War Memorials: Desecration

Alex Chalk Excerpts

Wednesday 13th January 2021 Westminster Hall

[The Parliamentary Under-Secretary of State for Justice (Alex Chalk)]

It is a great pleasure to serve under your chairmanship, Mr Davies. I begin where my hon. Friend the Member for Bracknell (James Sunderland) began, with a sincere thank you to my hon. Friend the Member for Stoke-on-Trent North (Jonathan Gullis) for securing a debate on this really important subject and for his strong campaigning on it. He made an excellent speech, if I may say so. This is the second time I have had the pleasure of listening to him. I was in the main Chamber for his private Member’s Bill in June, and then, as now, he spoke with force and authenticity on behalf of his constituents.

I also pay tribute to my hon. Friend the Member for Bracknell, who gave an excellent speech as well. In particular, he gave a powerful reminder of the abiding commitment to service that underpins the ethos of our armed forces—it underpins it now, and it underpinned it in the past, not least during the D-day landings, which he referred to.

Let me turn first to the context. As hon. Members are aware, during a variety of demonstrations last summer, protestors targeted statues, including war memorials and other commemorations of cultural significance. The Government were appalled to see the violence and vandalism at those protests because, however noble a cause a person believes they are supporting, there can be no justification for defacing statues or unlawfully damaging symbols of British history, still less desecrating memorials to those who died serving our country.

Quite apart from the hurt and pain caused, those are lawless and mob tactics. Such behaviour subverts our democracy because it corrodes the basic norms of due process that make this a free society under the law and, indeed, the kind of country that many hundreds of thousands of Britons have fought to defend.

[Jim Shannon]

I listened to the hon. Members for Stoke-on-Trent North (Jonathan Gullis) and for Bracknell (James Sunderland) and was inspired and moved by their comments. Wherever attacks on war memorials may be—in Northern Ireland, for instance, where I know the hon. Member for Bracknell served—those attacks will be raw for those back home, because the names of people they have loved will be on those memorials, and the names of family members or friends will be on them. The effect is not just what is done to the war memorial; there is also an effect on the family.

[Alex Chalk]

I absolutely agree. One of the great pleasures in this place is to have the opportunity to hear from hon. Members who have either served on the frontline themselves or have personal experience of what loss means for relatives. Our debates are enhanced by those contributions.

As I was saying, this kind of behaviour corrodes our democracy, far beyond the mere monetary value of the damage caused. Memorials matter. I will make a brief personal point. As I cycle home from Parliament, I pass by the Rifle Brigade war memorial, which is parked on a busy junction in Victoria. Every time I pass, I am struck by how modest is that physical tribute to those who gave so much. Although dignified, it is unobtrusive, austere even. One could easily miss it. Yet, it honours a full 11,575 men who died in the first world war and more than 1,000 who died in the second world war—more than have died in the British armed forces in all the conflicts since 1945. The least the living can do is defend and honour such memorials. We have a duty to do so, not least for the sake of the dead, who can no longer speak up for themselves.

In his excellent speech, my hon. Friend the Member for Bracknell referred to those who served who had loved and were loved. That is an echo of the poem by John McCrae, “In Flanders Fields”. That came to mind because he summoned the voices of the fallen in that poem. He expressed what the dead might say, if only they could speak. The last three lines are:

“If ye break faith with us who die

We shall not sleep, though poppies grow

In Flanders fields.”

We must not break faith with those who died.

Memorials are not just limited to our war dead. The public is also rightly concerned about upholding respect for other memorials, including statues, gravestones and other matters. Such memorials can have historical significance as part of our national heritage, or other symbolic, cultural or emotional importance. When damage or desecration occurs, the law must be equipped to recognise the range and level of anguish that is caused.

As I have indicated, that anguish goes beyond mere pain to individuals or damage to property. In so many cases it can represent an attack on society. I regret to say that too many people feel able to lash out, to take the law into their own hands and to do so with relative impunity. That is why it has become clear to the Government, not least because of the excellent campaigning of my hon. Friends the Members for Stoke-on-Trent North and for Bracknell, that the law as it stands is inadequate, and we intend to act.

As I mentioned, on 23 June, my hon. Friend the Member for Stoke-on-Trent North introduced a private Member’s Bill, supported in this House by others, including my hon. Friend the Member for Bracknell and the hon. Member for Strangford (Jim Shannon). The Desecration of War Memorials Bill seeks to create a specific offence of damage or desecration of a war memorial.

The Lord Chancellor has indicated, as indeed has the Prime Minister, that we wish to take action in this field. The Prime Minister himself made it explicit at Prime Minister’s questions on 17 June, when he said that the Government are

“looking at new ways in which we may legislate against vandalism of war memorials”.—[Official Report, 17 June 2020; Vol. 677, c. 796.]

As my hon. Friend the Member for Stoke-on-Trent North indicated, the Home Secretary has made similar statements. The Lord Chancellor wrote an article in The Sunday Telegraph on 21 June, committing to ensuring that

“laws around criminal damage are fit for purpose and that the punishment for vandalising memorials fits the crime.”

He went on to state that the Government would need to legislate, and that

“now is an opportune moment to think about memorials more broadly and make sure that all acts of vandalism that cause widespread disgust can be appropriately punished by the courts.”

There are various approaches that the Government could adopt to tackle this issue. We have been considering all options to stop those who seek to attack emblems of our national sacrifice and pride, including the proposed Desecration of War Memorials Bill. We want to make sure that any vandalism or attack on property can be met with the full force of the law, so that the courts are equipped with the tools they need to do justice on the facts of the case before them, which was an excellent point made by my hon. Friend the Member for Stoke-on-Trent North. No one is suggesting that all cases and all examples need to be dealt with by a maximum sentence; that would be absurd. The courts will do justice, but they need to have the powers so that they can do that justice on the facts as they find them to be.

As such, although the Government fully support the intention behind my hon. Friend’s private Member’s Bill and firmly agree with the action that needs to be taken, we want to go further and protect a wider range of property. As announced in the sentencing White Paper, “A Smarter Approach to Sentencing”, which we published on 16 September 2020, we will be reviewing the law, not merely the guidance, on criminal damage to ensure that where memorials are damaged or desecrated, the courts are able to sentence appropriately at every level for this particular type of offending. As we indicated in that White Paper, we will be legislating on this matter this year—in the early part of this year, I think it is possible to say—setting out the approach that we will be taking to deal with this issue. When the private Member’s Bill on the desecration of war memorials returns to Parliament on Second Reading next month, the Government will confirm their position on the Bill in accordance with the required parliamentary process, and I am confident it will address the points my hon. Friends have so ably made.

To conclude, the Government intend to deal decisively with this issue, and I thank my hon. Friends for their shared commitment to tackling this crime. I will close by saying that those who take the law into their own hands—who vandalise our heritage, lash out at symbols they disagree with, or demean and dishonour our war dead—should be on notice. We will give the courts the power to do justice on behalf of all: the dead, the living, and those who have yet to be born.

Question put and agreed to.