Awards for Valour (Protection) Bill

Charlie Elphicke Excerpts

Friday 25th November 2016 Commons Chamber

[Gareth Johnson]

I am grateful to my hon. Friend for her intervention. She rightly makes the point that it would be a travesty if people who have demonstrated bravery, as that gentleman clearly did in the Falklands, were to be undermined and devalued by people who are claiming, often maliciously, that they are their equal and that they have also served, been courageous and put their neck on the line when that is clearly not the case. Therefore, I believe that we need a change in the law on the issue, as has often happened around the world.

[Charlie Elphicke (Dover) (Con)]

My hon. Friend is making a powerful and persuasive argument. Will he confirm that there used to be an offence for this kind of behaviour—for stolen valour—but that it was inadvertently repealed in the Armed Forces Act 2006?

[Gareth Johnson]

My hon. Friend is right: the Armed Forces Act repealed the provision, and the repeal came into effect in 2009. Therefore, we currently have no law of this nature, which is often seen throughout the world, to protect veterans.

Let me return to an earlier point and reiterate the point about family members being able to wear medals that have been won by loved ones. I say categorically that I would never introduce a Bill that would cut across that excellent custom. It would be unworthy and contrary to common decency.

You will know, Mr Speaker, that medals are not permitted to be worn in this Chamber. However, if I were to wear a medal, I would wear my great-grandfather’s medal. He served in the East Kent Regiment—the Buffs—and was killed at the Somme. As I say, I would wear that medal if it were permitted in this Chamber. I appreciate that it is not. I think that illustrates that my intention is to preserve the custom that family members are able to sport the medals of loved ones without fear from the Bill. The tradition of doing so should be not only protected but enshrined in the Bill.

However, those who deliberately attempt to deceive people will be caught by the Bill—I make no apology for that. People who commit this act do so for a variety of reasons. Some, sadly, as we have heard, do so because they are affected by serious mental health problems. As I mentioned, the Bill creates an offence of specific intent, so anyone with a serious mental health problem who is unable to form that intent cannot be convicted of this offence. The Crown Prosecution Service would have to satisfy, as I said, a public interest test before any prosecution could even begin against someone who carried out this action. It has been brought to my attention that there are occasions when people with mental health problems do commit this act, but I repeat that there will be those safeguards in the Bill.

Some people can be very manipulative and can use medals for their own advantage, seeking the respect that comes from them to advance their own cause. I am thinking of a councillor in Thanet who wore medals that he had not earned in order to help his election campaign. I am sure that we will hear more about that later from my hon. Friend the Member for South Thanet (Craig Mackinlay). I am thinking of Roger Day, who marched past hundreds of veterans and their families wearing numerous medals that he had not won. Yet no prosecution could be brought against him and many other people because, quite simply, as things stand, behaving like that is not against the law.

Estimating exactly how widespread the problem is can be very difficult. There are no arrests and so no records. The Naval Families Federation recently surveyed over 1,000 of its members and found that around a third of them had experienced these Walter Mitty-type characters. The Walter Mitty Hunters Club—I have no connection or association with the organisation—claims to receive something in the order of 20 to 30 complaints a week. I understand that it is investigating 70 cases that have been brought to its attention.

I am president of my local Royal British Legion group in Greenhithe in Kent, and there have been two instances there of people pretending to be decorated veterans when they had not even served in Her Majesty’s armed forces. This cannot go on. If we leave things unchecked, we will get to a situation where trust in the whole medal system and trust in valour evaporates. I have been contacted on numerous occasions by veterans who have recounted to me their experiences of witnessing impostors at remembrance services. They feel deeply hurt, offended and insulted by the actions of these individuals. The problem is genuine and, anecdotally, it seems to be increasing.

We therefore need the deterrent factor that the Bill would provide, and I think it right for the offence to carry a term of imprisonment as well as a fine. I have suggested a three-month period; that would mirror the legislation referred to by my hon. Friend the Member for Dover (Charlie Elphicke), which is no longer in force. Of course, any sentence would be up to the courts, but making the offence imprisonable would allow them to impose community-based penalties that would not be available if the offence were subject only to a fine. It is right, proportionate and appropriate for a term of imprisonment to be available to the courts at their discretion, for the worst cases, should that prove necessary. I should make it clear, however, that although the Bill provides for a three-month sentence, it would not be possible to impose a sentence of imprisonment in a youth court: a custodial sentence would not be available there, and I am content with that. It would be quite rare for people aged 17 and under to fall foul of the law, but I also think it right not to provide for their imprisonment, purely because of their age.

Unusually, I am endeavouring to introduce a law that has applied in the past, but does not apply today. Stolen valour has a history in this country. After the first world war, Winston Churchill introduced the offence as Secretary of War. He said at the time:

“We want to make certain that when we see a man wearing…a medal, that we see a man whom everybody in the country is proud of.”—[Official Report, 2 April 1919; Vol. 114, c. 1277.]

He was absolutely right. The same principle applies today, and it applies equally to the women who serve our country. The Armed Forces Act 2006 repealed the offence because it was a bit too messy and uncertain, but unfortunately it was not replaced at the time. That decision has been criticised by the Defence Committee. While it is possible to prosecute for fraud when monetary gain applies, or under the Uniforms Act 1894 if a full regimental uniform is worn, the law does not cover people who steal valour in the way that I have described, and public confidence can therefore be shaken.