Awards for Valour (Protection) Bill (First sitting)

Stephen Doughty Excerpts

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

[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.

--- Later in debate ---

[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.

--- Later in debate ---

[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.

--- Later in debate ---

[Mike Penning]

It was a subtle hint.

There is one area that we will look at, given the powers in the Bill, when we get some time: the UN Medal. Ever more of our troops are in danger and at risk and fit the criteria. Quite rightly, they get the UN Medal, but it does not come under this. The hon. Member for Dartford is absolutely right: there is an unlimited number of medals and honours that we could look at, some of which do not cover a traditional UN role, such as the Cyprus situation, in a buffer zone. There are really different situations—not least the troops whom we recently sent to South Sudan. We are in that environment today, under the UN.

I want to draw my comments to a close and say congratulations: it is difficult to get to this position. Hon. Members have had private Member’s Bill after private Member’s Bill way up the list but they have not come to fruition, often because those hon. Members have not been pragmatic enough. Having such a narrowly focused Bill, which specifically targets people that hurt other people’s feelings and memories, is absolutely spot on. I congratulate my hon. Friend and hope we can move on swiftly with the voting.

[Stephen Doughty]

It is a pleasure to serve under your chairmanship, Ms Ryan. I intend to be very brief as well.

First, I offer my wholehearted support for the Bill. If I had got lucky in the private Members’ ballot, I would have thought of introducing something similar, so when I heard that the hon. Member for Dartford had brought this Bill forward, I was delighted to add my name as one of its supporters. I praise his cross-party approach and generosity in answering the many reasonable questions. He has clearly had a difficult job in narrowing the Bill down, but he has found a happy balance that will make a big difference to the offence of wearing medals inappropriately on the part of those who simply do not deserve them or have not been awarded them.

When we read some of the citations, let alone the wider stories, particularly around some of the medals awarded for the highest valour, we understand how inappropriate such impersonation is and the offence caused to serving members or those who have been in receipt of such awards.

This weekend, I was standing outside the West House in Penarth, our town council headquarters; memorialised on the wall were two Penarth recipients of the Victoria Cross in world war one. Reading such citations, particularly when they are for one’s own constituents, past or present, is a humbling experience for us all.

As I mentioned earlier, I have seen the many regrettable characters who attempt to portray themselves inappropriately in this way. There are many examples one can look at online, on YouTube. People have rightly been challenged by actual serving members of the armed forces, and those who have actually been in receipt of these medals have rightly asked such people to explain themselves. Unfortunately, I think the practice is more widespread than perhaps we realised.

I am pleased to hear what has been said about the issue of intent and those who have mental illnesses. There was an example at Remembrance Day last year of an individual who is well known to the community and is not necessarily causing offence to anybody; there is acceptance that this individual literally thinks they were serving and had awards. There is a general sense in the community that we would not want to see someone like that criminalised. There are clearly others, though, who are doing it for wrong reasons, or even to get money or other things.

I shall briefly raise three issues. I have already mentioned commemoratives, something we might need to return to in the future. I can see how these can be used to attempt to deceive, but I also understand that there is a great deal of debate about the issue in the veterans community, particularly when it comes to people who feel they should have been awarded something, but never were.

[Mike Penning]

It’s a minefield.

[Stephen Doughty]

Indeed; I have spoken to people on both sides of the argument and it is a complex and emotive issue, as my hon. Friend the Member for Barnsley Central said.

The second issue, which has certainly been of concern to a number of my constituents who served on the Arctic convoys in the second world war, was the non-ability to receive the Ushakov Medal that had been awarded by the Russian Government, despite their having been awarded by many other allies from the second world war. I am glad to say that that was eventually resolved and members were able to receive the Ushakov Medal. Indeed, a number of them now wear it proudly, particularly at our merchant navy and Royal Navy memorials in Cardiff and Penarth. I know a number of individuals who were in receipt of it. Given what has been said about foreign medals, I am glad that they will not come within the scope of the Bill. Although I would not want to see people attempting to deceive through the wearing of foreign awards, I would not want people unnecessarily criminalised for wearing things from foreign Governments to which they were duly entitled.

The last issue has been raised by a number of constituents, and one in particular. I hope that I might tempt the Minister to intervene on me. It is clearly not something that we are going to be able to address; I considered tabling an amendment but did not, given the tight scope that the hon. Member for Dartford was attempting for the Bill. It is the issue of impersonation: attempting to deceive by the wearing of uniform or the false use of rank, particularly on letterheads or business cards. I know of a number of examples locally where individuals have tried to achieve social standing, financial gain and other access that they would not otherwise have got, particularly through the abuse of post-nominals in relation to awards for valour.

--- Later in debate ---

[The Chair]

We do not want to go beyond the scope of the Bill.

[Stephen Doughty]

I am going to bear the Chair’s comments in mind. Will the Minister perhaps briefly intervene on me?

[Mike Penning]

I thank the hon. Gentleman for his kind invitation. Of course, such wearing of a uniform is illegal, but we do not want to criminalise guys who go to the army surplus store and then wear the clothing. However, it is something I am conscious of. The area that I think is more important is impersonating rank, such as retired major and so on, which one often sees on letterheads. Perhaps the hon. Gentleman could find time to see me and I will make sure the officials are with us. That issue may not be within the scope of this Bill, but he might do really well in the next ballot and we could then assist him in the same way we have assisted my hon. Friend the Member for Dartford.

[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.