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Mr President, there was clear support for the recommended codification of the offences of conspiracy, attempt and incitement and for abolition of the common law offences of conspiracy to corrupt public morals and outrage public decency. The Bill now before the Council seeks to implement the recommendations in the Law Reform Commission's report.
Conspiracy
Let me say briefly what those preliminary offences mean and the proposed codification of the relevant laws. The offence of conspiracy at common law consists of an agreement between two or more persons to effect some unlawful purpose. The Bill's provisions for the codification of the offence of conspiracy are set out in new sections 159A 159E under clause 2 and are based on the provisions in Part I of the English Criminal Law Act 1977. The more significant provisions provide for:
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a statutory definition of the elements constituting he offence of 'conspiracy' is set out in new section 159A(1). Essentially it is an agreement between two or more persons to do an act amounting to or involving an offence. The Law Reform Commission considered that such a definition gives a greater degree of clarity to the law and recommended its adoption;
secondly, the abolition of the two common law offences of conspiracy to corrupt public morals and conspiracy to outrage public decency. This is dealt with in new section 159E. The Law Reform Commission recommended the abolition of these offences on the grounds that they were "of extreme and uncertain width", were "largely subjective and could evolve into a means of suppressing unpopular or religious beliefs". In addition, it was pointed out that the offences served little purpose as they had not been employed in recent years, if at all. There were in any case existing statutory provisions which adequately dealt with obscene public performances, displays and publications.
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