Awards for Valour (Protection) Bill Debate

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Gareth Johnson

Main Page: Gareth Johnson (Conservative - Dartford)

Awards for Valour (Protection) Bill

Gareth Johnson Excerpts
Friday 25th November 2016

(7 years, 5 months ago)

Commons Chamber
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Gareth Johnson Portrait Gareth Johnson (Dartford) (Con)
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I beg to move, That the Bill be now read a Second time.

To undermine our veterans is wrong, to claim to be a military hero when you are not is wrong, and to steal valour is wrong. That is why I am introducing the Bill. I thank the Ministry of Defence and the Government, as well as Her Majesty’s Opposition, for their prompt and full support for the Bill. In addition, I thank the Select Committee on Defence for its professional report, and colleagues for forgoing their constituency commitments today in order to be here to debate the Bill.

The point of the Bill is to protect genuine heroes. People should not be able to claim they are heroes when they are not. There is rightly a heightened respect for veterans and the service they have given this country. That, coupled with the increased accessibility of second-hand medals and insignia, has led, in my estimation, to an increase in the number of people stealing valour from genuine heroes. The so-called Walter Mittys parading themselves at Remembrance Day service parades and elsewhere sporting medals they have not earned not only is insulting but undermines those veterans who have legitimately earned them.

David Tredinnick Portrait David Tredinnick (Bosworth) (Con)
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I congratulate my hon. Friend on bringing the Bill to the House. As someone who served in the military many years ago as an officer, I would like to say how important it is to all servicemen, who regard badges of rank and decorations as sacrosanct. He is doing a great service to all those in the armed forces by bringing forward the Bill.

Gareth Johnson Portrait Gareth Johnson
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I am grateful to my hon. Friend for his contribution. Since I introduced the Bill, I have been touched by the number of ex-servicemen and current servicemen who have contacted me to express exactly that sentiment, and who feel that they are being undermined and that the value of medals is being chipped away and eroded by those who are undeserving and yet claim otherwise.

People must have confidence, when they see the magnificent sight of veterans proudly wearing their medals at Remembrance Day parade services and elsewhere, that those medals were legitimately awarded to those who sport them. I will give the House one categorical assurance about the Bill. Nothing in it will cut across the wonderful custom of families, out of respect and honour to the recipients, wearing medals that their loved ones earned.

Craig Whittaker Portrait Craig Whittaker (Calder Valley) (Con)
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Does my hon. Friend agree that there must be a clear definition of “family member” to ensure that there is no room for manoeuvre or any loopholes in the system for people to abuse?

Gareth Johnson Portrait Gareth Johnson
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My hon. Friend raises an interesting point. There are two ways of trying to preserve the right—I would call it that—of family members to sport medals. One is to be very definitive and to list everybody who qualifies as a family member, as the Children Act 1989 attempts to do, and the other is to keep it open and allow the courts some discretion.

The difficulty with trying to define exactly who is a family member is that we will always miss people out. Is the boyfriend of a niece a family member? It probably depends on the circumstances. The list goes on. I have deliberately taken the view, therefore, that there should be a wide definition of “family member” in order to allow the courts to decide whether it applies. No doubt, that point will be debated in Committee. It is something I am open-minded about. I do not want to be over-prescriptive. I just want to preserve this great custom and ensure that loved ones and family members can still sport, often on the right breast, the medals earned by others in their family of whom they are rightly proud.

Bob Stewart Portrait Bob Stewart (Beckenham) (Con)
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The only position for medals that have not been earned is on the right breast. Anyone wearing a medal on the left breast has earned that medal.

Gareth Johnson Portrait Gareth Johnson
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I am well aware of that custom. The Bill is not intended to deal with people who have wardrobe malfunctions when looking in the mirror. What I want it to do is to catch only those who deliberately intend to deceive others.

Rebecca Pow Portrait Rebecca Pow (Taunton Deane) (Con)
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My hon. Friend is making a clear point. Does he agree that, when our servicemen and women show great courage and bravery, they should be allowed to wear the medals awarded to them? Marines in my constituency have come to me because some of them are not currently allowed to wear their NATO Africa medal, as it does not meet the “risk and rigour” standards, yet those marines have faced attacks from rocket-propelled grenades and assaults from ships. I wonder whether that may be relevant.

Gareth Johnson Portrait Gareth Johnson
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My hon. Friend touches on an interesting issue. I have discovered that the medal system is incredibly complex. My Bill would deal only with people who are intending to deceive others—people who are being fraudulent in what they are portraying about themselves. If people have legitimately earned those medals, they will not be caught by the Bill’s provisions.

Simon Hoare Portrait Simon Hoare (North Dorset) (Con)
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I support the Bill, but could my hon. Friend provide a comment or an assurance—this may be an issue that will need to be dealt with in Committee if the Bill progresses—about those who have mental health difficulties and problems, who are not being malicious but just out of ill health find themselves often wearing a medal to which they are not entitled? We should deal with people in that category who have no maliciousness in their action in a particularly sensitive and understanding way.

Gareth Johnson Portrait Gareth Johnson
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My hon. Friend makes an important point. The Bill is not intended to criminalise people who have severe mental health problems. The law, and particularly the criminal law, is used to dealing with this situation. I shall come on to the issue in more detail later in my speech, but the Bill is not an attempt to criminalise people who do not have the mental capacity to form the necessary intent to commit the offence. This is a specific intent offence, so someone who is unable to create that intent in their own mind will not be caught by the provisions. There is also an overarching provision that no criminal proceedings would follow unless it were in the public interest for that to happen. That applies in all elements of the criminal law, and it is often used with respect to cases involving people mentioned by my hon. Friend.

Sheryll Murray Portrait Mrs Sheryll Murray (South East Cornwall) (Con)
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My constituent, Surgeon-Captain Rick Jolly, was decorated by both sides in the Falklands war, but had to get the permission of Her Majesty to wear both medals. Does that not show that we should respect the medals that are given for valour? I completely agree with the Bill and I would encourage all Members to support it today.

Gareth Johnson Portrait Gareth Johnson
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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 Portrait Charlie Elphicke (Dover) (Con)
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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 Portrait Gareth Johnson
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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.

Bob Stewart Portrait Bob Stewart
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I have met many people wearing SAS berets. An astonishing number of people walking around the streets appear to have been in the Special Air Service, but I reckon that one in 20 of them actually has.

Gareth Johnson Portrait Gareth Johnson
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That is an important point, made by a distinguished and experienced veteran. I am told that pretending to have been a member of the Special Air Service is the most common example of people stealing valour from others in order to curry favour and win respect for themselves, and it is often done in a way that is deeply insulting. Veterans frequently have a good nose for people who are stealing valour from others, as I have observed in my local Royal British Legion club, where they sometimes notice that something is not right. That ability is often deployed to identify Walter Mitty characters of this kind, and if my Bill is passed, it could be used to prosecute them.

The stealing of valour has been recognised as a problem around the world. For instance, the Americans recently adopted their own Stolen Valor Act to protect recipients of the Purple Heart, because a huge problem had developed as a result of people pretending that they had received it when they had not. In fact, very few countries do not have an equivalent of my Bill, and I am not aware that any that have such legislation have felt it necessary to repeal it. I think we can deduce that the law has worked well in other countries, so why should it not work here? Why can we not have our version of stolen valour legislation, which has worked well in America and elsewhere, and which I think we can be confident would work well in the United Kingdom?

We have a proud military history. Each of the regions that make up the United Kingdom has contributed significantly to our armed forces, and has excelled in wars over the years. It therefore seems wrong to me that we do not afford veterans the protection that they are given in so many other countries. Many people braver than I have put their neck on the line for this country. We owe the freedoms that we enjoy in this Chamber to those who have fallen and those who risked their life for us. Indeed, we are overlooked, at either end of the Chamber, by the shields of colleagues who gave their life for us in one of the world wars. We cannot allow that valour to be stolen. We cannot allow the public to lose trust in our veterans, and we cannot allow their memories to be undermined. I therefore ask the House to give the Bill a Second Reading.

Craig Mackinlay Portrait Craig Mackinlay (South Thanet) (Con)
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I pay tribute to my hon. Friend the Member for Dartford (Gareth Johnson) for introducing the Bill. We are very aware that today is Black Friday. I note that my hon. Friend the Member for Shipley (Philip Davies) is present, and he will doubtless be joined by my hon. Friend the Member for Bury North (Mr Nuttall). May I recommend that they do a bit of discounting in their interventions, and perhaps go shopping? We have much business to conduct, not least my own later in the day.

Much has been said about the nature of people who wear false medals, or wear medals falsely. They do it primarily to deceive. While we may have a view on the Walter Mitty Hunters Club, whose activities are perhaps a little aggressive at times, it is in the nature of such people to try to advance themselves in the community and to create a standing that they simply have not earned. My hon. Friend the Member for Dartford demonstrated ably how manipulative they are. They seek admission to an exclusive club when they have not earned the right. They often join parades on Remembrance Day, when we as the public pay particular tribute to what people who earned their medals have done in the service of this country.

There is already a certain amount of legislation that can help us. When financial fraud results from the use of this standing that has not been earned, it can carry up to 10 years’ imprisonment. I know of no cases thus far in which that legislation has been applied to people who have used medals for their own advantage, but I am sure that there are a number of cases out there. My hon. Friend mentioned a local councillor—no longer a councillor, in fact—who may be an example.

Other Members have mentioned mental health. I am sure that many people who use medals that they have not earned for their own advantage, in an attempt to gain some standing, have mental health issues to a degree, but there is plenty to cover that in the criminal code. It would be up to the police, then the Crown Prosecution Service, and then, of course, the courts to determine the mental state of such people. That is normal and proper practice in other parts of the criminal code. I therefore do not think that mental health issues would be a problem if the Bill were passed.

The main reason why I am supporting my hon. Friend’s Bill is for its deterrent effect. We have no deterrents, following the Armed Forces Act 2006, which sadly dropped the old Army Act 1955 offence; prior to that, there was the offence in Winston Churchill’s Act after the first world war. Apart from having a deterrent effect, the Bill will create certainty for the public: we will be absolutely sure when we see veterans that we can pay an appropriate tribute to them and honour them, knowing that they are the real deal and have earned what they are displaying. So there are two benefits to my hon. Friend’s Bill.

There was discussion about the appropriate penalty. Three months’ imprisonment has been suggested, although there could be an opportunity for community payback —a certain number of hours worked in the community. That would probably be the more likely outcome through the courts, but that would be decided on a case-by-case basis.

Gareth Johnson Portrait Gareth Johnson
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I mentioned Roger Day; he was the last person prosecuted under the 1955 Act, although the Act had expired a few days beforehand. The court gave him community service, as it was at the time, which shows that courts often feel that a community penalty is appropriate, but this has to be an imprisonable offence in order to make those penalties available to the court.

Craig Mackinlay Portrait Craig Mackinlay
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Absolutely; my hon. Friend gives a good account of his knowledge of the law in such cases.

What greater community payback could there be for people convicted under my hon. Friend’s proposed legislation than to do service to war widows, perhaps, or war graves, or the great memorials around our country by repairing and cleansing them? I want to mention the case of Kevan or Konnor Collins in my constituency. He was elected as a UK Independence party councillor last year. He made a remarkable array of claims: that he had served in the Paras, and had been awarded an MBE, the Conspicuous Gallantry Cross, the Military Cross, and the Distinguished Service Cross. If that had been true, he would have been the most decorated veteran in the entire country. He was outed online.

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Philip Davies Portrait Philip Davies
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My hon. Friend is right, but I would like to have £1 for every time on a Friday I hear somebody say, “We want to pass this Bill to send a message.” Well, actually we can stand here and send a message; we can all say how terrible it is if somebody wears a medal they are not entitled to, and we have then sent a message. We are not sending a message here; we are passing an Act of Parliament. We are talking about putting someone in prison. That is not sending a message; that is doing something far more drastic.

Gareth Johnson Portrait Gareth Johnson
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Is my hon. Friend aware that domestic burglary carries a maximum sentence of 14 years and that robbery carries a maximum life sentence? This offence would, if the Bill went through, carry a sentence of three months. I believe that that is proportionate, and I do not agree with him that this behaviour is merely “boastful exaggeration”. It is far more than that: it is insulting and undignified, and it undermines people’s confidence in our veterans system and in the medals our veterans wear. Three months’ imprisonment is an appropriate way of dealing with such a problem.

Philip Davies Portrait Philip Davies
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I appreciate that that is my hon. Friend’s view, but I want to set out why it is not my view.

The current legal position is neatly summed up by the Ministry of Defence’s response to an e-petition in May last year, which stated:

“The Government does not believe that the UK requires an equivalent of the USA’s Stolen Valor Act.

The Stolen Valor Act 2013 makes it a federal crime to fraudulently claim to be a recipient of certain military decorations or medals in order to obtain money, property, or other tangible benefit.

Under UK law the making, or attempting to make a financial gain by fraudulently wearing uniforms or medals, or by pretending to be or have been in the Armed Forces is already a criminal offence of fraud under the Fraud Act 2006, as is the pretence of being awarded an official medal. The offence carries a maximum penalty of 10 years’ imprisonment. It is also an offence under that Act (carrying up to five years’ imprisonment) for a person to possess or have under his control any article for use in the course of, or in connection with any fraud.

It is also an offence against The Uniforms Act 1894 for any person not serving in the Armed Forces to wear the uniform of any of the Armed Forces under such circumstances as to be likely to bring contempt upon that uniform.

However, it is not automatically against civil law to wear a veterans badge or decorations or medals which have not been earned and there are no plans to make it an offence. There are many instances where relatives openly wear the medals earned by deceased relatives as a mark of respect, albeit on the right breast and we would not wish to discourage this practice.”

As far as current UK prosecutions are concerned, the details are a bit sketchy, to say the least. The Defence Committee reports in its written evidence that the

“MOJ has provided data in relation to prosecutions under the Uniforms Act 1894. Data on a number of other offences was requested but was either not held or not held in a form that allowed the types of offence requested to be distinguished.”

To illustrate this point, I shall give the House the numbers of people proceeded against in magistrates courts and found guilty under the Uniforms Act 1894. There were none at all in 2011, 2013 or 2015, and one was found guilty in 2012 and one in 2014, so this is hardly a big issue. “Next to none” would probably be the best phrase to use.

I submitted freedom of information requests to West Yorkshire police and the Metropolitan police to see what information I could gather about the use of existing legislation by their forces. The reply from West Yorkshire police stated:

“A search was conducted for all arrests which were made between 1st August 2011 and 31st July 2016 inclusive and contained any of the keywords “medal”, “military” and “uniform” within the arrest circumstances description. As well as a search for arrests between 1st August 2011 and 31st July 2016 that were made for an offence under Sections 2 or 3 of the Uniforms Act 1894…a manual assessment was then carried out to find any records which related to the arrest of any individual wearing war or valour medals they were not entitled to wear. No such records were found.”

The Metropolitan Police Service responded:

“To locate the information relevant to your request, searches were conducted…The searches failed to locate any information relevant to your request, therefore, the information you have requested is not held by the MPS.”

So, if the existing legislation appears to be used infrequently, as we think, we need to consider carefully the extent of the problem that this Bill seeks to address.