Awards for Valour (Protection) Bill

Debate between Philip Davies and Lord Mackinlay of Richborough

Friday 25th November 2016 Commons Chamber

[Philip Davies]

I am not entirely sure whether my hon. Friend has been following the debate thus far, but it seems to me that what I am doing for the benefit of him and others is demolishing bit by bit the points made by the people who are proposing this Bill. It is yet another of the arguments we have had for the Bill that we should be doing these things because that is what other countries are doing. That was one of the key planks of the opening remarks by my hon. Friend the Member for Dartford, but I did not hear my hon. Friend the Member for North Dorset pull him up on that point and say it was irrelevant. If he had said at that point, “Why on earth are you on about other countries? That is irrelevant,” or if he had made a similar intervention after my right hon. Friend the Member for New Forest East had made similar points, I would have had a bit of sympathy with them, but it seems that he is now clutching at straws to try to defend a Bill that is becoming increasingly indefensible because it is completely unnecessary. I have been knocking down each point that has been made, and he cannot actually answer my points; all he can say is, “The point we made at the start about why this Bill is so necessary is not really one of our main points.” I cannot second-guess what the real points are, and I can base my points only on the arguments that have been made by the people who propose the Bill. If people want to make other arguments, I am prepared to listen to those, but, thus far, I have not heard any. One of the key planks was that we have to do these things because other countries are doing them—my right hon. Friend the Member for New Forest East made that point himself.

With regard to Australia, the Library said:

“Australia’s Federal Prosecution Service publishes some slightly more useful figures but even then it is difficult to say with certainty that they were related to stolen valour. In 2012-13”—

the latest year for which figures are available—the service

“dealt with 2 cases under the Defence Act 1903. However, the statistics don’t state what the specific offences were.”

The Library also states:

“much of the information found has been the result of media searches. For example, an article in The Herald Sun in September 2014 suggested that in the state of Victoria alone, over the last ten years…‘five people have been charged by police with impersonating a returned soldier, two people have been charged with impersonating a member of the defence force and seven people have been charged with improper use of defence service decoration.’”

In New Zealand, statistical information of this nature is presented in the same way. The offence of wearing an unauthorised military decoration could feasibly be included in fraud, public order or miscellaneous offences in the country’s database, so it is difficult to pinpoint the extent of the problem.

In Australia and New Zealand there is a group called ANZMI—the Australian and New Zealand Military Imposters group—which is dedicated to exposing military imposters. It has a section on its website that lists individuals it considers to be military imposters. The information it provides is not official, and has not necessarily led to a prosecution, so it should be treated with some caution. It does not appear that there are lots of prosecutions for all offences, never mind for the offence of wearing a medal.

Some people who wear medals to deceive will be evil characters—most likely with the intention of gaining something for themselves. That will be something financial in a lot of cases, or it may be to impress other people. The ones who set out to deceive for non-monetary purposes must have a different reason for doing so—maybe to gain respect, to big themselves up or to attract a member of the opposite, or the same, sex. Who knows?

However, I am concerned that people with mental health issues may be disproportionately affected by this offence, rather than by the fraud offence.

[Craig Mackinlay]

I thank my hon. Friend for the list of countries that have already enacted similar pieces of legislation. He finds very few cases of people being taken to court because of them. Is that not entirely the purpose of the Bill—to have a powerful deterrent effect? Given the small number of cases abroad, that legislation has obviously worked.

[Philip Davies]

The problem with that argument, attractive though it is superficially, is that we have not been able to find a great many cases of these things happening in the UK when there is no legislation in place. It seems that these things are just as rare in countries such as ours, that do not have legislation, as in countries that have legislation. In fact, I suspect that one reason why many countries do not have legislation is that nobody has ever found this to be a problem. That is the whole reason why many things are not legislated for in countries; things tend to be legislated on when there is seen to be a problem, and something needs to be done. The fact that nothing is happening in countries with these laws would indicate that there must be even less happening in those countries without them. I do not follow the logic of my hon. Friend’s position.