New rough sleeping powers will continue to criminalise homeless, ministers told

By David Lynch, Reporter26th February 2024News EnglandCourts / Justice, Government / Politics, Housing / Homelessness, News England

New powers aimed at cracking down on rough sleeping are the “Vagrancy Act with bells on”, ministers have been warned.

Conservative MP Nickie Aiken (Cities of London and Westminster) was among the MPs warning the Government against introducing new powers for the police and local authorities to deal with so-called “nuisance” rough sleeping.

Home Office minister Chris Philp suggested the Government was willing to look again at the proposals in the Criminal Justice Bill, currently making its way through Parliament.

Tory MP Ms Aiken, a former leader of Westminster City Council, told the Commons: “Walking here today I walked past several rough sleepers, sleeping in doorways and in tents.

“The police already have the ability to move rough sleepers on under a number of different legislations, including the Public Order Act 1986, the Anti-Social Behaviour, Crime and Policing Act 2014, and the Highways Act 1980, amongst others.

“Does the minister understand my concerns that what is suggested in the Criminal Justice Bill criminalises rough sleepers, does not do anything to help them, and the police already have the powers but are failing to use them?”

Mr Philp replied: “The various powers that she lists in the various other pieces of legislation are not precisely the same as those drafted in the Criminal Justice Bill.

“It is worth saying the Criminal Justice Bill does not criminalise rough sleeping in general, it criminalises particular types of rough sleeping when it causes a nuisance.

“But, that said, the Government, as I think I have signalled to various members including the Member for the two cities privately, the Government is willing to look at the way those provisions are drafted to make sure they are tightly and narrowly drawn, because it is our intention that the first stop is always offering support, and it is only as a last resort if rough sleeping causes a serious problem, for example, for businesses that criminal sanctions are appropriate.”

Mike Amesbury, Labour MP for Weaver Vale, said: “This is the new Vagrancy Act with bells on as drafted and rough sleeping is actually up 75% since 2010.

“Rather than criminalising people that happen to be rough sleeping, provide support and build the houses that they need.”

The Vagrancy Act 1924 makes it illegal to rough-sleep or beg in England and Wales.

Ministers heeded calls from across the Commons to repeal it in 2022, with provisions in the Police, Crime, Sentencing and Courts Act paving the way to do so, but only once the Government finds an appropriate replacement.

Mr Philp said: “As I said, my colleagues in DLUHC (the Department for Levelling Up, Housing and Communities) are providing extremely comprehensive packages of support and rough sleeping is down by 35% since 2017, and it is down by 28% since before the pandemic in 2019.

“The Government is willing to look at changes to make these provisions tightly defined and narrow, the intention is only to have criminal sanctions as a last resort where rough sleeping is, for example, disrupting a business and preventing it operating.

“But it is a last resort, the first resort will always be offering help and support.”