Awards for Valour (Protection) Bill (First sitting)

Gareth Johnson Excerpts

2nd reading: House of Commons & Committee Debate: House of Commons
Wednesday 1st February 2017 Public Bill Committees

[The Chair]

With this it will be convenient to discuss the following:

Clause 2 stand part.

Amendment 4, in clause 3, page 2, line 13, leave out

“on the day after the day on which it receives Royal Assent”

and insert

“at the end of the period of two months beginning with the day on which it is passed”.

New clause 1—Offence of wearing awards with intent to deceive—

“(1) A person commits an offence if, with intent to deceive, the person wears—

(a) an award specified in the Schedule, or

(b) something which has the appearance of being an award specified in the Schedule.

(2) In this Act “award” includes anything representing an award, including in particular—

(a) a miniature cross, medal or star;

(b) a ribbon;

(c) a bar;

(d) a rosette;

(e) an emblem.

(3) A person guilty of an offence under this section is liable on summary conviction—

(a) in England and Wales, to imprisonment for a term not exceeding 3 months or a fine;

(b) in Scotland or Northern Ireland, to imprisonment for a term not exceeding 3 months or a fine not exceeding level 5 on the standard scale.

(4) The Secretary of State may by regulations amend the Schedule by—

(a) adding awards to it;

(b) removing awards from it;

(c) amending the description of awards specified in it.

(5) The regulations may add an award to the Schedule only if it is awarded in respect of—

(a) acts involving gallantry, or

(b) involvement in a campaign or operation entailing—

(i) the risk of danger to life from enemy action, and

(ii) a level of rigour significantly greater than might normally be expected in a non-operational environment.

(6) Regulations under this section are to be made by statutory instrument.

(7) Regulations under this section may include incidental, supplementary, consequential, transitional, transitory or saving provision.

(8) A statutory instrument containing regulations under this section may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.”.

New schedule 1—Awards—

“Part 1

Gallantry awards

[Gareth Johnson (Dartford) (Con)]

It is a pleasure to serve under your chairmanship, Ms Ryan, for what I think is the first time. I am grateful for the very constructive approach that hon. Members on both sides of the House have taken to my private Member’s Bill; that has shown the workings of the House of Commons at their best.

It may assist the Committee if I set out the purpose behind amendments 2 and 3, which is to leave out the existing clauses 1 and 2 so that they may be replaced by the new clause and schedule. On Second Reading, a number of hon. Members, including me, noted that the Bill was capable of improvement. It will be clear from the amendments tabled last Friday that parliamentary counsel certainly agreed with me: some fairly big changes are proposed.

As I said, the purpose of amendments 2 and 3 is to leave out the existing clauses 1 and 2, on the basis that a new clause and schedule are introduced to replace them. The Bill will therefore be narrower in scope, but will more effectively carry out its main intention, which is to end the practice of people wearing medals with intent to deceive. The existing clauses 1 and 2 should not stand part of the Bill.

The purpose of amendment 4 is to amend clause 3, so that the Act will come into force two months after Royal Assent. It is standard practice for an Act to come into force a minimum of two months after Royal Assent, unless there are exceptional circumstances. I suggest that clause 3 be amended to extend the period between Royal Assent and the coming into force of the Act to the more usual two months. The police, courts and lawyers need an opportunity and some time to evaluate the contents of any Act of Parliament that creates a criminal offence; amendment 4 will, I hope, facilitate just that.

New clause 1 is the main change to the Bill: it creates the guts of the Bill for consideration by the Committee. Its purpose is to replace the existing clauses 1 and 2, and it is designed to work with the schedule. The new clause contains all that is necessary to create the new offence. It sets out its scope, delineates the penalties for contravention and provides the basis on which the Secretary of State may amend the schedule where necessary from time to time.

I have prepared draft explanatory notes for the Bill, which are available should colleagues want to peruse them. The first change is to subsection (1). On Second Reading, there was some disquiet about the potential for the Bill to criminalise mere boastfulness. That was because the offence included representing oneself as being “entitled” to wear an award when that was not the case. I considered very carefully the comments made on Second Reading, as well as the recommendation of the Defence Committee in its report, and the new clause makes it an offence to wear an award or something that resembles it.

The awards covered by the Bill are separately listed in the schedule and are, in broad terms, military gallantry awards, three civilian gallantry awards and military campaign awards from just before the first world war to date. It seems sensible not only to cover those medals most widely in circulation, but to recognise that medals awarded before world war one do not seem to be used very frequently to deceive people, in my experience.

The key focus of the offence is the need for a person to have an intention to deceive by wearing the awards. The Committee will note that the proposed changes narrow the scope of the Bill. My intention has always been to target those people who undermine our serving personnel and veterans by wearing awards that they have not been given to try to deceive people. That action undermines the confidence that people have when seeing serving personnel and veterans proudly wearing their medals. The new clause enables the Bill to target those who falsely wear medals.

The new clause does not contain any specific offences and exemptions for various groups. It no longer includes the concept of a person being “entitled” to wear an award. Instead, it places the focus on whether the person wearing the award intends to deceive by doing so. In short, if there is no intent to deceive, no offence can be committed. An offence can be committed only when there is intent to deceive; it cannot be committed accidentally or unintentionally. The wording is critical, as it means that the wonderful custom of family members sporting medals in honour of loved ones is unaffected by the Bill.

For instance, the original Bill included a specific exemption for family members wearing awards in honour of their relatives. It also contained specific provisions exempting other groups, such as actors and those taking part in historical re-enactments. As the offence is drafted in the new clause, it is not necessary to set out lists of specific exemptions. The key question to be asked in any case is whether the person wearing the medals intends to deceive others by doing so. The context in which they are worn will be key in determining that. Family members and friends wearing medals in honour of another will not have the necessary intention to deceive others, so they will not be guilty of an offence.

The need to protect family members and friends from liability under the Bill has been a key concern from day one. I believe that the new clause achieves that protection. Anyone wearing medals awarded to someone else who says, for example, “I am wearing these medals in honour of my wife’s great-uncle Harry, who was at Dunkirk”, will not be caught by the provisions of the Bill.

On the other hand, a rogue family member might decide to wear a relative’s medals to further some deceptive scheme of their own. The existing clause may unintentionally have given such a person an unwarranted protection just because they could claim, “This is my grandfather’s medal.” I am certain that the Bill as redrafted will not in any way hinder the wonderful custom of people wearing medals or ribbons in honour of loved ones.

The medals covered by the Bill are now set out in a schedule, and they include all the military gallantry awards, both current and superseded, three civilian medals and all campaign medals awarded since the beginning of the first world war. The medals are specific so that there can be no doubt about which are covered. The Bill protects awards for valour. The new clause contains a much clearer definition of what those are for the purposes of the Bill. The awards covered are specific gallantry awards and campaign awards approved in respect of campaigns or operations that involve a danger to life from enemy action and a level of rigour that exceeds what might be expected in a non-operational environment.

The new clause makes it an offence to wear an item that has the appearance of being one of the awards specified in the schedule. That will ensure that those who wear replicas or copies of medals will be committing an offence if they intend to deceive by doing so. It will also ensure that the police do not have to forensically examine any medal worn with the intent to deceive to prove the offence. Having an article that simply appears to be one of the awards in the schedule is sufficient.

The process has been a fairly steep learning curve for me. I have learned an awful amount about the etiquette of wearing medals. I have learned some things that I never thought I would about the range of physical items that can represent a medal, depending on the occasion. Subsection (2) of the new clause expressly provides that the offence is committed if any of the items commonly worn to represent the award of an honour are worn with the intention to deceive others. It includes ribbons, clasps, stars, bars and miniatures, but the list as set out in the new clause is not exhaustive.

I move on to subsection (3). The new clause makes no change to the penalties that may be imposed on conviction, but it more clearly sets out the level of fines to be imposed in the different jurisdictions in our United Kingdom. As before, the offence will be able to be tried only in magistrates courts in England and Wales and their equivalents in Scotland and Northern Ireland. In all jurisdictions, the fine is set at the standard level 5; however, the amount of such a fine differs between jurisdictions. In England and Wales, the fine will be unlimited, while in Scotland and Northern Ireland the maximum fine will be £5,000.

A person convicted of the offence may also be sentenced to a maximum of three months’ imprisonment. I do not envisage that a custodial sentence will be imposed for this offence in any but the very worst cases. However, the possibility of a custodial sentence—it will be an imprisonable offence—will enable courts to impose a community order or community payback where appropriate. The offence would be committed against society, so it is appropriate that courts have that discretion. Indeed, courts have imposed just such a sentence in the past when this offence existed previously.

Let me clarify the changes to subsection (4). The new clause allows the Secretary of State to amend the schedule when necessary by adding or removing awards and by amending the description of awards listed. The power is necessary to avoid the need for Parliament to amend the Act by primary legislation every time a new medal is approved, which might become onerous in the case of campaign medals. Unfortunately, we cannot exclude the possibility of future conflicts, so it makes sense to allow for awards to be added to the schedule in that way.

The power can also be used to amend the schedule by removing medals no longer considered to be in need of protection. We envisage that these would be primarily campaign medals relating to campaigns or wars outside living memory.

[Stephen Doughty (Cardiff South and Penarth) (Lab/Co-op)]

This is a very comprehensive list and the procedures the hon. Gentleman is suggesting make sense. Can he clarify the situation regarding commemoratives? I know that there is a much wider debate around whether they are right or wrong. I know that many veterans would like to see commemorative medals issued for service in, for example, the British Army of the Rhine or the cold war, but they are not issued by the Government. Can the hon. Gentleman be clear about the scope of the Bill? Does it affect commemoratives at all?

[Gareth Johnson]

Commemorative medals do not come under the umbrella of the Bill: if the award is not for valour, it is not covered by this legislation. The hon. Gentleman would have to bring his own private Member’s Bill if he wanted to add the type of medals he speaks about. Campaign medals are covered by the legislation and there is a very set test that I will outline in a moment that any Secretary of State has to follow before adding any items to the schedule.

The list could have gone on ad infinitum: there are so many different types of awards, so many different commemorative-class medals, ribbons and so on that could have been added to the list. Part of my intention was to keep the scope of the Bill narrow, so that it would be well understood and therefore manageable as a piece of legislation to go through Parliament.

[Kirsten Oswald (East Renfrewshire) (SNP)]

I am very interested in what the hon. Gentleman says about the different kinds of award and medal that are available and covered in the Bill. Does he agree that it is unfortunate that there is not a national defence medal that could be granted to all service personnel?

[Gareth Johnson]

The hon. Lady makes an interesting point. I know she feels very strongly about this issue; I believe that she led a Westminster Hall debate on the issue not long ago. The Bill is not about anything other than awards for valour, so that kind of medal is not included. That is not to say that we do not recognise and appreciate the courage of those individuals who have served, put on a uniform and been prepared to risk their lives for our country.

The Bill does not cover long-service awards and, again, that is not a failure to recognise the contribution those people put in. It is simply trying to ensure that, if someone pretends to have received an award for valour and are doing so with intent to deceive, they will be covered by this legislation. It again comes down to trying to keep the scope of the Bill manageable. If the hon. Lady wishes to pursue the issue she has mentioned, I will be happy to help in any way I can.

[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.

[Gareth Johnson]

Perhaps I could move on then.

[Mr Kevan Jones (North Durham) (Lab)]

The hon. Gentleman is taking a pragmatic approach. As a former Veterans Minister, I know that this could go on for pages and pages. Is he confident that the provisions cover the main area of medals? Most medals awarded by foreign Governments to members of our armed forces are not allowed to be worn but I think there are some exceptions whereby they are allowed to be worn, with the Queen’s permission. Are they included in these provisions?

[Gareth Johnson]

The list covers purely those awards sanctioned by Her Majesty and the Defence Council, as opposed to, for example, the Légion d’Honneur, which has been won by veterans from this country. Of course, if someone had legitimately been awarded the Légion d’Honneur and was wearing it, there is nothing wrong with that. They would be committing an offence only if they were wearing a medal or award that is in the schedule, with intent to deceive. If it were a foreign medal, it would not be covered by this schedule, which relates only to awards that have been given by Her Majesty, previous monarchs and the Defence Council.

[Mr Jones]

I think it would if the Queen had given permission. I am trying to rack my brains to think of them. There are a couple, I think, that are allowed to be included. Is the hon. Gentleman saying that it is only the ones that the Defence Council or the Queen have authorised to wear? If it is a foreign medal that has been given the Queen’s permission, it would be in the scope of this.

[Gareth Johnson]

If it is a foreign medal, it would not be. Trying to keep the list down to a manageable level is difficult enough with British medals. To try to include all medals from around the world as well would make it unworkable. It covers civilian awards such as the George Medal, the George Cross and the Queen’s Gallantry Medal. Quite often those awards are given to military personnel in any event.

The schedule does not cover awards from around the world. It was very tempting, when drafting the Bill, to include knighthoods and OBEs. The list goes on, frankly, and one has to decide where to draw the line. The line I have decided to draw is on awards for valour that have been sanctioned by Her Majesty the Queen.

[Tom Tugendhat (Tonbridge and Malling) (Con)]

My hon. Friend is making a good point but the hon. Member for North Durham also raised an interesting one. The Sultanates of Oman and Brunei, I suspect, are the areas that he is particularly thinking of. At various points, the Sultans have awarded medals. They are not normally awarded on exactly the same grounds as they would be in the United Kingdom. For example, teachers in the Sultanate of Oman have sometimes qualified if they were teaching the Sultan’s military personnel.

We must remember the comments of Queen Elizabeth I on foreign awards:

“My dogs shall wear no collars but mine own.”

However, in this circumstance, it makes sense to focus, as my hon. Friend does, on awards for valour issued by the Defence Council.

[Gareth Johnson]

Yes, of course.

[Brendan O'Hara (Argyll and Bute) (SNP)]

I understood that the Bill was intended to stop people parading in medals and awards to which they are not entitled. If the Bill covers only medals for valour, what is to stop the Walter Mitty characters simply continuing to do as they do, using long service or other medals, not medals for valour, in the hope that the public do not read the small print or understand the insignia and the ribbons attached to them? Surely, unless there is a blanket ban, it does not really address the problem.

[Gareth Johnson]

If somebody seeks to wear medals that are completely fictitious, that would not be covered by the Bill. If they wanted to wear Boer war medals, that would not be covered by the Bill. I come back to my original point—the Bill deals with a particular problem.

In my experience, the overwhelming majority of Walter Mitty characters tend to pretend that they have served in Afghanistan or in a recent conflict, such as the Falklands, and wear the medals that represent that. The Bill would stop the overwhelming majority of such instances. It will not cover every single example of someone being boastful and exaggerating their worthiness to others. It would be impossible to have a Bill to achieve that, without huge unintended consequences. The Bill ensures that the overwhelming majority of Walter Mitty-type characters—as the hon. Gentleman put it—are covered by legislation, the practice is stopped, and there is an end to the deep hurtfulness and offensiveness that they create, once and for all.

[Stephen Doughty]

I am sorry to press the hon. Gentleman further, but I have a point of information. I totally understand why he has chosen to draw the line where he has, but I can think of a number of common medals that one sees on display at the moment, including the Territorial Decoration and the Jubilee Medals. They are quite often worn by people and I am sure have been worn by some of those Walter Mitty characters. Will he explain why he did not choose to include those commonly worn medals?

[Gareth Johnson]

Because they are not awards for valour—that is it in a nutshell. These kinds of characters tend to wear a collection of medals; it is rare that just one medal is worn. The examples that we have had are of people who have worn a couple of dozen medals. It is absolutely ridiculous. I have not served in the armed forces, but anyone who has will immediately be able to recognise that it simply does not add up and therefore the person’s delusions are quite often picked up. It is rare that they would just wear one or two medals to claim their bravery.

[Mr Jones]

There is a common area that has been completely missed, which is NATO campaign medals. They are worn quite often, especially if we consider the 1980s, when we were not in the Afghanistan and Iraq phases and many servicemen would have got those medals.

[Gareth Johnson]

There was a discussion about the NATO Medal. It was felt that it did not come under the risk and rigour criteria, if I remember correctly.

There is nothing to stop the Secretary of State adding medals to the legislation at a later date. We have a Minister of State here. If there are omissions from the list—I do not believe that there are, but if there are—they can be added at a future date. There will be occasions when circumstances change and British forces are asked to serve in arenas that we are unaware of at the moment. Medals are likely to emanate from that. This is a moving beast and will have to modernise from time to time.

[Kirsten Oswald]

I appreciate the hon. Gentleman’s comments that there is scope for this to be reviewed in the future. He understands my sentiments about the prospect of a national defence medal, so it is positive to see that avenue. To take him back to the point about Walter Mitty characters and the majority of characters who behave in a certain way, which is the concern that led to the Bill being drafted, I do not know enough about that. Will he talk us through the detail of the evidence of the behaviours of people who are committing these kinds of offences, which I agree cause significant offence to those who are entitled to their medals?

[Gareth Johnson]

It is very difficult to estimate exactly how many Walter Mitty-type characters exist at the moment because the practice is not a criminal offence and therefore no record is kept. We do know, though, from various organisations that seek out these individuals, that it is likely that the numbers are measured in hundreds —not thousands or dozens. In my local British Legion club in Greenhithe, of which I am president, we have had at least two instances in my time there of people wearing medals and claiming to have served when they had not. Since I introduced this Bill numerous people have contacted me, offended by having attended a Remembrance Day service and seeing people wearing medals that clearly could not have been awarded to them. I am not claiming that this is rampant, but it is a growing and significant problem, given the internet, where people can purchase medals whenever they want to, relatively cheaply, and therefore curry favour. All four countries in the United Kingdom have a very rich military history and we are rightly proud of that. Because we are proud of that, and hold people who have served in high esteem, unfortunately there are those who want to elevate themselves to that position without having taken the risk that others have done. It is right that, when we see somebody wearing medals, we can continue to have confidence that they are the real deal; that they have been awarded those medals and are worthy of the respect that comes with them. That is what is behind the Bill.

[Stephen Doughty]

One can see many videos on Youtube of people posing wearing medals, but I am sure the hon. Gentleman would agree that the most concerning examples are those where people are trying to get money, often deceitfully, for non-existent charities or otherwise. They are using the medals as a way of getting money from the public.

[Gareth Johnson]

Of course, doing anything fraudulently to obtain money is a criminal offence, but at the moment it is not a criminal offence to try to curry favour, respect and elevation as a consequence of wearing medals when people are not entitled to do so.

[Brendan O'Hara]

To go back to the point made by my hon. Friend the Member for East Renfrewshire about the numbers involved, while I accept the goodwill behind the hon. Gentleman’s Bill, I note from the Defence Committee’s report on it that the Royal British Legion said in its written evidence that

“only a handful of such instances”

of non-veterans applying fraudulently for help could be recalled and that

“there are no reliable statistics to reveal the true scale of the problem”.

Even the Royal Air Force Families Federation said:

“We have no evidence either way but instinctively we would say it is not widespread”.

There seems to be a consensus among the military charities that this is not a major problem. Are we in danger of creating more legislation where the current legislation on fraud would cover what this is designed to prevent?

[Gareth Johnson]

Fraud law already exists, so that is dealt with separately. Again, it is difficult to get a handle on exactly how many people are guilty of this misbehaviour—as it is at the moment, rather than being a criminal offence. However, I would take issue with the hon. Gentleman’s comments. Numerous military charities that are fully supportive of the Bill have contacted me. They say that, particularly around the time of Remembrance Sunday and Armistice Day, numerous people have contacted them to say, “I’ve got this character at my local service and they are doing a massive disservice to the people who attend.” I am not saying that this is rampant or that there are thousands of people around the country, but there are certainly hundreds.

That is just one part—to tackle these Walter Mitty characters—but another, perhaps the most important part, of the Bill is about giving people confidence. It is a deterrent. It ensures that when we see somebody, we can have confidence that that individual is bona fide. That is one of the main reasons behind the Bill; it is a secondary purpose to catch those Walter Mitty characters and punish them through the law. I do not expect hundreds of arrests to flow from the Bill, but it is right to have it. Such legislation exists in most countries in the world, particularly in America, where the Stolen Valour Act protects people who have won the Purple Heart, for example. I understand that it works very well around the world and gives veterans the protection they deserve. It is high time that in this country, which has one of the richest military histories in the world, we protected our veterans in exactly the same way that we see in most other countries.

I shall move on to subsection (5)—back to the dryness of my speech. It contains clearly defined criteria that an award will have to meet to be added to the schedule. It will have to be a gallantry award, military or civilian, or a campaign medal awarded on the basis of risk and rigour. In the United Kingdom, a campaign medal will be approved to acknowledge a particular campaign or operation only if it meets the criteria of risk and rigour. Broadly speaking, the campaign or operation must have involved a risk of danger to life from enemy action, and it must have involved a level of rigour that is significantly greater than that experienced in more peaceful times. Those criteria are stringent and the bar is deliberately set high to ensure that when awards are made, they reflect the value of the sacrifice made by those who participated in the campaign.

--- Later in debate ---

[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.

[Gareth Johnson]

I shall briefly go through some of the points that have been raised. First, the hon. Member for East Renfrewshire asked me whether the offence can be committed unintentionally. It cannot be committed unintentionally: there needs to be a specific intent to deceive. I used the word “society”, but that is purely a phrase. It is up to the courts to decide the appropriate sentence, but it often makes sense that one who affronts society pays something back to society. Consequently, the offence will be publishable by imprisonment.

Fines used to be set for levels 1 to 5 right across the United Kingdom, with level 5 being the maximum. That was changed fairly recently to an unlimited fine in England and Wales for most magistrates court cases. That is why there is a slight difference in the penalties in the Bill. The fine can be up to level 5 for Northern Ireland and Scotland, but for England and Wales it simply says “a fine”. An unlimited fine would therefore be available for the magistrates to impose.

I am afraid I cannot read my own handwriting on the last point I wanted to make. If hon. Members want to intervene on any point I have not covered, I will do my best.

[Kirsten Oswald]

I appreciate the hon. Gentleman’s giving way; he has been incredibly generous with his time. I think his point written in unreadable handwriting might have said something about legislative consent motions or separate requirements for legislation.

[Gareth Johnson]

That is right. Matters involving the military are obviously not devolved matters, and the Bill therefore affects the whole of the United Kingdom. There does not need to be additional consultation. I understand that there is a debate in the Scottish Parliament tomorrow about justice, so that is an opportunity for MSPs to make contributions about this issue if they see fit.

The hon. Member for North Durham made an excellent speech, but to clarify one issue he raised, replicas will be covered if there is an intention to deceive when wearing them. If somebody has replicas of their own medals, that is perfectly fine; nobody is being deceived. The Bill will cover anything that resembles a medal or award that is covered by the new schedule. If a replica resembles one of those, that is sufficient if there is an intention to deceive. The reason for that is partly to save the police from having to examine forensically anything that someone is wearing.

I thank the hon. Member for Barnsley Central for his assistance and his constructive approach to the matter. He is absolutely right about the medal system being incredibly complex—it really is. Along with other hon. Members, he rightly mentioned that this is not a party political Bill in any way, shape or form. The Bill is as much a Labour party Bill as it is a Scottish National party Bill and a Conservative Bill—it is even a Liberal Democrat Bill. [Hon. Members: “Steady on!”] All right; it is not a party political Bill. It is a Bill that we have debated the merits of, and it is not something any political party would in any way take credit for.

The hon. Members for Argyll and Bute and for Cardiff South and Penarth rightly mentioned mental health issues. The offence in the Bill requires specific intent. If somebody is not capable of forming the necessary intent to commit the offence, they are not guilty of the offence. The Crown Prosecution Service has an additional safeguard—as I am sure does the procurator fiscal in Scotland—whereby a prosecution has to be in the public interest to be brought. I submit that it would not be in the public interest to bring a case in which someone clearly had such serious mental health problems as to be incapable of committing this offence. I hope I have allayed hon. Members’ fears on that.

There is scope to add additional medals, such as commemorative medals, to the new schedule, as we see fit. A colleague of mine said, in a rather tongue-in-cheek way, that a man flu medal should be added to the list. That is not going to happen.

The final question was why the Bill was brought before Parliament. I was pulled out in the ballot—that is why. This is the only opportunity I have ever had to bring in a Bill.

[The Chair]

For the convenience of the Committee, I should explain before I put the Question on clause 1 that if a Member wishes to substitute new clause 1 for clauses 1 and 2, he or she should vote no to clauses 1 and 2 standing part of the Bill. We will come to the decision on whether to add new clause 1 and new schedule 1 to the Bill later.

Question put and negatived.

Clause 1 accordingly disagreed to.

Clause 2 disagreed to.

Clause 3

Extent, commencement and short title

Amendment made: 4, in clause 3, page 2, line 13, leave out

“on the day after the day on which it receives Royal Assent”

and insert

“at the end of the period of two months beginning with the day on which it is passed”.—(Gareth Johnson.)

Clause 3, as amended, ordered to stand part of the Bill.

New Clause 1

Offence of wearing awards with intent to deceive

“(1) A person commits an offence if, with intent to deceive, the person wears—

(a) an award specified in the Schedule, or

(b) something which has the appearance of being an award specified in the Schedule.

(2) In this Act “award” includes anything representing an award, including in particular—

(a) a miniature cross, medal or star;

(b) a ribbon;

(c) a bar;

(d) a rosette;

(e) an emblem.

(3) A person guilty of an offence under this section is liable on summary conviction—

(a) in England and Wales, to imprisonment for a term not exceeding 3 months or a fine;

(b) in Scotland or Northern Ireland, to imprisonment for a term not exceeding 3 months or a fine not exceeding level 5 on the standard scale.

(4) The Secretary of State may by regulations amend the Schedule by—

(a) adding awards to it;

(b) removing awards from it;

(c) amending the description of awards specified in it.

(5) The regulations may add an award to the Schedule only if it is awarded in respect of—

(a) acts involving gallantry, or

(b) involvement in a campaign or operation entailing—

(i) the risk of danger to life from enemy action, and

(ii) a level of rigour significantly greater than might normally be expected in a non-operational environment.

(6) Regulations under this section are to be made by statutory instrument.

(7) Regulations under this section may include incidental, supplementary, consequential, transitional, transitory or saving provision.

(8) A statutory instrument containing regulations under this section may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.”—(Gareth Johnson.)

Brought up, read the First and Second time, and added to the Bill.

New Schedule 1

Awards

“Part 1

Gallantry awards