Criminal Justice Bill (Eleventh sitting)

Alex Norris Excerpts

Committee stage
Tuesday 23rd January 2024 Public Bill Committees

[The Chair]

Okay. Is the shadow Minister content?

[Alex Norris (Nottingham North) (Lab/Co-op)]

indicated assent.

Ordered,

That the Order of the Committee of 12 December 2023 be amended in paragraph 1(f) of the Order, by substituting “3.00 pm” for “2.00 pm”.—(Chris Philp.)

Clause 38

Nuisance begging directions

[Alex Norris]

I beg to move amendment 140, in clause 38, page 39, line 23, at end insert—

“(c) any interference with the person’s attendance at substance abuse support services, mental or physical health support services, or places of worship.”

[The Chair]

With this it will be convenient to discuss the following:

Amendment 139, in clause 38, page 39, line 36, at end insert—

“(10) The Secretary of State must lay an annual report before Parliament on the application of the provisions introduced by this section.”

Clause stand part.

[Alex Norris]

It is a pleasure to serve with you in the Chair, Sir Robert.

Clause 38 brings us to the provisions that concern nuisance begging. This clause, and subsequent clauses on homelessness, are closely tied to the repeal of the Vagrancy Act 1824 by the Police, Crime, Sentencing and Courts Act 2022. The 2022 Act will repeal the Vagrancy Act once the relevant provisions have been commenced, but the Government have said that they will commence those provisions only when replacement legislation is in place. For better or for worse, the clauses in front of us are that replacement legislation.

The repeal of the Vagrancy Act was a momentous victory for campaigners, because it effectively decriminalised rough sleeping and begging. The repeal had cross-party support, and many in the House shared the view that those who are destitute and living on the street should not be criminalised or threatened but offered support and assistance. Subsequently, the Government consulted on replacing the Vagrancy Act and set out new offences and powers regarding, for example, the prohibition of organised begging, which is what we are discussing and which is often facilitated by criminal gangs, and the prohibition of begging where it causes a public nuisance, such as next to cashpoints or in shop doorways.

Clause 38 gives effect to some of the Government’s proposals by introducing the power for a constable or local authority to issue a move-on direction to a person if they are engaging in, have engaged in or are likely to engage in nuisance begging. In this context, it is important that we differentiate between nuisance begging and nuisance homelessness, which we will come to. We strongly object to the provisions on nuisance homelessness, but the issue of nuisance begging is more nuanced. We know that some organised criminal gangs use begging for their own ends. They often use begging strategies that are aggressive and antisocial, and they often exploit challenged people to gain illicit private profit off the back of the characteristic kindness of the British people. That is wrong, and we therefore support powers that can tackle organised nuisance begging, but we think the provisions require greater humanity to protect those who are being exploited and those who are genuinely destitute.

The risk is that clause 38 and related clauses will target anyone, regardless of the nature of the harm. As Crisis has said, an effective blanket ban on begging risks pushing vulnerable people into dangerous places where they may be subject to greater abuse or violence. Someone simply sat alongside a cap or a cup could fall foul of the definition. That would be a mistake and risk harming some of the most vulnerable people in society. Many people become homeless and resort to begging through no fault of their own but because of situations such as trauma or family breakdown. They should not be doubly punished for falling through the cracks of a welfare system that is creaking under the strain of widespread poverty in our society. We are concerned that the Government have not quite landed the provision right.

Clause 38 allows for an authorised person—in this case, a constable or someone from the relevant local authority, which is defined in clause 64—to give a nuisance begging direction to someone over 18 who they think is engaging, has engaged or will engage in nuisance begging. The written direction will require the person to leave a certain place and not return for up to 72 hours. We do not, in principle, object to the police or local authority having tools to disrupt highly organised nuisance begging operations, which we know are active, but we fear that the provision will sweep up others along the way.

Amendments 139 and 140 seek to introduce safeguards. Amendment 140 seeks to ensure that, where nuisance begging directions are used, they should not interfere with a person’s attendance at substance abuse support services, mental or physical health support services, or their place of worship. Clause 38(5) states that a direction cannot interfere with a person’s work, their education or a court order. That is wise, but adding substance abuse support services, health services and someone’s place of worship would complete the picture. The amendment is straightforward and reasonable. Its intention is to protect the support and assistance provided to people who might be forced into begging, and to ensure that the Government’s nuisance begging directions do not cut across or undermine that support.

The nuisance begging powers are significant and could have unintended consequences, and amendment 139 is an attempt to maintain some parliamentary oversight. It would require the Secretary of State to lay an annual report before Parliament on the application of the provisions in clause 38, which we think would be an important check to ensure that they are not causing unintended harms, to give Members a mechanism to raise concerns, and to give a degree of parliamentary accountability. I do not think the amendment is particularly onerous. I would like to think—I would be concerned if this was not the case—that the Government will be monitoring the application of the powers and have a sense of how they work and whether they are dealing with the problem that they want them to deal with.

If that is not the Government’s approach, I hope that the Minister will talk a little about what assessment has been made of the possible risks, particularly for those who are facing genuine destitution and may fall foul of the legislation. For example, what will be the impact of imposing a one-month prison sentence or a £2,500 fine on someone in breach of these provisions, when they are already almost certainly in severe financial difficulties? We will get to appeal provisions, but will those who are facing these challenges be likely to be able to use those provisions? Is there not a risk of rather unequal justice? Further, having made such an assessment, what steps will the Government take to introduce mitigation?

My amendments suggest a way to put in some safe-guarding. I hope that the Minister can give us assurances, at least, about the Government’s understanding of how they will differentiate between the genuine, criminal, organised nuisance operations and people who are just in a dire personal situation. It is important that the Committee is mindful of that.

[Chris Philp]

It is a pleasure to serve under your chairmanship, Sir Robert—I think for the first time, though I hope it is the first of many. I am grateful to the shadow Minister for explaining his two amendments to clause 38, which provides for nuisance begging directions. Before I respond to his amendments, let me provide a little wider context for clauses 38 to 64, which the Committee will be relieved to hear I do not propose to repeat at the beginning of our debate on each clause.

These clauses will replace the Vagrancy Act 1824, which was prospectively repealed by the Police, Crime, Sentencing and Courts Act 2022, as the shadow Minister said. The hon. Member for Stockton North and I fondly remember our extensive debates on that subject some years ago. This package includes directions, notices and orders where someone is nuisance begging or nuisance rough sleeping; offences for nuisance begging and for facilitating organised begging; and a replacement offence for being found on enclosed premises for an unlawful purpose.

The Government and, I think, the House as a whole take the view that nobody should be criminalised simply for being destitute or homeless. That is why we are committed to bringing into force the repeal of the outdated Vagrancy Act 1824, using regulation-making powers under the PCSC Act—a Henry VIII power to which I presume the shadow Minister does not object. We have put in place a substantial package of support for people who are genuinely homeless, sleeping rough or at risk of doing so. Engagement and offers of support must continue to be the starting point in helping those who are begging genuinely or sleeping rough to move away from a life on the streets and into accommodation. However, we have heard from frontline local authority partners and police that there is still a role for enforcement where that engagement does not work.

It is important not to conflate begging and rough sleeping—although of course the two can be linked—which is why we treat them separately in the Bill. The Government consulted on replacing the Vagrancy Act in 2022 and the majority of respondents were in favour of introducing replacement begging offences, recognising the harm that it causes. We set out our plans in more detail in the antisocial behaviour action plan, published in March 2023.

Accordingly, clause 38 provides that where an authorised person, defined in subsection (7) as a police constable or the relevant local authority, is

“satisfied on reasonable grounds that the person is engaging, has engaged, or is likely to engage, in nuisance begging”,

they can issue a direction to move on. We will come on to the definition of nuisance begging, which is set out in clause 49. Such a direction will require the person to leave the specified location and not to return for up to a maximum of 72 hours, giving respite to those who are negatively impacted by the nuisance. It can also include a requirement for the person to take their belongings, and any litter they have been responsible for, with them. The direction must be given in writing, and it is an offence not to comply with it. The penalty for failing to comply is up to one month’s imprisonment or a level 4 fine, which is up to £2,500, or both.

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Amendment 139 is a relatively standard Opposition amendment asking for an annual report. I will give the relatively standard reply, which I have given probably 40 or 50 times over the last few years during the passage of various Bills.

[Alex Norris]

There are another six to come.

[Chris Philp]

I am looking forward to repeating it.

There are many parliamentary mechanisms for monitoring the implementation of Bills, not least parliamentary questions, scrutiny by Select Committees and, critically, the normal process of post-legislative review, which takes place between three and five years after Royal Assent. I hope on that basis that the shadow Minister will forbear from pressing amendments 140 and 139. I commend the clause to the Committee.

[Alex Norris]

I am grateful to the Minister for his answer and for saying that the Government believe that, for nuisance begging and nuisance rough sleeping, support is the starting point. That is an important message. I also share his view that they are not the same thing, and our treatment of the two are different for that reason. I also agree that there is a place for enforcement, particularly for nuisance begging, although I think the case is weaker for rough sleeping. However, he also said that this is not about just any begging. Although I do not want to pre-empt our discussion of clause 49, which we will debate in due course, the way it is drawn up means that there will not be much left, frankly.

One theme that I will return to—particularly when we come to the homelessness provisions and the point my hon. Friend the Member for Birmingham, Yardley made about whether someone looks “likely”—is that this will be in the eye of the beholder. That will be a challenge, particularly for rough sleeping, but also in this area, so it is right that there should be anxieties.

I am grateful for the Minister’s comments on amendment 140. As he says, the list is probably not comprehensive, but I am glad that he said it was reasonable in spirit, which is definitely the kindest thing he has said to me in our four months together so far—I will take that as the strongest affirmation that I am likely to get. He has committed to address this issue through guidance, which is perhaps a better way to do it, so I am happy to withdraw the amendment on that basis.

Similarly, on amendment 139 and this point about post-legislative reviews, that is obviously not something we feel in this place. I suspect it is something that is more internal to Departments. There is a point here about how well we do or do not monitor the impact of legislation three or five years after we have passed it. We do not—we move on and do not really learn anything from it. However, we have had that argument on previous clauses, and I will not rehearse it again. On that basis, I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Clause 38 ordered to stand part of the Bill.

Clause 39

Nuisance begging prevention notices

[Alex Norris]

I beg to move amendment 142, in clause 39, page 40, line 12, leave out “3 years” and insert “1 year”.

[The Chair]

With this it will be convenient to discuss the following:

Amendment 138, in clause 39, page 40, line 31, at end insert—

“(9) Where a person has been served a nuisance begging notice the serving authority must refer that person to their local authority who must provide guidance relating to welfare rights or any other associated issue the person faces.”

This amendment would require the local council to offer support for people given nuisance begging notices.

Clause stand part.

Amendment 141, in clause 40, page 41, line 5, at end insert—

“(c) any interference with the person’s attendance at substance abuse support services, mental or physical health support services, or places of worship.”

Clause 40 stand part.

Clause 41 stand part.

Clause 42 stand part.

[Alex Norris]

Clauses 39 to 42 relate to nuisance begging notices, which will be a step up from the nuisance begging directions discussed previously. Clause 39 sets out new powers for an authorised person to give a nuisance begging prevention notice to a person appearing to be aged 18 or over if satisfied on reasonable grounds that the person is engaging, or has engaged, in nuisance begging. This is a notice that will prohibit the person from engaging in a specified behaviour for a specified period of time, or require them to do specific things, within specific times and in—or not in—certain places. Clause 39 (3) provides that the maximum duration of any requirement is three years. That is a significant period of time. Subsections (7) and (8) make it an offence to fail to comply with a nuisance begging prevention notice without reasonable excuse, the maximum penalty being one month imprisonment—I would be exceptionally surprised if that is how it is intended to be used—or a fine of up to £2,500, or both. That is a punishment that is likely to be difficult to enforce.

The powers contained in these clauses are substantial. They place stringent requirements on individuals not to engage in certain behaviour. Of course, that can also be used positively to ensure an individual engages with support services. As in clause 38, an authorised person is defined as a police constable or someone from the relevant local authority. We know that police officers up and down the country already contend with heavy workloads and are not necessarily experts in nuisance begging or homelessness. I would be interested to hear from the Minister about how that might be covered in guidance, but there is a real risk that these new powers send the signal that begging is a criminal justice issue and that it is the police’s job to sort. In some cases it might be, but in many if not most it will not be. I hope to hear the Minister say that he does not think this is an issue we can police our way out of. Yes, we need to break organised criminal gangs, but beyond that the reasons for people ending up destitute and begging for money are service failure or their engagement with services across the piece all the way to the final stage of sitting next to a cap or a cup. It is wrong to say that that is simply a criminal justice issue.

[Alex Cunningham]

We had this problem in Stockton with nuisance begging, with people aggressively approaching customers sitting outside a café having a coffee. The local authority and the police force worked together on a solution and have put the resources in, but I am concerned that it could become just a police matter, as my hon. Friend has outlined. Can he think of any way we can get round that, such as resources for local authorities?

[Alex Norris]

I am grateful for that intervention. The case for resources for local authorities is one that we cannot make enough. My hon. Friend gives a good example of partnership working that has not just turned to criminal justice outcomes and told the police, “Well, this is now your problem to deal with.” We need that good faith partnership working and I hope that my amendments help to promote that to some degree.

Amendment 138 seeks to mitigate those challenges by inserting a new subsection so that

“Where a person has been served a nuisance begging notice the serving authority must refer that person to their local authority who must provide guidance relating to welfare rights or any other associated issue the person faces.”

The amendment seeks to ensure that someone who receives a nuisance begging notice is referred to the right support services and can liaise with the right qualified individuals on the matter. That would move away from criminalising the person and towards making sure that they get support to make a change in their life. My amendment is one way to do that and I would be interested in hearing about other ways from the Minister. In a previous debate, the Minister said it would be “support first”, and this is a way to make that real.

Clause 40 governs what can and cannot be required in the prevention notice. I have sought to amend that with amendment 141, which mirrors what I said in the previous debate. I will not repeat those arguments or press this to a Division, on the basis of what the Minister offered.

Amendment 142 would reduce the period that a prevention notice may be in place from three years to one year. Three years is a lengthy period for which—we will discuss this in relation to clause 49—someone could be told that they cannot attend their local town centre or high street. That could be based on the judgment of quite a junior officer, with minimal oversight, on pain of a month in prison or a fine of £2,500. Setting to one side those who are in genuine destitution, who I cannot believe we would want to banish from their town centres, part of the risk is that criminal gangs will cycle through the vulnerable people that they are exploiting. It will not matter a jot to those gangs that that person has to deal with a very difficult consequence for their life; they will move on to someone else. Amendment 42 would reduce the period of the notice down to one year. I hope that the Minister can explain the rationale for choosing three years.

Clause 41 is about the appeals process. We support an appeals process being included in the Bill, but I have significant concerns, which will be mirrored in the debates relating to homelessness, about access to justice and about whether the most destitute will be able to engage with the magistrates court to try to get a notice lifted. I would not challenge the power in clause 42 to vary notices, as I suspect there will be moments when they will be revised down.

Those are some ideas to try and soften some of the provisions. I am interested in the Minister’s views.

[Chris Philp]

As the shadow Minister explained, his amendments are to clauses that provide for nuisance begging prevention notices. The notices are a further tool that would be made available to police and local authorities to tackle nuisance begging, where it arises. The nuisance begging prevention notices that are set out in this and subsequent clauses follow the structure of existing notices such as community protection notices, which the police and local authorities are already familiar with using.

The nuisance begging prevention notice builds on the move-on direction in clause 38, allowing for an escalated approach, and can be tied in with relevant offers of support. The notice will prohibit the relevant nuisance begging behaviours and help to direct the person into the relevant support where it is necessary to do so in order to prevent the nuisance behaviour. For example, the notice may state that the individual must not beg close to cashpoints or that they must not approach people to ask for money, and also that they should attend a drug treatment centre so that their support needs can be assessed. In that way, the public would be protected and any relevant underlying drivers causing the nuisance begging could be addressed.

In relation to the point that the shadow Minister raised, I can confirm that the intention is absolutely to support people. We want to help address the underlying causes of begging and rough sleeping, which may be related to mental health problems or drug problems. I will give the shadow Minister a sense of the thinking on this. In drafting the Bill, there was extensive debate about whether we could go further and actually require people to have drug treatment, mental health treatment or whatever, or to attend a refuge or a shelter. There is evidence that people do not always want to accept those offers of help, so we considered whether we could introduce a power to essentially require them to do it. Having taken legal advice, it was suggested that that would not be lawful, and that is why this is constructed in the way it is. However, hopefully that illustrates that the Government’s thinking is that we want to offer more assistance and to get more people who are sleeping rough or begging into mental health treatment, drug treatment and alcohol treatment. We thought of going further, but for legal reasons that are principally connected to the European convention on human rights, we were not able to do so. Hopefully that illustrates the thinking on these issues.

Amendment 142 seeks to reduce the maximum duration of a nuisance begging prevention notice from three years to one year. I should start by stressing that the three years provided for in the Bill is the maximum period over which the notice can be enforced, and, naturally, where appropriate, a shorter timeframe can be specified. It is for the authorised person, which will very often be a local authority officer, not just a police constable, to consider the individual circumstances—all the relevant information about the person’s circum-stances—to decide what is appropriate, reasonable and proportionate.

--- Later in debate ---

[Chris Philp]

If someone is given a nuisance begging prevention notice, the expectation will be that they comply with it. If there is any prosecution for a breach, it may be that the protections in the Modern Slavery Act would apply. Again, if a police officer or local authority officer thinks there is a problem with trafficking, it may well be that they think it inappropriate to make the prevention order. It is a power, not an obligation; they do not have to give the notice. We would expect the officer to have regard to the circumstances of the individual, which might include those the hon. Lady described. The national referral mechanism can take quite a while, although it is speeding up, but it may be that other support is available much more quickly than the support that follows an NRM reasonable grounds decision.

To repeat the point, the expectation is that support is made available where it is necessary, but support could be provided hand in hand with a nuisance begging prevention notice. The authorities could seek to prevent nuisance begging, which is bad for the wider public, by using the notices and other powers, while at the same time ensuring appropriate safeguarding. The two are not mutually exclusive; it is possible to do both at the same time. I also draw the Committee’s attention to clause 39(7), which is relevant to the intervention. It says it is only an offence to breach the conditions “without reasonable excuse”. For example, if someone has been coerced into behaviour that results in a breach, that coercion could—it would be for the court to determine—be a reasonable excuse, and therefore a defence.

I hope that that explains the purpose of clauses 39 to 42. Although I understand and agree with the spirit of the amendments, they are not necessarily the right way to achieve the objectives that the shadow Minister set out.

[Alex Norris]

I am grateful for the Minister’s response. The “reasonable excuse” provision in clause 39(7) gives a degree of comfort, but the reality is that, particularly in the trafficking cases mentioned by my hon. Friend the Member for Birmingham, Yardley, individuals will not say that they have been coerced into nuisance begging. Instead, they will take the punishment; they will not be able to proffer what would be considered a reasonable excuse. That is our concern.

The debate on amendment 141 mirrored previous debates, and I am happy not to move it on the basis of the answers I have had. On amendment 142, I hear what the Minister said about the three-year duration being a maximum, not a target, but I fear that because it is in the Bill, it will become a magnet. With regards to police constables, we know about their training and codes of practice, so we can be confident about the criteria that they are expected to apply, but we are concerned that the Bill is—for good reason—drafted in such a way that very junior local authority officers could be making that decision.

[Jess Phillips]

Who have never heard of the NRM.

[Alex Norris]

Who do not know anything about the national referral mechanism and have no criteria to make a judgment against. Frankly, an authorised person who works frequently in a town centre or on a high street might just really not like someone. This power would be available to them, with minimal oversight, and there would be little recourse against it, which is why I think that three years is too much. I will push the amendment to a Division as a result.

I am grateful for what the Minister said about amendment 138 and support first; I completely take him at face value, and that is clearly what he said. My anxiety, as we enter the final year of this Session of Parliament, is that I have done lots of these Bills, and Ministers change. I thought that I had a really good concession from a Minister on the Levelling-up and Regeneration Act 2023, and the next day the Minister changed; I have learned from that. What is in the Bill is important, and I am really keen that that message be in it, so I will also push amendment 138 to a Division.

Question put, That the amendment be made.

--- Later in debate ---

[Alex Norris]

I will not repeat a lot of what I have said so far. Clause 43 concerns nuisance begging prevention orders, the most severe of the three tiers of powers that the Bill covers. I think it makes sense to align these tiers, as the Minister said in a previous debate, with other civil-type powers, so that they are easy to understand. As defined in clause 43, an authorised person can obtain the order on application to a magistrates court. If the court is satisfied that someone aged 18 or over has engaged in nuisance begging, and has failed to comply with the move-on direction and a notice, this seems like a reasonable escalation of the process for them to face.

My concern is mainly with the duration of such orders; clause 45(4) states that their duration may not exceed five years. That is quite a long period. Is that a proportionate response to the challenge that we are trying to tackle, which is serious and organised nuisance begging and aggressive and antisocial nuisance begging? Is a five-year exclusion the right thing to do, or, again, will it harm vulnerable people? We know that gangs will move on to new people, and the others will be left with the consequences.

There is a degree of comfort in the fact that we are talking about magistrates courts, so I have less anxiety about the measures than I did about the previous provisions, in which case I really think that three years will become a magnet. We can have confidence that a magistrates court will look at the full picture when considering an order of up to five years, but I am keen to know why the five years is being written in sand. Through amendment 143, I seek to reduce the period to one year, as a way of finding a balance between protecting vulnerable people and disrupting organised activity. An appeals process is set out in these clauses, and although this issue is of greater concern in the next part of the Bill, I think there is an access to justice issue for the people we are talking about. How well will they be able to use the legal processes that are there to protect them, and what support will they get to do so? I will stop there, but I am particularly keen to know why five years was the chosen duration of the orders.

[Chris Philp]

Briefly, five years was chosen—an increase from the three years in the previous provisions—because, as the shadow Minister said, the order is supervised by a court. That duration is a maximum, rather than a target. Courts are very well used to dealing with maximum durations, particularly in the context of sentencing. For example, the prison sentences handed down are often a great deal shorter than the maximum set out. As a matter of evidence and practice, courts often go a long way below the maximum—although we in Parliament might wish they went closer to the maximum in some cases. The duration is set at five years because courts have discretion and are used to working with maximum durations; but the court does have to look at all the relevant information and evidence before deciding.

Finally, in relation to the positive requirements imposed, we have offered further safeguards, in that nuisance begging prevention orders can be varied or discharged, should circumstances change during the period. I hope the shadow Minister accepts that giving a court that flexibility is reasonable. We do it the whole time with criminal sentencing, and there is evidence that courts use that power with a great deal of restraint sometimes. I hope that explains the Government’s thinking on the issue.

Amendment 70 agreed to.

Clause 43, as amended, ordered to stand part of the Bill.

Clauses 44 ordered to stand part of the Bill.

Clause 45

Duration of nuisance begging prevention orders

Amendments made: 71, in clause 45, page 44, line 8, leave out “on the day” and insert

“at the beginning of the day after the day on which”.

This amendment provides for a nuisance begging prevention order to take effect at the beginning of the day after the day on which it is made.

Amendment 72, in clause 45, page 44, line 9, leave out “subsection (2)” and insert “subsections (2) and (2A)”.

This amendment and amendments 74 and 76 provide that where a nuisance begging prevention order is made in respect of certain offenders, the order may take effect from a later time described in the table inserted by amendment 74.

Amendment 73, in clause 45, page 44, line 12, leave out

“be made so as to take”

and insert “provide that it takes”.

This is a drafting change.

Amendment 74, in clause 45, page 44, line 13, at end insert—

“(2A) If a nuisance begging prevention order is made in respect of a person described in the first column of the following table, the order may provide that it takes effect as mentioned in the second column.

--- Later in debate ---

[Alex Norris]

Again, I will not speak in great detail, because we have covered most of the arguments under previous clauses. Clause 48 creates an offence of nuisance begging, with a punishment of up to a month in prison or a fine up to level 4 on the standard scale. I just want to understand a little more why the Minister thinks that the crime is needed as well as the three orders—the three different civil powers—in the legislation. Presumably, he would assume that those steps would be taken before this measure would be used and someone would not be sent straight to prison. It is really important to say that we do not think, particularly in the case of people with substance abuse or mental health issues, that a merry-go-round of short-term prison sentences is likely to prove effective, because it never has done previously.

Clause 49 is a particularly interesting one, because it gives the definition of nuisance begging and tests the Minister’s point that the intent or the effect of the legislation is not to criminalise or prohibit all begging. That is a challenging argument to make, because if we look at subsection (2), on the locations where nuisance begging is engaged, and if we take those 10 locations together—in aggregate—that is a huge winnowing of the public space; indeed, it is virtually the entire town centre or high street. I think that that is by design rather than by accident. I think that if we talked to the public about those locations, they would think that they are the right ones. This is not an argument against it, but it is about understanding that the effect of the decision being taken here will be a prohibition on begging in the entirety of an amenity, because all that is left after 5 metres is taken from the entrance or exit of a retail premises is just a little bit of curtilage or carriageway—but, actually, the carriageway itself is excluded, as the Minister said, so after that there really is not very much left.

[Jess Phillips]

Just fields.

[Alex Norris]

As my hon. Friend says, there would just be fields.

I am keen to understand from the Minister that subsection (3) is an “or” provision to subsection (2) and not an “and” provision—[Interruption.] The Minister nods. Subsection (3) is therefore a significant increase, in the sense that the locations cease to matter quite quickly so long as the nuisance begging

“has caused, or is likely to cause”—

has yet to cause, but may well cause—harassment, possible harm or damage, or a risk to health or safety. This is a very broad and subjective test. I understand what training we could give to a constable, but I am interested to hear from the Minister about what training we can give to local authorities, or at least what guidance he intends to produce regarding the application of this subjective test. We do not intend to oppose this clause but, combined with the clauses before it, the total effect will be that the distinction between begging and nuisance begging, about which the Minister made a point, will not exist in any practical sense. The provisions are drawn broadly enough to apply in virtually any case where an individual wants to beg. We need to know what criteria the authorities are supposed to be working against, so I am keen to hear the Minister’s answer.

[Chris Philp]

In relation to the first question about why the offence is set out in the clause when we already have the notices, orders and directions—three interventions—that we have discussed already, there may be some particularly egregious or persistent cases where the criminal sanction is necessary.

Of course, it is for the court to decide what is appro-priate. We have already discussed that there is now a presumption—or there will be shortly, once the Sentencing Bill passes—against short sentences for those people not already subject to a supervision order from the court, so a custodial sentence is very unlikely to occur for a first conviction in any case. For offences of this nature, it is open to the court to impose a non-custodial sentence, even for subsequent offences where there is already a supervision order from the court in place. That might include a mental health or alcohol treatment requirement, a drug rehabilitation requirement and so on. It does not follow that the court having the power to impose custody will mean that it will necessarily choose to do so. I hope that answers the hon. Gentleman’s question. It is a last resort power, but it is important that the police have that available to them.

In relation to the definition of nuisance begging—to which no amendments have been proposed—we want to make sure that people are able to go about their daily business; the hon. Member for Birmingham, Yardley set out in her intervention how nuisance begging can cause intimidation. The list of locations is based on feedback received from local authorities, business improvement districts, and retail associations and their members, based on their own practical experience. That feedback came from the consultation we conducted in 2022 and subsequently, and it is why the list of locations has been constructed in that way that it has.

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[Chris Philp]

I hope that the clause is relatively uncontentious and commands unanimous agreement across the Committee. It creates a new criminal offence for any person to arrange or facilitate another person’s begging for gain, relating to the kind of exploitation that the hon. Member for Birmingham, Yardley referred to in an earlier intervention. Organised begging is often run by criminal gangs, sometimes with links to trafficking and other serious crimes. It exploits vulnerable individuals, causes nuisance to others and undermines the public’s sense of safety. It benefits no one, and it exploits the vulnerable by making money off them.

The clause outlaws this despicable practice, making it unlawful for anyone to organise others to beg for gain. That can be anything from recruiting vulnerable people to take part in organised begging to driving them to places for them to beg. I am sure we have all seen, read about or heard about people getting dropped off to beg and then being picked up in luxury cars or vans later in the day. None of us wants to see that activity tolerated. It helps to gather funds that not only arise from the exploitation of vulnerable people, but can be used to support organised criminal gangs and their other illicit activities. The offence rightly helps to shift the risk to the criminals who are organising the begging and exploiting the most vulnerable. To reflect the severity of the activity and the role it plays in criminal gangs, the maximum penalty upon summary conviction will be six months in prison, an unlimited fine or both.

[Alex Norris]

This is the best of all the clauses that we will debate today, so the Minister will have the unanimity that he seeks. The real criminals are the ones who cause or arrange for people to beg on our streets in order to extract money for themselves. Those are the real villains, and it is right that there is an offence and a sanction. We hope to see it used, although I have slight anxiety about that. I am also glad that it is more severe than the sanction facing the individuals who themselves have been forced to beg. That is the right balance.

I am keen to understand one point. It is certainly my belief, and I think also the technical definition, that forced begging is a form of modern slavery. Therefore, presumably the Government’s point is that this offence is not covered, or insufficiently covered, under modern slavery legislation. I am interested in the Minister’s rationale there.

Similarly, we have to see it in that context. As my hon. Friend the Member for Birmingham, Yardley knows well from her work, there has been a retrenchment in recent years of the focus on modern slavery. The important provisions in the Modern Slavery Act 2015, particularly the referral mechanism, obviously have not worked as intended. People who are supposed to be waiting for 45 days for a decision are actually waiting closer to 600 or 700 days in many cases, and certainly multiple hundreds in virtually all of them. There has also been a sign from the Home Office, and from the Prime Minister himself, that in some ways modern slavery provisions are not compatible with the public’s desire for a controlled migration system. That is not our view; we do not believe that that is right, but there is a slight disconnect between this provision and the 2015 provisions, and some of the national rhetoric. I am keen to understand the Minister’s view on the interrelationship between this clause and the Modern Slavery Act 2015.

[Chris Philp]

I shall respond briefly to the question about the interaction of this clause with the Modern Slavery Act 2015. The Modern Slavery Act applies where someone is coerced, forced, tricked or deceived into labour of some kind, whereas people who are engaged in organised begging might sometimes do so voluntarily. This clause covers the cases where either they have agreed to it voluntarily or it is not possible to produce the evidence that they have been coerced, so it fills those two lacunae.

Question put and agreed to.

Clause 50 accordingly ordered to stand part of the Bill.

Clause 51

Nuisance rough sleeping directions

Question proposed, That the clause stand part of the Bill.

--- Later in debate ---

[Alex Norris]

This part of the Bill, on nuisance rough sleeping provisions, is certainly the most contentious part, and probably the most interesting to the public as well. I rise to speak with a degree of sadness. I agreed with so much of the first half of the Minister’s speech; the problem is that the first half, which set out the Government’s intent, belief and policy, was not the right counterpart to the second half, which simply is not in service of those goals. We therefore oppose these measures and will, I am afraid, oppose every group of this debate.

The nuisance rough sleeping directions in clause 51 give an authorised person, which, according to subsection (7), is a police constable or someone from the local council, the power to move on a person if the rough sleeping condition, which we will debate at clause 61, has been or, indeed,

“is likely to be, met.”

That is a significant phrase. Subsection (2) sets out what that will mean: that person will be moved on and not allowed to return to that area for 72 hours. Subsection (3) states that that person will have to pack up and take all their belongings and any litter with them. If they fail to comply, they will have committed an offence and may go to prison for a month or be subject to a £2,500 fine.

As I say, we oppose these provisions. I take the same view as my hon. Friend the Member for Birmingham, Yardley: I understand that nuisance rough sleeping is different from nuisance begging, which can have its roots in organised crime, but even where it is solely a venture by individuals, it can often be intimidating, disruptive and not fair on either businesses or individuals going about their daily lives. It is, of course, right for local authorities and the police to have some degree of power and control over nuisance begging, but rough sleeping is different. There is certainly no evidence that anyone is sleeping rough for profit. As a result, the Government’s rationale for these provisions does not hit the mark.

The repeal of the Vagrancy Act 1824 was a landmark moment for campaigners, including many Members of this House who had worked towards it for a long time. The same people who were elated at that success are now rightly shocked that the Government are opting to pursue this path. We heard on Second Reading—although not from the Minister, I do not think—that it is contingent in law, and certainly in the Police, Crime, Sentencing and Courts Act 2022, that there must be some replacement for the Vagrancy Act lest those provisions cannot be ended. First, I am not sure that is true beyond a de minimis meeting of that legislation, and secondly, that is not a case for what is in this Bill. We have heard that there must be a change, but we do not hear why this change is necessary—why private property laws or health and safety laws cannot be used.

On Second Reading, a Member—possibly a member of this Committee, though I dare not mention the name in case I get it wrong—raised an instance of dangerous rough sleeping in their constituency, where a fire exit was being blocked. The Government cannot tell me that either there are not the right powers on the statute books or we could not have drawn narrow powers to meet that case. Under those circumstances, we would have supported them.

I have drawn significantly on the explanatory notes throughout the considerations of the Bill, and I think it is telling that the policy background element, which is detailed on everything else, essentially gives up on homelessness. I do not think there is a very strong case to be made for these provisions. We should not lose sight of the fact that rough sleeping is a symptom of other failures, particularly Government failures on housing, poverty and mental healthcare provision. I am not sure how criminalising those who then end up with the sharpest repercussions of those failures will in any way move us closer to resolving their individual circumstances or the collective ones.

[Chris Philp]

I did set out the Government’s commitment to ending rough sleeping and the £2 billion being invested to achieve that objective. The shadow Minister is setting out why he does not agree with these provisions as drafted. He is, if I hear him correctly, implying that no replacement statutory provisions are needed at all. Does he accept that, if customers will not go into shop because a large number of people are camped or sleeping rough outside it, which happens in some areas, to the point that the business is being undermined, there should as a last resort be some hard-edged sanction to protect the business owner in those circumstances? The argument that he advances seems to suggest that there should be no protection at all for that business owner.

[Alex Norris]

No, the phrase I used was “de minimis”. I believe that there could be some degree of power in that instance—which, I must say, I am not sure is that common, likely or foreseeable across the country. In those extreme circumstances a lower-level power could be set but that is not what we have in the Bill, which is much broader and risks drawing lots of vulnerable people into the criminal justice system. The idea that we could in some way meet the compulsions for a month in prison or, indeed, that those individuals could meet the £2,500 fine is rather for the birds.

We are likely to see something more like what the Minister said in the previous debate to my hon. Friend the Member for Birmingham, Yardley—some sort of common-sense application of the laws as they are, with people being moved on and getting a tap on the shoulder. Actually, how will we then have moved on from where we were? The point was not that the Vagrancy Act was not really being used, but that it really should not have been on the statute book and had to go. We are just going to replace it with a range of measures that, similarly, will not be used—or will be exceptionally damaging where they are used. I direct hon. Members to the joint briefing sent by Crisis, Shelter, St Mungo’s, the YMCA, Centrepoint, the National Housing Federation and many more:

“enforcement is far more likely to physically displace people to less safe areas and prevent them from accessing vital services that support them to move away from the streets, entrenching the issue in a way that makes it harder to solve.”

It goes on to say that that can

“push people into other riskier behaviour to secure an income such as shoplifting or street-based sex work.”

It is a critical failure of the Bill that those who know of what we speak fear that those are the sorts of vulnerabilities that people will be pushed into.

Another point of difference between us and the Government—we will get on to this in clause 61—is that the definition is very broad. The Minister raised a specific case in a small set of circumstances, and the answer to that is a broad set of powers in a broad range of circumstances. That seems unwise, particularly as the issue is not even about sleeping rough; it is about the act of “intending to sleep rough”. All sorts of consequences flow from that definition, which we will talk about in clause 61. However, we have heard concerns from the Salvation Army about feeding existing prejudices about those who sleep rough.

Ultimately, the most vulnerable and destitute need support into suitable accommodation, not criminalisation. Clause 51 and the associated clauses will only exacerbate the problems that they face; it may offer a bit of short-term respite for the community, but in reality it will cause greater issues and solve none of the underlying causes. As my hon. Friend the Member for Birmingham, Yardley said, the clause is a triumph of hope over experience. For that reason, we cannot support it and will vote against its inclusion in the Bill.

[Chris Philp]

I will briefly respond by making two or three points. The first is that I hope the shadow Minister and others will acknowledge that the clause represents a dramatic reduction in the scope of the criminalisation of rough sleeping compared with the Act currently on the statute book, which is in force as we speak. It dramatically reduces the scope of people who will be caught by the provisions. The hon. Gentleman did not acknowledge that in his speech, but I hope that perhaps later in the debate he will acknowledge that the Bill dramatically shrinks the range of people caught by the provisions.

I made my second point in my intervention. The hon. Gentleman proposes voting against the clause, but he has not proposed any alternatives to it. He has not put down any amendments, and when I pushed him on what he thought should be done to protect shopkeepers, for example, he did not really have any clear answer.