter of criminal offences and penalties, as well as the enforcement mechanism for those offences.

Our children and vulnerable adults must be protected. I hope that Members will agree and support the motion, which has been designed to allow a parallel timetable for delivery and to ensure that the legislation continues to be consistent across the United Kingdom.

Barry McElduff (Sinn Féin)

The Committee for Culture, Arts and Leisure considered the legislative consent motion on the Video Recordings Bill at its meeting on 3 December 2009. The Committee had been briefed by departmental officials on the implications of the Bill three weeks earlier on 12 November 2009.

The Committee agreed, on a without-prejudice basis, to support the motion, which will see the extension of the provisions of the Video Recordings Bill to this region. The Committee understands that the purpose of the Bill is straightforward, as the Minister outlined. Its purpose is to repeal and revive the existing provisions of the Video Recordings Act 1984 in order to make the criminal offences in that Act enforceable. That will mean that proper public protections are in place around the supply and classification of age-related films and video games. The Committee welcomes that move and the positive implications for protecting children and young people.

The Committee welcomes the extension of the provisions of the Video Recordings Bill to this region, and I commend the motion to the House.

..followed by supportive speeches from other parties and members...

Question put and agreed to.

Resolved: That this Assembly endorses the principle of the extension to Northern Ireland of the Video Recordings Bill.

Andrew Dismore (Hendon) (Lab):

I beg to move, that leave be given to introduce a Bill to extend the criteria under which music and sports video works and documentaries lose their exemption from classification.

Although we passed-or perhaps I should say re-passed-the Video Recordings Bill last week, for technical reasons of urgency it was not practical to propose amendments at that stage. However, some small but highly significant amendments are needed to ensure a more robust regime for child protection. As chair of the Joint Committee on Human Rights, I am an ardent supporter of the right to free speech and expression, but I acknowledge the need for a system of regulation that protects children from harmful content in film, videos and DVDs.

At the current time, we have a very effective system of classification. The British Board of Film Classification undertakes extensive research into public opinion about what is acceptable content. The BBFC also takes account of research evidence and the advice of psychologists, health care professionals and the police, among others, to produce guidelines, which are updated every four years, that ensure that the content that reaches children in the UK legally in the form of film, DVDs and videos is of an age-appropriate nature and is not harmful to them.

However, there are gaps in the current regime covering videos and DVDs under the Video Recordings Act 1984-the VRA-and that is what my Bill aims to address. The VRA permits a number of exemptions to the classification regime. Currently they relate not only to video games but to other video works such as music and sports videos. When the Act was passed in 1984, the assumption was that such works were unlikely to cause any concern. My right hon. Friend the Secretary of State for Culture, Media and Sport has recognised that the regime for video games needs to be updated, and the Digital Economy Bill, currently in the other place, is intended to do so. As an aside, it is important to note that in doing so it should in no way undermine the classification regime for linear-non-interactive-material by confusing the responsibilities of the BBFC and those of the Video Standards Council, which is intended to be the statutory authority for classifying video games.

Except in relation to video games, exemptions are unfortunately not addressed in the Digital Economy Bill. That is a missed opportunity and the reason why I have chosen to bring forward my Bill, which would extend the criteria under section 2 of the VRA to result in specified video works losing exemption from classification. At present, exemption can be claimed for video works such as music and sports videos, which can be very popular with children. Those videos can then be sold to children perfectly legally, even if they contain material that is potentially harmful. My Bill is not intended to extend the VRA to all such exempted works, only to those that contain content that is potentially harmful, such as graphic violence, sexual content falling 12 Jan 2010 : Column 561 short of actual sexual activity, imitable dangerous behaviour and drug use. Harmless video works of football matches or artists from the The X Factor would remain exempt.

I have seen some of the less benign sport and music videos myself. For example, the Ultimate Fighting Championship's UFC Best of 2007 is a combat video featuring martial arts and other fighting techniques. It is available on the high street to any child because its distributor has, quite legally, claimed exemption from BBFC classification under the VRA. It therefore carries no age rating or consumer advice. It contains close-up images of bloody and sustained head blows, which are replayed in slow motion from every conceivable angle to ensure that the best possible view is given of the moments of impact.

Another work that I have seen is Motley Crüe's Greatest Video Hits, which features topless lap dancing and a George W. Bush lookalike in a limousine with a prostitute. The packaging carries an E for exempt rating. Gorgoroth's Ad Majorem Sathanas Gloriam features bloody bodies being crucified and a sheep's head on a spike. The American band Slipknot is hugely popular with children, some as young as 10, as well as with teenagers. As expected from the band's reputation, its 10th anniversary DVD features strong content designed to offend parents. Among the most concerning images are those of the consequences of self-mutilation carried out by two teenage girls who have carved the name Slipknot into their arm and torso respectively, yet the video carries a letter E in a green triangle indicating that it is exempt from VRA classification.

Those are all works that parents could and should legitimately expect to be regulated, yet under the current legislation they can all be sold legally without any age restriction. Indeed, it is worth noting that some of that material is rated and age-restricted in other countries. For example, the German film classification body rated the Slipknot DVD as suitable only for those aged 16 and above and the Gorgoroth DVD as suitable only for adults.

Trading standards officers would welcome the power to prosecute the supply of such unclassified works, but believe that the current legislation exempts them because, for example, they do not contain gross violence, which is a very high threshold, or actual sexual activity. Local Authorities Co-ordinators of Regulatory Services, which represents local authorities on this matter, and the BBFC both support my Bill's minor amendments to section 2 of the VRA in order to broaden the criteria that determine when a video work loses its exemption. Such amendments would enable law enforcement agencies to prosecute the supply of video works that are currently exempted, to protect children from potentially harmful media content.

I understand that the Government believe that the enforcement authorities can already take such action. However, the view of those who actually have that responsibility is that they cannot, because of the very high bar set by the VRA in order to lose an exemption. For example, had the Slipknot DVD shown the two girls actually in the process of mutilating themselves with a sharp blade, that may well have constituted gross violence under the VRA, but showing the scars after the event almost certainly does not constitute violence sufficient to lose exemption from classification.

Many responsible members of the home entertainment industry voluntarily seek classification certificates for exempted video works that contain such potentially harmful material. Members of the British Video Association-the BVA-do so even though they are not legally obliged so to do. Their actions in this regard are to be commended. I understand that BVA members support amendments to the Video Recordings Act that would make it a legal obligation on distributors to have potentially harmful material classified, as proposed in my Bill, but there are distributors who do not take the same responsible attitude. That lack of a level playing field serves only to add to consumer confusion.

A parent looking through a shelf of music or fighting videos, some of which are rated 15 or 18, but some of which are marked E for exempt, is likely reasonably to draw the conclusion that the E video is suitable for younger children. Otherwise, the parents would assume, surely it would have been classified. Yet often, the content of E for exempt videos is virtually identical to or worse than that of an age-restricted product. I would therefore like to urge my hon. Friend the Minister to support this Bill.

To conclude, this Bill is aimed at modernising the VRA and improving consumer-and most particularly-parental empowerment, to protect their vulnerable children from harmful video material. I commend this Bill to the House.

Question put and agreed to.

Ordered, that Mr. Andrew Dismore, Mike Gapes, Rob Marris, Mr. Virendra Sharma, Mr. Edward Timpson, John Austin, Ms Karen Buck, Clive Efford, Mr. John Whittingdale, Judy Mallaber and Keith Vaz present the Bill.

Mr. Andrew Dismore accordingly presented the Bill.

Bill read the First time; to be read a Second time on Friday 26 February and to be printed.

The Video Recordings Bill completed all Parliamentary stages in the House of Commons on 6 January 2010 without opposition and has now passed to the House of Lords for consideration.

Thanks to Alan:

Scarcely credible! Is it actually compulsory to be a sanctimonious twat in order to stand for parliament? Do these deeply unsavoury see-you-next-Tuesdays ever consider that no other major European country finds it necessary to have home videos approved by a censorship body?

It confirms me in my long-held belief that there's only one person to enter parliament whose motives were beyond reproach - and we remember him on the fifth of November.

The Video Recordings Bill completed all Parliamentary stages in the House of Commons on 6 January 2010 without opposition and has now passed to the House of Lords for consideration.

During the short debate Keith Vaz got a few whinges in:

Keith Vaz (Leicester East, Labour):

Does the Minister intend, in his speech, to touch on the Byron review and the Government's commitment to prevent violent video games falling into the hands of young people? Are the Government still committed to the conclusions of Byron? Will the recommendations be implemented in full? When will the Digital Economy Bill come before the House? It deals with all the other issues that the Minister cannot deal with in the context of the present Bill.

Siôn Simon (Parliamentary Under-Secretary, Department for Culture, Media and Sport; Birmingham, Erdington, Labour):

I am grateful to my right hon. Friend, who is a tireless advocate of his views on the subject. Yes, the Government are committed to Byron and to child safety. The work of the Internet Watch Foundation and the Department for Children, Schools and Families-led group that has been set up in an unprecedented way across Government to look at all child safety issues online is very important, groundbreaking and central to what the Government are doing. As my right hon. Friend knows, those are matters not for today, but for the Digital Economy Bill, which is now in another place.

Keith Vaz: I am grateful to the Minister for giving way to me a second time. He talked about the boxed games. One of the concerns is that when people buy video games, there is not sufficient notice on those games that they have adult content, which is central to what the Video Recordings Bill hopes to do-to ensure proper enforcement. Is there anything in the proposal or in any measure that the Government propose to introduce in the near future that will ensure that when retailers sell such games, it is clear that they have adult content-that is, by increasing the very small notification on the box that it is an adult game?

Siôn Simon: As my right hon. Friend knows, child safety, boxed games, and good information that is readily understandable by the public when adult content is included in games or DVDs are central to our approach and to the Byron recommendation that content should be clearly labelled and that content unsuitable for children should not be made available for children.

However, that is not a matter for today. None of the provisions that we are discussing today in this short two-clause Bill will affect that in any way. The size of the rating symbols on the boxes is a subject which I know my right hon. Friend and I will discuss at length in the Committee stage of the Digital Economy Bill. I look forward to that, but it is not something that I should be diverted into discussing today.

And on the subject of exempting games and sports videos from censorship:

Edward Vaizey (Shadow Minister (Arts), Culture, Media and Sport; Wantage, Conservative):

There is some concern that music and sports videos remain exempt from classification. Again, that exemption could have been removed in a draft submitted to the European Commission. There is overwhelming support for removing the exemptions. There is not a shred of logic or intellectual credibility to keeping music and sports videos exempt. Why should something be exempt just because it is of a particular genre? As I said to the right hon. Member for Leicester, East, we are worried about inappropriate content being distributed to minors and adults. Whether it is in a video game, DVD, film, a music video or something related to sport is irrelevant. The exemption is bizarre. I am sure that the right hon. Gentleman agrees-he is nodding.

Keith Vaz: I do not agree that we are talking about the same thing. A film with inappropriate content is not interactive. The point about video games, which is backed up by research from America, is that the player is part of the process. Players shoot and stab people in a video game, and that is different. I accept that inappropriate content is wrong, wherever it is found, but video games are different.

Edward Vaizey: I continue to assume that the right hon. Gentleman is against hardcore pornography and offensive content. For example, a video by the band Slipknot, which includes self-mutilation by teenagers, remains unclassified. Before we get into a debate on censorship, I am not saying that that content cannot be viewed by responsible adults, or that the video by Motley Crüe, which depicts a George Bush lookalike with a prostitute, could not be viewed by responsible 18-year-olds. However, I think that all hon. Members agree that it should not be viewed by a 10-year-old, and should therefore be classified so that parents know, if their 10 or 11-year-old comes home saying, I've got the latest Motley Crüe video exactly what it could contain. It is extraordinary that music and sports videos are exempt. We will continue to press for the removal of that exemption. However, we are where we are; the Bill has been introduced in its current form and we do not intend to stand in its way.

...

To pick up on the comments of the right hon. Member for Leicester, East about the Byron report, which focuses on keeping children safe in a digital world, I am genuinely interested in the Under-Secretary's thoughts about how and whether content should be regulated online. As he knows, an increasing number of video distributors submit their films for classification to the BBC for an online rating, but obviously more unscrupulous dealers do not do that. The legislation does nothing to ensure that there are any sanctions against people who distribute videos online.

Keith Vaz (Leicester East, Labour):

...

My second point is about the general debate concerning video games. I am keen not to stray beyond the measures of the Video Recordings Act 1984, but there were some very interesting comments from the Front Benches about their commitment to ensuring that the thriving and innovative video games industry in the United Kingdom, and particularly in London, survives. I am not against what is being proposed, and I have never been in favour of censorship; I have always been very clear that those who are aged 18-plus should be able to buy and watch whatever video games they want. Those who are not sufficiently old should not be able to do so, however, and those retailers who are prosecuted under this Act must be dealt with very severely indeed.

I say that because I disagree with the hon. Member for Wantage, in that I do not believe that watching a film is the same as participating in a video game. I know that you, Mr. Deputy Speaker, have very young grandchildren, and I have children aged 14 and 12. A huge amount of research has been done on the issue, and it has been found that a half of all eight to 11-year-olds use the internet without adult supervision. I do not know how many Members present have children or grandchildren aged between eight and 11, but it is a real worry that a half of those in that age group are not supervised by adults when using the internet.

Some parents take the home computer out of their children's rooms and put it in a room where everyone has access to it so that they can watch over what their children are doing online. Parents have different ways of dealing with that issue, but the fact is that watching a violent film is different from participating in a video game. If a young person gets hold of Modern Warfare 2, for example, they will be asked to participate in a terrorist attack; they will be asked to shoot at civilians in Moscow airport as part of the game. That is why the Russian Government have banned Modern Warfare 2; they felt that in an age when we are trying to educate our children about the need to understand the dangers of extreme violence, we should not place in their hands, under the guise of entertainment, games that allow them to act in a violent way.

I am grateful to the Minister for what he said about the Digital Economy Bill coming before this House soon, and it is always the hope of Ministers that such Bills will come to the House from the other place quickly, but I have counted that we have just 35 working days from now until 31 March. Nobody knows when the next general election will be held, of course, but there are only 35 complete working days in which legislation can be addressed in this House.

John Whittingdale (Maldon & East Chelmsford, Conservative):

The right hon. Gentleman refers to Call of Duty: Modern Warfare 2. It is already rated 18 and therefore it is already illegal to sell it to somebody who is under age, without the Digital Economy Bill needing to be passed. I do not disagree with the right hon. Gentleman on the necessity of passing that Bill, but there are already provisions in place that prevent children from playing that game.

Keith Vaz:

...

The Byron recommendations must be implemented in full, as doing so will help to strengthen what the Government are trying to do enormously. As far as video recordings are concerned, I pay tribute to what the Government have done over the past few years. There has been a huge leap forward since I first took up this issue, along with others, after young Stefan Pakeerah, from Leicester, was stabbed to death in a park in Leicester in circumstances similar to those found in a video game watched by his killer, Warren Leblanc. I know that the judge in that case said that there was no connection, but the mother of the young boy stabbed to death felt very strongly that there was. Following subsequent meetings with two Prime Ministers and many Ministers, the Government have pushed forward on the matter.

I welcome what the Government have done, but it remains the case that any Member of the House can walk into any video store subject to the Video Recordings Act 1984, pick up a box set and see a tiny-it is still tiny-reference to the age limit for those playing the game. Through various campaigns involving people on all sides, we increased the 18 certificate sign from about the size of a 1p piece to probably the size of a 10p or, possibly, 50p piece. Actually, we have always said that, as with cigarette packets, splashed across the front of a violent video game should be the fact that it has adult content-and good luck to over-18s who wish to buy it! That would bring the fact to the attention of retailers who might, sometimes inadvertently, sell the game to someone under the age of 18.

I was interested to hear the statistics put forward by the hon. Member for Wantage on the number of stores that have been prosecuted. I have been after those statistics for some time. They are good news. The last time some mystery shopping was done-Trevor McDonald on one of his ITV programmes sent in a load of under-18 mystery shoppers-they were sold video games for over-18s, but the stores were not prosecuted. I welcome the fact that the figures are quite high. We are going through the bother of trying to get the Bill through quickly, and we should send out a message that legislation passed by the House will be implemented and that those who break the law will be prosecuted.

Don Foster (Bath, Liberal Democrat):

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I share the concern expressed by the current shadow Secretary of State for Culture, Media and Sport, Mr. Hunt, about DVDs and videos relating to sport, religion and music that do not carry ratings but which often contain material that many of us would think inappropriate, in particular for sale to young people. Such videos include self-mutilation, erotic dancing, sex toys, drug use and so on.

The Minister's officials have made clear a point that was not picked up by the hon. Member for Wantage. They have said:

Music, sports or religious videos lose their exemption from classification if they depict sexual activity, mutilation, gross violence or other practices likely to cause offence, and that in those circumstances, it is for the appropriate enforcement authorities to take action.

The implication is that there is no need for an amendment, because other bits of legislation could be used to prosecute people distributing such material. I would be grateful if the Minister could clarify that issue, because it is one that those in probably all parts of the House want to be resolved. My concern is to find out the means by which it is going to be resolved, or whether the Minister believes, as his officials appear to be saying, that there is no problem and that action can be taken under existing legislation.

And on the subject of online distribution:

John Whittingdale:

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I wish to make a few observations about the Video Recordings Act 1984. I always approach any such legislation with some suspicion, as I am fundamentally opposed to censorship. I believe that in a free society it is up to adults to choose what they wish to see, but there are two important qualifications to that. The first is that there will always be some material that is so unacceptable in its violent or explicitly sexual content that it is deemed to be damaging to people to view it. I accept that, and some examples have been given in the debate.

I shall return to that matter, but perhaps more important is the fact that while adults are free to choose, we have always accepted that children require protection. I join right hon. and hon. Members in paying tribute to the work of the BBFC. It is in the area of age classification that some of the most difficult decisions have to be taken. The film that required perhaps more cuts than any other, some time ago now, was Teenage Mutant Ninja Turtles, because the distributor was keen that it should be given a certificate that meant children were able to see it. The BBFC felt that it contained inappropriate material, and there was lengthy negotiation. A lot of the controversy about films such as The Dark Knight and Casino Royale is about whether they should appropriately be a 12 or a 15.

The virtue of the 1984 Act was that it extended that protection, which already existed in cinemas, to viewing in the home. The Minister gave the statistics on the extent to which viewing in the home has taken off in the past 20 years. When the Act was originally introduced back in 1984, it was accompanied by a degree of what one can only call hysteria about video nasties, and it is worth reflecting on what has happened to some of the most notorious examples of films that were widely cited at that time.

The then Minister, Mr. David Mellor, named three films in the course of the debate. The first was The Driller Killer, which was banned after the passage of the 1984 Act but then released uncut in 2002, and last night I checked and found that it is available on Amazon for £3.98. The second was Zombie Flesh Eaters. That, too, was banned under the Act but then released uncut in 2005 and can now be found on Amazon at £5.98. The third was I Spit On Your Grave, which was also on the list of prosecutable movies until 2001 but was then released, although with substantial cuts made by the BBFC, and is now widely available. Perhaps the most remarkable example is a film that was on the Director of Public Prosecution's list of films that were banned, Sam Raimi's The Evil Dead, which at the time was regarded as wholly unacceptable but, indicating how tastes change, two years ago was given away free with copies of The Sun as a promotional move.

There is no question but that tastes change and that we have become more liberal, which I welcome. However, as I said, there will always be films that go beyond what is generally regarded as acceptable. The Minister mentioned one particular film, Grotesque. Two films were banned by the BBFC in 2008. The first was Murder-Set-Pieces, described as having scenes in which a psychopathic sexual serial killer...is seen raping, torturing and murdering his victims.

The second has the unlikely title of The Texas Vibrator Massacre-I leave its contents to the imagination of hon. Members. I shall return to those two films in a moment.

My hon. Friend Mr. Vaizey made the important point that there are loopholes in the existing legislation, which existed for good reasons at the time. It was not regarded as possible that a video concerning music or sport could be unacceptable. That loophole has undoubtedly been exploited. I hosted a dinner that the BBFC gave in the House just before Christmas, at which it showed us examples of some of the material that is now available in music videos and sports games that does not require certification because of the loophole in the 1984 Act. I understand why the Government did not feel able to address that matter in the Bill, but I share the wish that has been expressed that the loophole should be closed, and I hope that it will be in the Digital Economy Bill.

The second main point that I wish to make is that at the time of the passage of the 1984 Act, the world was completely different. Mr. Graham Bright, the Member who moved Second Reading, said that he defined a video recording as a video tape or video disc. It is thus a physical product.-[ Hansard, 11 November 1983; Vol. 48, c. 525.]

Of course, it is now not necessarily a physical product. More and more video is being made available through online distribution, which at the time perhaps could not even have been conceived. We are seeking to address that through moves such as those by the BBFC to impose a voluntary system of regulation, but the films that we are concerned about are now very widely available. I return to the two that I mentioned, Murder-Set-Pieces and The Texas Vibrator Massacre. I checked last night and found that both those films are widely available through file sharing sites. An internet search for either with the words download or bit torrent will bring up any number of sites from which one can obtain them. Equally, they are available through cyberlockers. Both are on Megaupload and RapidShare and can be accessed without any attempt to verify the age of the person downloading them. There is serious concern about how we can continue to protect young people when it is now so easy to obtain such films.

We will debate the matter at greater length when we come to the measures against piracy through illegal file sharing that the Government are proposing to take in the Digital Economy Bill. It is worth remembering that it is not just protection of copyright that is at stake when we consider file sharing. There is equally the concern that it is being used to circumvent the protections that the House has put in place. In the most extreme cases, as I am sure the Minister will be aware, child pornography is being widely distributed through illegal file sharing. That is another reason why I share with other hon. Members the view that it is important that we get the Digital Economy Bill on to the statute book.

Having said that, I agree with the Minister that the majority of distribution of video content will still be through physical product for the foreseeable future, so it is certainly important that the Bill should be passed today and that we should reinstate the protections that we thought were already in place. However, there is a danger that we will be seen to be bolting the front door when the back door is wide open, and we will have to consider that in future.

That leads me to the more general conclusion that I suspect that there is nothing that this House can do to legislate to prevent the distribution of material online from sites that may be located on the other side of the world. When we consider what it is appropriate for people to view, we must remember that that is a matter for adults to decide. The most effective means that we can have to protect children is for parents to exercise responsibility, watch carefully what their children are doing and ensure that they are not obtaining access to content that could be damaging to them. I support the Bill, but I fear that it is beginning to look increasingly old-fashioned and outmoded given the extraordinary pace of development throughout the video sector.

Siôn Simon:

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We have already congratulated the British Board of Film Classification on the job that it does, by which we meant the job of classifying films, but I think I ought also to congratulate it on the job that it does in lobbying Members of Parliament and providing briefing for these debates. Rarely can the entire participating body in a debate have been so thoroughly and extensively briefed by a single organisation. I visited the BBFC's offices fairly recently and heard its arguments about one or two aspects that we may not see in exactly the same way, but I think we are in accord on most of the issues that Members, in their different ways, have discussed today: that is, the central issues.

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I am not sure whether I have fully covered the question of appeals and compensation, but in the absence of further interventions, I shall proceed to answer the questions about the potential for insertion of what might be described as the PEGI clauses of the Digital Economy Bill, which introduce the PEGI European classification system for video games in this country into this Bill.

One of the fundamental reasons why the House has considered the Bill, and why Opposition parties in both Houses have indicated that they consider it appropriate to fast-track it, is that we are not amending an existing piece of legislation which has been in force for 25 years. If the two main Opposition parties had come to us in advance and said We think it important to include the PEGI clauses, we might have been able to discuss the matter, but I do not think that that happened. We needed to act swiftly, and, legitimately, to use the special fast-track procedure. Part of the reason for concertina-ing the House's usual precautionary procedures was that we were making no change whatsoever. The point is that we need to get the legislation repealed and revived so that it can be amended during the passage of the Digital Economy Bill.

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John Whittingdale: Is it the Government's intention to accept the other amendment that has been tabled to the Digital Economy Bill, which would remove the exemption for sport and music videos?

Siôn Simon: As things currently stand, we are not minded to accept that amendment, although I am not averse to talking about it. I take note of the uniformity of view on that matter, on the Labour Benches anyway. However, I know from my recent visit to the BBFC that it takes the strong view that we should make this change, and the BBFC is very influential in these matters.

Edward Vaizey: I should remind the Minister that on Tuesday one of his own Back Benchers, Mr. Dismore, is introducing a ten-minute Bill that would bring about this exemption, so there is all-party support for it.

Siôn Simon: I take that point. I do not have a strong, dogmatic view on this. I have considered it, and on balance I have come down on the side that says that given that it is about where we draw the line, the vast majority of content in music and sport videos does not need to be classified in this way, to the extent that it would be an intolerable burden. That is a reasonable position, and that is where I stand. We are not currently minded to accept an amendment to the Digital Economy Bill to that end, although I do not take a dogmatic view on it.

As time winds down to the general elections, the UK government is attempting to push-through the Digital Economy Bill.

MCVUK reports that, while some aspects of the bill are still hotly contested, politicians are hoping to fast track at least some elements of the bill, including making the Pan-European Game Information PEGI ratings system enforceable by law.

Don Foster, Bath MP, stated: Swiftness is the essence of why we are here today. It is vital that we get back on to the statute book, as quickly as possible, legislation that provides protection against the sale of inappropriate material to children and counters the ability of people to sell pirate DVDs and so on.

Shadow Culture Minister Ed Vaizey added: The Digital Economy Bill will amend the 1984 Act and bring video games into a system of statutory classification using the European rating system known as PEGI—pan European game information. Broadly speaking, hon. Members of all parties support that. Everybody recognises that video games should be classified under a statutory system.