Awards for Valour (Protection) Bill

James Cartlidge Excerpts

Report stage: House of Commons
Friday 24th February 2017 Commons Chamber

[James Cartlidge (South Suffolk) (Con)]

Is my hon. Friend suggesting that if someone goes around wearing a fake Victoria Cross, they should not be covered by this legislation, and that they should be covered by it only if they have a genuine one that they have stolen?

[Philip Davies]

The Bill does not say, “If someone goes around with a fake Victoria Cross”; it refers to

“something which has the appearance of being an award”.

That is all-encompassing, and somebody would be committing a criminal offence by wearing something that somebody else perhaps thinks has the appearance of something. Who decides whether it had the appearance of something else? Presumably a court would have to decide whether it had such an appearance. Does the distance from which it was seen make a difference? If someone sees something from a long distance it may well have the appearance of a certain thing, but up close it may be obvious that it is not that thing. From what distance are we judging that something “has the appearance of”? We are introducing the law of the land here, and this is airy-fairy at best. It is certainly not precise enough to be tested in a court of law. Who is to decide this? Does someone go along and say, “It gave me the appearance of being an award”? Is that good enough? I really do not know where we are with that.

--- Later in debate ---

[Philip Davies]

I am sorry that my hon. Friend takes that attitude. I have tabled some amendments that have been found to be in order by the Speaker. I do not know whether my hon. Friend is questioning the Speaker’s selection of amendments, but they are all in order, which is why they have been selected for debate. If they were not, they would not have been selected. I am going rather rapidly through each of them, which is what we are supposed to do on Report—we table amendments and go through them to explain the purpose behind them, and then people can explain why they disagree. That takes as long as it takes. I do not think I have been dwelling unnecessarily on any particular amendment, so I am sorry that my hon. Friend takes that view. I do not set the timings for debates; if the debate could last longer, I would be happy for it to do so, but I do not set the rules. I am going to go through the amendments and explain why I have tabled them. I am sorry that he does not like people doing that with legislation in the House of Commons, but that is what the House is for.

[James Cartlidge]

On a point of principle, does my hon. Friend think that people who deface war cemeteries should be subject to criminal sanction?

[Philip Davies]

As it happens, yes I do, but I think we are straying from the point. I do not want to test your patience by going off on a tangent, Madam Deputy Speaker; I am trying to stick to my amendments. As it happens, I agree with my hon. Friend, but unfortunately that is not what the Bill is about, and it certainly is not what my amendments are about.

The amendments would remove the custodial sentence for the offence in England and Wales. It is bizarre: as a member of the Justice Committee, I regularly listen to Justice questions, and I hear everyone—apart from me and a few other notable exceptions—seemingly agreeing that fewer people should be sent to prison. In fact, the Labour party recently proposed that we should let half the people out of prison—not too long ago, the shadow Attorney General in the Lords recommended that the prison population should be halved, although the Commons Front-Bench team distanced themselves from that suggestion. How on earth can we be desperately trying to get people out of prison who have been convicted of burglary, robbery, arson and all these things—