Point of Order

John Bercow Excerpts

1st reading: House of Commons
Wednesday 29th June 2016 Commons Chamber

[Pete Wishart (Perth and North Perthshire) (SNP)]

On a point of order, Mr Speaker. Page 49 of “Erskine May” refers to the official Opposition as

“the largest minority party which is prepared, in the event of the resignation of the Government, to assume office”.

The current official Opposition has lost two thirds of its shadow Cabinet. Their leader and what remains of the Front-Bench team no longer command the support of the overwhelming majority of their Back Benchers. They can now no longer provide shadow Ministers for large Departments of State. They are clearly in no shape to assume power or to meet the key responsibilities outlined in “Erskine May”. Given these obvious failings, what steps would now need to be taken to have the official Opposition replaced with one that can meet the responsibilities set out clearly in “Erskine May”?

[Mr Speaker]

I am familiar with “Erskine May”, as the hon. Gentleman would expect, and I am genuinely grateful to him for giving me notice of his point of order. I can confirm that the Labour party currently constitutes the official Opposition and that its leader is recognised by me, for statutory and parliamentary purposes, as the Leader of the Opposition. He will have noticed that I called the Leader of the Opposition earlier to ask a series of questions of the Prime Minister. He will also be aware that today we have Opposition business duly chosen by the Leader of the Opposition, as indicated on the Order Paper. I should perhaps add that in making these judgments and pronouncing in response to points of order, I do give, and have given, thought to the matter, and I have also benefited from expert advice. These matters are not broached lightly. I understand the vantage point from which he speaks, but he raised the question and I have given him the answer. We will leave it there for now.

Bills presented

Sexual Offences (Pardons Etc) Bill

Presentation and First Reading (Standing Order No. 57)

John Nicolson, supported by Amanda Solloway, Keir Starmer, Stewart Malcolm McDonald, Iain Stewart, Sarah Champion, Tommy Sheppard, Paula Sherriff, Nigel Huddleston, Stephen Twigg and Dr Philippa Whitford, presented a Bill to make provision for the pardoning, or otherwise setting aside, of cautions and convictions for specified sexual offences that have now been abolished; and for connected purposes.

Bill read the First time; to be read a Second time on Friday 21 October, and to be printed (Bill 6).

Homelessness Reduction Bill

Presentation and First Reading (Standing Order No. 57)

Bob Blackman, supported by Mr Clive Betts, Helen Hayes, Mr Mark Prisk, Kevin Hollinrake, David Mackintosh, Alison Thewliss, Jim Shannon, Mary Robinson, Julian Knight, Mr David Burrowes and Liz Kendall, presented a Bill to amend the Housing Act 1996 to make provision about measures for reducing homelessness; and for connected purposes.

Bill read the First time; to be read a Second time on Friday 28 October, and to be printed (Bill 7).

National Minimum Wage (Workplace Internships) Bill

Presentation and First Reading (Standing Order No. 57)

Alec Shelbrooke presented a Bill to require the Secretary of State to apply the provisions of the National Minimum Wage Act 1998 to workplace internships; and for connected purposes.

Bill read the First time; to be read a Second time on Friday 4 November, and to be printed (Bill 8).

Parliamentary Constituencies (Amendment) Bill

Presentation and First Reading (Standing Order No. 57)

Pat Glass presented a Bill to amend the Parliamentary Constituencies Act 1986 to make provision about the number and size of parliamentary constituencies in the United Kingdom; to specify how the size of a constituency is to be calculated; and for connected purposes.

Bill read the First time; to be read a Second time on Friday 18 November, and to be printed (Bill 9).

Awards for Valour (Protection) Bill

Presentation and First Reading (Standing Order No. 57)

Kelly Tolhurst, on behalf of Gareth Johnson, presented a Bill to prohibit the wearing or public display, by a person not entitled to do so, of medals or insignia awarded for valour, with the intent to deceive.

Bill read the First time; to be read a Second time on Friday 25 November, and to be printed (Bill 10).

Benefit Claimants Sanctions (Required Assessment) Bill

Presentation and First Reading (Standing Order No. 57)

Mhairi Black, supported by Chris Law, Mr Dennis Skinner, Liz Saville Roberts, Caroline Lucas, Ian Blackford, Carolyn Harris, Angela Crawley and Andrew Percy, presented a Bill to require assessment of a benefit claimant’s circumstances before the implementation of sanctions; and for connected purposes.

Bill read the First time; to be read a Second time on Friday 2 December, and to be printed (Bill 11).

Preventing and Combating Violence against Women and Domestic Violence (Ratification of Convention) Bill

Presentation and First Reading (Standing Order No. 57)

Dr Eilidh Whiteford, supported by Mrs Maria Miller, Jess Phillips, Gavin Newlands, Liz Saville Roberts, Fiona Mactaggart, Angela Crawley, Mr Alistair Carmichael, Ms Margaret Ritchie, Alison Thewliss and Lady Hermon, presented a Bill to require the United Kingdom to ratify the Council of Europe Convention on preventing and combating violence against women and domestic violence (the Istanbul Convention); and for connected purposes.

Bill read the First time; to be read a Second time on Friday 16 December, and to be printed (Bill 12).

Families with Children and Young People in Debt (Respite) Bill

Presentation and First Reading (Standing Order No. 57)

Kelly Tolhurst, supported by Mark Garnier, Amanda Milling, Craig Mackinlay, Victoria Borwick, Roger Mullin, Angela Crawley, Antoinette Sandbach, Yvonne Fovargue, Ian Paisley, Ben Howlett and Jo Churchill, presented a Bill to place a duty on lenders and creditors to provide periods of financial respite for families with children and young people in debt in certain circumstances; to place a duty on public authorities to provide access to related advice, guidance and support in those circumstances; and for connected purposes.

Bill read the First time; to be read a Second time on Friday 28 October, and to be printed (Bill 13).

Registration of Marriage Bill

Presentation and First Reading (Standing Order No. 57)

Edward Argar, supported by Sir Simon Burns, Victoria Atkins, Simon Hoare, Seema Kennedy, Wes Streeting, Christina Rees, Jess Phillips, Stephen Doughty, Nigel Huddleston and Greg Mulholland, presented a Bill to make provision about the registration of marriages.

Bill read the First time; to be read a Second time on Friday 21 October, and to be printed (Bill 14).

Assets of Community Value Bill

Presentation and First Reading (Standing Order No. 57)

James Morris presented a Bill to make provision about the disposal of land included in a local authority’s list of assets of community value; and for connected purposes.

Bill read the First time; to be read a Second time on Friday 25 November, and to be printed (Bill 15).

Double Taxation Treaties (Developing Countries)

Presentation and First Reading (Standing Order No. 57)

Roger Mullin, supported by Kirsty Blackman, Patrick Grady, Michelle Thomson, George Kerevan and Ian Blackford, presented a Bill to place a duty on the Chancellor of the Exchequer to align the outcomes of double taxation treaties with developing countries with the goal of the United Kingdom’s overseas development aid programme for reducing poverty and to report to Parliament thereon; and for connected purposes.

Bill read the First time; to be read a Second time on Friday 16 December, and to be printed (Bill 16).

Farriers (Registration)

Presentation and First Reading (Standing Order No. 57)

Byron Davies, supported by Chris Davies, Dr James Davies, Craig Williams and Mike Wood, presented a Bill to make provision about the constitution of the Farriers Registration Council and its committees.

Bill read the First time; to be read a Second time on Friday 13 January, and to be printed (Bill 17).

Parking Places (Variation of Charges)

Presentation and First Reading (Standing Order No. 57)

David Tredinnick presented a Bill to make provision in relation to the procedure to be followed by local authorities when varying the charges to be paid in connection with the use of certain parking places.

Bill read the First time; to be read a Second time on Friday 25 November, and to be printed (Bill 18).

Disability Equality Training (Taxi and Private Hire Vehicle Drivers)

Presentation and First Reading (Standing Order No. 57)

Andrew Gwynne, supported by Andrew Stephenson, Mrs Sharon Hodgson, Byron Davies, Norman Lamb, Lyn Brown, Mark Menzies, Barbara Keeley, Robert Flello, Mims Davies, Helen Jones and Diana Johnson, presented a Bill to make the completion of disability equality training a requirement for the licensing of taxi and private hire vehicle drivers in England and Wales; and for connected purposes.

Bill read the First time; to be read a Second time on Friday 18 November, and to be printed (Bill 19).

Gangmasters (Licensing) and Labour Abuse Authority

Presentation and First Reading (Standing Order No. 57)

Louise Haigh, supported by Mr Chuka Umunna, Mr Iain Wright, Chris White, James Cleverly, Paul Blomfield, Lisa Nandy, Will Quince, Greg Mulholland, Chris Stephens, Stella Creasy and Mr Dennis Skinner, presented Bill to amend the Gangmasters (Licensing) Act 2004 to apply its provisions to certain sectors including construction, care services, retail, cleaning, warehousing and the transportation of goods; and for connected purposes.

Bill read the First time; to be read a Second time on Friday 4 November, and to be printed (Bill 20).

International Trade and Investment (NHS Protection)

Presentation and First Reading (Standing Order No. 57)

Mrs Anne Main, on behalf of Mr Peter Lilley, presented a Bill to require the National Health Service to be exempted from the provisions of international trade and investment agreements; and for connected purposes.

Bill read the First time; to be read a Second time on Friday 2 December, and to be printed (Bill 21).

Kew Gardens (Leases)

Presentation and First Reading (Standing Order No. 57)

Mr Ian Liddell-Grainger presented a Bill to provide that the Secretary of State’s powers in relation to the management of the Royal Botanic Gardens, Kew, include the power to grant a lease in respect of land for a period of up to 150 years.

Bill read the First time; to be read a Second time on Friday 18 November, and to be printed (Bill 22).

Merchant Shipping (Homosexual Conduct)

Presentation and First Reading (Standing Order No. 57)

John Glen presented a Bill to repeal sections 146(4) and 147(3) of the Criminal Justice and Public Order Act 1994.

Bill read the First time; to be read a Second time on Friday 20 January, and to be printed (Bill 23).

Counter-Terrorism and Security Act 2015 (Amendment)

Presentation and First Reading (Standing Order No. 57)

Lucy Allan presented a Bill to repeal provisions in the Counter-Terrorism and Security Act 2015 requiring teachers, carers and responsible adults to report signs of extremism or radicalisation amongst children in primary school, nursery school or other pre-school educational settings; and for connected purposes.

Bill read the First time; to be read a Second time on Friday 27 January, and to be printed (Bill 24).

Child Poverty in the UK (Target for Reduction)

Presentation and First Reading (Standing Order No. 57)

Dan Jarvis presented a Bill to establish a target for the reduction of child poverty in the United Kingdom; to make provision about reporting against such a target; and for connected purposes.

Bill read the First time; to be read a Second time on Friday 3 February, and to be printed (Bill 25).

Awards for Valour (Protection) Bill

John Bercow Excerpts

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

[Philip Davies (Shipley) (Con)]

I beg to move, That the clause be read a Second time.

[Mr Speaker]

With this it will be convenient to discuss the following:

New clause 2—Wearing an award in a public house—

“A person is not guilty of an offence under section 1(1) if they are wearing the ‘award’ in a public house.”

New clause 3—Wearing an award in a place that is not public—

“A person is not guilty of an offence under section 1(1) if they are not wearing the ‘award’ in a public place.”

New clause 4—Wearing an award listed in the Schedule—

“A person is not guilty of an offence under section 1(1) if they are entitled to wear any of the other awards listed in the Schedule.”

New clause 5—Person serving in the Armed forces for more than 2 years—

“A person is not guilty of an offence under section 1(1) if they have served in the Armed Forces for more than 2 years.”

New clause 6—Person serving in the Armed forces diagnosed with Post Traumatic Stress Disorder—

“A person is not guilty of an offence under section 1(1) if they have served in the Armed Forces and as a result of front line service have been medically diagnosed with Post Traumatic Stress Disorder.”

New clause 7—Family member of the person awarded the medal—

“(1) A person is not guilty of an offence under section 1(1) if they are a family member of the person given the award.

(2) For the purposes of subsection (1), someone is a family member of the person if—

(a) he is the spouse or civil partner of that person, or he and that person live together as husband and wife or as if they were civil partners, or

(b) he is that person’s parent, grandparent, child, grand-child, brother, sister, uncle, aunt, nephew or niece.

(3) For the purpose of subsection (2)(b)—

(a) a relationship by marriage or civil partnership shall be treated as a relationship by blood,

(b) a relationship of the half-blood shall be treated as a relationship of the whole blood,

(c) the stepchild or adopted child of a person shall be treated as his child, and

(d) an illegitimate child shall be treated as the legitimate child of his mother and reputed father.”

New clause 8—Report on number of convictions—

“The Government is required to place before each House of Parliament figures showing—

(a) the number of convictions and

(b) the sentences imposed

for the offence of wearing medals with intent to deceive each year following this Act coming into force on, or as near as possible, to the 12 month anniversary of that date.”

New clause 9—Expiry of the Act—

“(1) This Act shall expire at the end of 2022 unless an order is made under this section.

(2) An order under this section shall be made by statutory instrument; but no order shall be made unless a draft has been laid before, and approved by resolution of, each House of Parliament.”

Amendment 1, in clause 1, page 1, line 4, leave out paragraph (b).

Amendment 2, page 1, line 6, leave out “anything representing an award,”.

Amendment 3, page 1, line 6, leave out from second “award,” to end of the subsection.

Amendment 4, page 1, line 15, leave out

“imprisonment for a term not exceeding three months or”.

Amendment 6, page 1, line 15, leave out “3 months” and insert “1 day”.

Amendment 8, page 1, line 15, leave out “3 months” and insert “7 days”.

Amendment 10, page 1, line 15, leave out “3 months” and insert “14 days”.

Amendment 12, page 1, line 15, leave out “3 months” and insert “21 days”.

Amendment 14, page 1, line 15, leave out “3 months” and insert “28 days”.

Amendment 16, page 1, line 16, after “fine” insert

“not exceeding level 1 on the standard scale”.

Amendment 18, page 1, line 16, after “fine” insert

“not exceeding level 2 on the standard scale”.

Amendment 20, page 1, line 16, after “fine” insert

“not exceeding level 3 on the standard scale”.

Amendment 22, page 1, line 16, after “fine” insert

“not exceeding level 4 on the standard scale”.

Amendment 5, page 1, line 17, leave out

“imprisonment for a term not exceeding three months or”.

Amendment 7, page 1, line 18, leave out “3 months” and insert “1 day”.

Amendment 9, page 1, line 18, leave out “3 months” and insert “7 days”.

Amendment 11, page 1, line 18, leave out “3 months” and insert “14 days”.

Amendment 13, page 1, line 18, leave out “3 months” and insert “21 days”.

Amendment 15, page 1, line 18, leave out “3 months” and insert “28 days”.

Amendment 17, page 1, line 18, leave out “5” and insert “1”.

Amendment 19, page 1, line 18, leave out “5” and insert “2”.

Amendment 21, page 1, line 18, leave out “5” and insert “3”.

Amendment 23, page 1, line 18, leave out “5” and insert “4”.

Amendment 24, page 1, line 20, after “may” insert ” not”.

Amendment 25, page 1, line 21, leave out paragraph (a).

Amendment 26, page 2, line 1, leave out paragraph (c).

Amendment 27, page 2, line 2, leave out subsection 5.

Amendment 28, page 2, line 6, leave out subparagraph (i).

Amendment 29, page 2, line 10, leave out subsection (7).

Amendment 31, page 2, line 17, in clause 2, leave out “two” and insert “four”.

Amendment 32, page 2, line 17, leave out “two” and insert “six”.

Amendment 33, page 2, line 17, leave out “two months” and insert “one year”.

Amendment 34, page 2, line 17, leave out “two months” and insert “two years”.

[Philip Davies]

As I said on Second Reading, I do not support the Bill. In fact, as I went through it with a view to amending it, what struck me was that, in many respects, I was trying to amend the unamendable. I cannot emphasise enough, however, how much I understand the sincere intentions of my hon. Friend the Member for Dartford (Gareth Johnson) in introducing the Bill, the effort he has put into it and his efforts to find a compromise that suits everyone. I commend him for his sincerity and for his attempt to find a way forward with which everyone agrees. I just cannot agree with him on this occasion. Should the Bill proceed, I hope that my amendments will be accepted, as I believe they will save it from having some unintended consequences and reduce the chances of criminalising people who may be unintentionally caught by it as it stands.

The Bill is considerably different from the one that appeared on Second Reading. That is very much to my hon. Friend’s credit and shows how much effort he has made to find a workable solution. I am grateful to him for taking on board many of the points that I made in the Second Reading debate. However, I still feel that the Bill is deficient, so I will go through the amendments I have tabled. I hope that they may find favour.

New clause 1 would ensure that

“The offence of wearing awards with intent to deceive is triable only summarily.”

It implies that the offence must be dealt with in a magistrates court only. Some may think that the new clause is unnecessary, but it would mean that people had to think twice before amending the legislation to increase the sentence. That is the purpose of new clause 1: it is a safeguard in that respect. That was specifically mentioned by the Select Committee on Defence in its report on the Bill.

New clause 2 would ensure that

“A person is not guilty of an offence under section 1(1) if they are wearing the ‘award’ in a public house.”

The “intention to deceive” element of the offence could be committed in a variety of circumstances. Seeking to deceive for financial gain would already be covered by fraud legislation. This Bill is clearly supposed to include other types of deception. That could be the intention to deceive to gain respect or to impress a potential future partner. The new clause deals with people in a pub.

We all know that pubs are places where all kinds of rubbish are talked at times by people—not just in pubs, I hasten to add, but particularly in pubs. To think that someone could have a few too many, boast about something to which they have no right with a cheap replica medal bought off eBay or wherever and end up with a criminal conviction is rather over the top. The new clause would remove that possibility. When my hon. Friend conceived the Bill—again, I applaud his sincerity—it was about people who turn up at Remembrance Day parades and events such as that purporting to be someone they are not. Therefore, ensuring that the provision does not apply to people in a public house would help to get us back to the Bill’s original intention.

New clause 3 would ensure that

“A person is not guilty of an offence under section 1(1) if they are not wearing the ‘award’ in a public place.”

Therefore, it would provide the defence of the offence taking place in private. It is important, given the Bill’s intention, to limit the offence to a public place. If someone gets a medal out and uses it to impress someone in their own home or in private property—a private club or somewhere like that—I do not see why that should be an offence. I cannot believe that that is what people think of when they think of people with criminal convictions. If someone wants to argue that some private places should be covered, I would ask, what about the unintended consequences? Is it not time that we stopped ignoring the foreseeable consequences of legislation? Someone who boasts to a woman he has met in a pub that he has a medal, which turns out not to be his, is a copy or is something that looks like an award, could find himself in court with a criminal record for the first time. Some people might not care about that—they might think, “Well, they had that coming”—but I do care. I think we have enough people committing serious offences that we do not deal with properly, and to create offences for those who are likely to have issues anyway, probably including mental health ones, to be committed in the privacy of their home strikes me as being rather over the top.

New clause 4 would insert:

“A person is not guilty of an offence under section 1(1) if they are entitled to wear any of the other awards listed in the Schedule.”

The defence would be that they are entitled to wear a medal named in the long list at the end of the schedule, but they just happen to be wearing the wrong one. If someone is allowed to wear one medal but wears a different one—not an additional one, but just a different one—even if it is a case of enhanced valour, why should they be criminalised if they were entitled to wear a medal on the list? I do not think that that should be a criminal offence. It might not happen often, but it is certainly not impossible, and, assuming it did happen, would we really want to criminalise that person? Would it not be better to make it clear in the Bill that that person would not be criminalised?

New clause 5 would insert:

“A person is not guilty of an offence under section 1(1) if they have served in the Armed Forces for more than 2 years.”

As with the amendment on existing entitlement, I do not think people really had it in mind to criminalise former or current members of our armed forces for this offence. I return to the point about an intent to deceive to gain respect—added respect, I guess. Do we really want to go down that route? We should not want to risk criminalising someone who has risked their life serving our country just because they might have tried to embellish their record in some way. This amendment would remove that possibility for those who have served for two years or more in the armed forces.

New clause 6 would insert:

“A person is not guilty of an offence under section 1(1) if they have served in the Armed Forces and as a result of front line service have been medically diagnosed with Post Traumatic Stress Disorder.”

In a similar vein to the amendments about serving or former members of the armed forces, this amendment would protect, in many respects, many of the most vulnerable people—those with diagnosed PTSD. Those who have been seriously affected by frontline service and who have this condition as a result could be more susceptible than those without to fall foul of this proposed legislation, and I would not want to see that person either intentionally or unintentionally caught out. I would rather make it abundantly clear in the Bill that they could not be caught by the legislation.

New clause 7 would insert:

“(1) A person is not guilty of an offence under section 1(1) if they are a family member of the person given the award.

(2) For the purposes of subsection (1), someone is a family member of the person if—

(a) he is the spouse or civil partner of that person, or he and that person live together as husband and wife or as if they were civil partners, or

(b) he is that person’s parent, grandparent, child, grand-child, brother, sister, uncle, aunt, nephew or niece.

(3) For the purpose of subsection (2)(b)—

(a) a relationship by marriage or civil partnership shall be treated as a relationship by blood,

(b) a relationship of the half-blood shall be treated as a relationship of the whole blood,

(c) the stepchild or adopted child of a person shall be treated as his child, and

(d) an illegitimate child shall be treated as the legitimate child of his mother and reputed father.”

Again, this amendment deals with family members of those given an award. My concern is that they might well have a medal, especially if the person in question has sadly died. Their chances of becoming susceptible to the provisions of the Bill must therefore be greater than for the average person, by definition.