Extracts from second reading (Lords) of the Police, Crime, Sentencing and Courts Bill - Sep 14
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Lord Falconer of Thoroton (Lab):...Seventhly, this is a perfect
opportunity to deal with the Vagrancy Act 1825, which makes it a
crime, in effect, to be street homeless. Are the Government, who
have been broadly supportive of changes to the Vagrancy Act willing
to see it repealed? An argument given in the past as to why it
should not be repealed was that you need something to deal with
“aggressive begging”. We on this side of the House believe that
that is already covered by other...Request free trial
Lord
Falconer of Thoroton (Lab):...Seventhly, this is a
perfect opportunity to deal with the Vagrancy Act 1825,
which makes it a crime, in effect, to be street homeless. Are the
Government, who have been broadly supportive of changes to the
Vagrancy Act willing to see it
repealed? An argument given in the past as to why it should not be
repealed was that you need something to deal with “aggressive
begging”. We on this side of the House believe that that is already
covered by other legislation...
Lord Young of Cookham (Con):...I want to intervene briefly to support the noble Lord, Lord Best, who will table an amendment to repeal the Vagrancy Act and my noble friend Lady Bertin, who will table an amendment on domestic violence and access to housing. I make a related plea in support of Stella Creasy’s campaign on behalf of children subjected to gang-related violence. Eighteen months ago, during Oral Questions, I asked about the Vagrancy Act making the point: “It has the unfortunate consequence of criminalising rough sleepers, by bringing them before the courts. This isolates them from the support that the Government are funding through housing and employment. As it approaches its bicentenary, should this Act not be repealed?”.—[Official Report, 23/1/20; col. 1152.] Lord Best (CB): My Lords, this Bill presents your Lordships with an opportunity to right a long-standing wrong and introduce a modest legislative change that is long overdue: it is our chance to repeal the cruel and unnecessary Vagrancy Act 1824, which makes rough sleeping a criminal offence. The Vagrancy Act is a leftover from a long-past era. It was originally enacted in response to public disquiet over the numbers of destitute and often wounded demobbed soldiers returning from the Napoleonic wars. Even then, there was much opposition in Parliament, not least from William Wilberforce, to the notion of punishing people for being homeless. Today, it serves no useful purpose but instead has negative consequences: by casting the street homeless as criminals, the Act inhibits the referral of those sleeping rough to the services that can address their needs; it places a burden of enforcement on the police service when the issue is really one for community and social services; and it discourages homeless people themselves from seeking support, for fear of prosecution. Those convicted under the Act are landed with a fine of up to £1,000 and a criminal record, neither of which serves any purpose in helping people recover from homelessness. There is a separate issue of aggressive begging and anti-social behaviour, for which the police need to retain some existing powers, and the amendment to be proposed when we reach that stage would repeal the Vagrancy Act This amendment, devised by the homelessness charity Crisis and backed by a consortium of 50 knowledgeable bodies, ensures that this balance is maintained. Repealing this 200 year-old Act is supported by distinguished senior police figures, such as a colleague on the Cross Benches, my noble friend Lord Hogan-Howe, who says: “Frontline police are called upon to make judgment calls about vulnerable people who are living on the streets … every day. There is a lot of pressure to act on issues like rough sleeping and begging … The Vagrancy Act implies it is the responsibility of the police primarily to respond to these issues, but that is a view firmly rooted in 1824. Nowadays, we know that multi-agency support and the employment of frontline outreach services can make a huge difference.” Moreover, my noble friend adds that while the Vagrancy Act remains, homeless people are actively discouraged from engaging with the law, even when they are victims of dreadful violence and abuse, and he concludes: “This does not help anyone”. Support for repealing the Act comes not only from those grappling with its consequences on the front line but from policymakers across the political spectrum. The MPs speaking in the Westminster Hall debate last April led by Nickie Aiken, Member for the Cities of London and Westminster, represented all parties and different areas of the country. They included Bob Blackman, the instigator of the important and successful Homelessness Reduction Act 2017, which I had the privilege of piloting through your Lordships’ House; Layla Moran, Oxford West and Abingdon, who has campaigned on this issue for many years; and Mike Amesbury, Weaver Vale, from Labour’s Front Bench, all unanimously supporting the Act’s abolition. The Minister in the other place, Eddie Hughes, noted the statement of Robert Jenrick, the Secretary of State, that it was legislation “whose time has been and gone … the Act itself, I think, should be consigned to history.”—[Official Report, Commons, 13/4/21; col. 44WH.] Taking this opportunity to repeal the Vagrancy Act now will surely strengthen the Government’s rough sleeping strategy and their laudable target of eliminating rough sleeping by 2024. It is our good fortune that a legislative opportunity has now emerged, in the form of the Bill before us today, which can finally resolve this matter. I know an amendment to repeal the pernicious and counterproductive legislation of 1824 will be strongly supported in this House, as witnessed by the supportive contributions of the noble Lord, Lord Young of Cookham, and the noble and learned Lord, Lord Falconer. Perhaps that means that the Government will be able to tell us today that they will, in principle, be supportive of this change. The Lord Bishop of Manchester:...As this Bill moves to future stages, I will be keen to offer my support to amendments that properly maintain a balance between the rights of particular groups within society—including Gypsy, Roma and Traveller communities and those undertaking acts of protest—with good policing and the needs of society as a whole. I will also follow with interest those sections of the Bill dealing with sentencing and the serious violence duty. I join other noble Lords, including the noble Lord, Lord Best, in urging that we take this opportunity to repeal the Vagrancy Act... The Minister of State, Home Office (Baroness Williams of Trafford) (Con):...My noble friend Lord Young of Cookham, the noble and learned Lord, Lord Falconer of Thoroton and the noble Lord, Lord Best, suggested that the Bill might be used to repeal the Vagrancy Act 1824. The Government are very clear that no one should be criminalised simply for having nowhere to live. We agree that the time has come to reconsider the Vagrancy Act It is complex, it might not be a question of simply repealing the 1824 Act and putting nothing in its place, but we reserve judgment on that. We also need to consider the devolution implication, given that it extends to Wales. I can assure noble Lords that we are on the case, and I am sure the House will hold me to account for those words... To read the whole debate, CLICK HERE |