Awards for Valour (Protection) Bill (First sitting)
(Limited Text - Ministerial Extracts only)
Read Full debateWednesday 1st February 2017
(7 years, 10 months ago)
Public Bill CommitteesAwards for Valour (Protection) Bill 2016-17 Read Hansard Text
This text is a record of ministerial contributions to a debate held as part of the Awards for Valour (Protection) Bill 2016-17 passage through Parliament.
In 1993, the House of Lords Pepper vs. Hart decision provided that statements made by Government Ministers may be taken as illustrative of legislative intent as to the interpretation of law.
This extract highlights statements made by Government Ministers along with contextual remarks by other members. The full debate can be read here
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The Minister for the Armed Forces (Mike Penning)
As the Minister at the Ministry of Defence responsible, I said to the hon. Member for East Renfrewshire before the proceedings started that I am happy to facilitate a meeting in the Department. However, the issue is out of the scope of this Bill, as the Chair has already indicated. From my point of view, let us discuss it. I would be a recipient of such a medal, along with my colleagues, but I have yet to be convinced that that would be right.
Brendan O'Hara
It is a pleasure to serve under your chairmanship, Ms Ryan. I congratulate the hon. Member for Dartford on getting the Bill this far. I also thank him for being so generous in this debate and clear and precise with his answers, taking time to explain fully the thinking behind this legislation.
I am concerned that the narrow definition of the “for valour” medals that it will be illegal to wear if unearned will do little to deter those we have been describing as the Walter Mitty characters who are determined to appear at cenotaphs and remembrance parades the length and breadth of the country, passing themselves off as something they clearly are not.
That brings me to a query about the blanket nature of the legislation. Is there going to be a sliding scale between those who are in many cases essentially harmless, rather sad fantasists who desperately crave attention and acceptance, and those who are using their fake medals for personal gain or to deceive for some kind of financial benefit? Are the two to be treated exactly the same? One suggests to me an issue of mental health; the other is a pretty serious criminal offence. How, if at all, will that be looked at within the scope of the Bill? As I said earlier, is there anything to distinguish between those two? Are the England and Wales Fraud Act 2006 and its equivalent in Scotland not sufficient to deal with the issue already? I know the hon. Gentleman touched on that point, but it would be worth looking at again.
Finally, why now? What has changed between 2015 and now? I understood that the Government’s clear position was that the United Kingdom did not require an equivalent of the USA Stolen Valour Act, which makes it a federal crime to claim fraudulently to be a recipient of certain military decorations. The Stolen Valour Act of 2013, as amended, was directed at those
“with intent to obtain money, property and other tangible benefits fraudulently”
and who hold themselves out to be something they are not. I absolutely agree with that, but does that deception apply to those with mental health challenges who seek nothing more than the admiration of his or her peer group? Will they be classed in exactly the same way?
I thank the hon. Gentleman for his time and congratulate him on bringing the Bill this far. I would just like clarification on those issues.
The Chair
Mike Penning
Many have said it, and we all mean it.
I should say at the outset how difficult it is to get a private Member’s Bill to this position. Myriad, untold amounts of legislation could have been brought forward by a Back Bencher, and it would have been very worthy; the hon. Member for East Renfrewshire mentioned that other things could have been brought forward. However, the chances of getting such legislation to this stage, with this amount of cross-House support, would be very remote. However, it happened the other day with the Homelessness Reduction Bill and it is happening again today.
I commend my hon. Friend the Member for Dartford for the pragmatic way in which he has worked with my officials and people across the House following Second Reading. On Second Reading, there were genuine concerns that loved ones, for instance, could be targeted by the Bill. I have been a member of the British Legion since I was 18 years of age—long before I was in this House. To be on parade on Remembrance Day and to see young people, sometimes really young people, wearing their grandfather’s medals, or in some cases, because we have been on operations so much in the past few years, their father’s or their mother’s medals—we must not forget that we lost ladies as well as men on ops—is one of the most moving things.
The hurt caused to loved ones if anyone, even one person anywhere in these great islands of ours, falsely claims to have done what their loved one did for their country and their family, will be deep. When we talk to families who know that someone is on parade falsely wearing a medal—even, in respect of my situation, the General Service Medal Northern Ireland—we see that it really hurts. We must never underestimate that. As the former Veterans Minister, the hon. Member for North Durham, said a moment ago, if we can stop even one such person, that will be extremely important.
The list of the valour medals is spot on, as others have mentioned. The 1977 Jubilee Medal was referred to. I was serving in 1977; I did not get it. I was not on the list. Not everybody got it. Everybody assumes that everybody got it.
Mike Penning
It was a subtle hint.
There is one area that we will look at, given the powers in the Bill, when we get some time: the UN Medal. Ever more of our troops are in danger and at risk and fit the criteria. Quite rightly, they get the UN Medal, but it does not come under this. The hon. Member for Dartford is absolutely right: there is an unlimited number of medals and honours that we could look at, some of which do not cover a traditional UN role, such as the Cyprus situation, in a buffer zone. There are really different situations—not least the troops whom we recently sent to South Sudan. We are in that environment today, under the UN.
I want to draw my comments to a close and say congratulations: it is difficult to get to this position. Hon. Members have had private Member’s Bill after private Member’s Bill way up the list but they have not come to fruition, often because those hon. Members have not been pragmatic enough. Having such a narrowly focused Bill, which specifically targets people that hurt other people’s feelings and memories, is absolutely spot on. I congratulate my hon. Friend and hope we can move on swiftly with the voting.
Stephen Doughty
It is a pleasure to serve under your chairmanship, Ms Ryan. I intend to be very brief as well.
First, I offer my wholehearted support for the Bill. If I had got lucky in the private Members’ ballot, I would have thought of introducing something similar, so when I heard that the hon. Member for Dartford had brought this Bill forward, I was delighted to add my name as one of its supporters. I praise his cross-party approach and generosity in answering the many reasonable questions. He has clearly had a difficult job in narrowing the Bill down, but he has found a happy balance that will make a big difference to the offence of wearing medals inappropriately on the part of those who simply do not deserve them or have not been awarded them.
When we read some of the citations, let alone the wider stories, particularly around some of the medals awarded for the highest valour, we understand how inappropriate such impersonation is and the offence caused to serving members or those who have been in receipt of such awards.
This weekend, I was standing outside the West House in Penarth, our town council headquarters; memorialised on the wall were two Penarth recipients of the Victoria Cross in world war one. Reading such citations, particularly when they are for one’s own constituents, past or present, is a humbling experience for us all.
As I mentioned earlier, I have seen the many regrettable characters who attempt to portray themselves inappropriately in this way. There are many examples one can look at online, on YouTube. People have rightly been challenged by actual serving members of the armed forces, and those who have actually been in receipt of these medals have rightly asked such people to explain themselves. Unfortunately, I think the practice is more widespread than perhaps we realised.
I am pleased to hear what has been said about the issue of intent and those who have mental illnesses. There was an example at Remembrance Day last year of an individual who is well known to the community and is not necessarily causing offence to anybody; there is acceptance that this individual literally thinks they were serving and had awards. There is a general sense in the community that we would not want to see someone like that criminalised. There are clearly others, though, who are doing it for wrong reasons, or even to get money or other things.
I shall briefly raise three issues. I have already mentioned commemoratives, something we might need to return to in the future. I can see how these can be used to attempt to deceive, but I also understand that there is a great deal of debate about the issue in the veterans community, particularly when it comes to people who feel they should have been awarded something, but never were.
Stephen Doughty
Indeed; I have spoken to people on both sides of the argument and it is a complex and emotive issue, as my hon. Friend the Member for Barnsley Central said.
The second issue, which has certainly been of concern to a number of my constituents who served on the Arctic convoys in the second world war, was the non-ability to receive the Ushakov Medal that had been awarded by the Russian Government, despite their having been awarded by many other allies from the second world war. I am glad to say that that was eventually resolved and members were able to receive the Ushakov Medal. Indeed, a number of them now wear it proudly, particularly at our merchant navy and Royal Navy memorials in Cardiff and Penarth. I know a number of individuals who were in receipt of it. Given what has been said about foreign medals, I am glad that they will not come within the scope of the Bill. Although I would not want to see people attempting to deceive through the wearing of foreign awards, I would not want people unnecessarily criminalised for wearing things from foreign Governments to which they were duly entitled.
The last issue has been raised by a number of constituents, and one in particular. I hope that I might tempt the Minister to intervene on me. It is clearly not something that we are going to be able to address; I considered tabling an amendment but did not, given the tight scope that the hon. Member for Dartford was attempting for the Bill. It is the issue of impersonation: attempting to deceive by the wearing of uniform or the false use of rank, particularly on letterheads or business cards. I know of a number of examples locally where individuals have tried to achieve social standing, financial gain and other access that they would not otherwise have got, particularly through the abuse of post-nominals in relation to awards for valour.
Stephen Doughty
I am going to bear the Chair’s comments in mind. Will the Minister perhaps briefly intervene on me?
Mike Penning
I thank the hon. Gentleman for his kind invitation. Of course, such wearing of a uniform is illegal, but we do not want to criminalise guys who go to the army surplus store and then wear the clothing. However, it is something I am conscious of. The area that I think is more important is impersonating rank, such as retired major and so on, which one often sees on letterheads. Perhaps the hon. Gentleman could find time to see me and I will make sure the officials are with us. That issue may not be within the scope of this Bill, but he might do really well in the next ballot and we could then assist him in the same way we have assisted my hon. Friend the Member for Dartford.
Stephen Doughty
I thank the Minister for his generous reply and will certainly take him up on that offer. This issue is of concern to many people. As I said, I do not want to criminalise people with army surplus clothing and so on, but I have seen people fundraising in standard issue PCS—personal clothing system—uniform without medals on, clearly inappropriately, who were not serving members of the armed forces.
I offer my full support for the Bill and know that it will enjoy support across the country. It is very important and I again praise the hon. Member for Dartford for the way he has brought it forward. I hope we can take it to the next stage.