13 - Summary of our proposals

Summary

13.1 Since our specific proposals have been scattered through the discussion contained in the last four chapters, it may be helpful if, finally, we summarise in more compact form the reforms that we propose. We take the opportunity to be slightly more specific about some aspects of our proposals, and to fill in details which it seemed unnecessary to spell out in the course of describing what decisions we had reached.

13.2 We have been conscious that the problems associated with our subject are such that it is not enough for us simply to describe how we think they should be dealt with, even if that description is fairly detailed. What is crucial is that one's proposals should be capable of being translated into legislation which will be rational and workable. It is much harder to settle the concrete form of a law than to say in general terms what it ought to do. This is evident in the existing law, which is unsatisfactory because of the vagueness and uncertainty of its definitions; it must be said that it was also apparent in the evidence of our witnesses, many of whom found it easier to make general statements about pornography or about the scope of the law than to suggest to us how a new law might be framed.

13.3 We therefore felt a need to assure ourselves that our proposals could make effective legislation. We have devoted some time to translating our proposals into the form of a draft Bill, a process which has required us to consider the practical problems that always arise when broad policy is turned into legislation, and to look again at certain aspects of our proposals. The content of Part 3 of our Report takes account of this task we have undertaken, and has in some respects been modified as a consequence of our consideration of the requirements of legislation. As a result, we feel able to offer our recommendations with greater confidence in their practicality. We have not, however, thought it appropriate to publish our draft Bill with our Report. It was not our aim in drafting legislative provisions to produce a measure which in all technical respects would be suitable for enactment in the form in which it stood, and we wished to avoid giving the impression, by publishing it, that it might be.