Criminal Justice Bill (Twelfth sitting)

Debate between Andrew Jones and Alex Norris

Committee stage
Tuesday 23rd January 2024 Public Bill Committees

[Andrew Jones (Harrogate and Knaresborough) (Con)]

I rise to make a couple of points. The Minister made a very important point: we have to get the balance absolutely right here. We have a case in Harrogate at the moment concerning a pavilion in Crescent Gardens that was used by rough sleepers in a series of tents in September. They were there for two weeks, and it has been fenced off ever since.

I have absolutely no doubt that when the hon. Member for Birmingham, Yardley says that she and the British public are not distressed by homelessness, she is absolutely correct. People want to see homeless people supported into accommodation and the underlying causes tackled. At the same time, there was a significant number of complaints from local residents about antisocial behaviour coming from that group of tents. Getting the right balance between protecting communities and offering support to homeless people is very difficult. In our case, we have a very impressive homeless charity, Harrogate Homeless Project, which is next door to my office in the middle of my constituency.

I just want to make sure that the Minister is clear that the balance is critical. I have been much reassured by his words, but it is an important balance, and we are dealing with some of the most vulnerable people in our community.

[Alex Norris]

It has been a good debate, and I am glad to have the opportunity to contribute to it. As we finish this section of the Bill, I have more hope than when we started it, in the sense that I now genuinely believe that we are seeking to do the same thing. The Minister has explicitly said on the record that the Government do not wish to criminalise rough sleeping in general, which is very welcome. I will just say—and this is where the disagreement lies—that that is not reflected in the Bill. The Minister talked about the Bill having a precise, specific and limited definition of nuisance rough sleeping, so that it criminalises only nuisance rough sleeping and not rough sleeping in general. I would argue very strongly that that is not what clause 61 does. It is much broader than that, as I will do my best to demonstrate.

The clause is crucial. It contains the definition, and it makes or breaks whether the Minister’s case holds. The test is in subsection (2). The first limb, in paragraph (a), is that the person must be

“sleeping rough or…intending to sleep rough in a place”.

My hon. Friend the Member for Birmingham, Yardley talked about stigmatising and subjective language, and there is an issue on the point of someone’s “intending to sleep rough”. What is the judgment that an individual is being expected to make? Is it about someone’s appearance? Is it about what someone is carrying? If I am asked by a relevant person, who might be a reasonably junior member of the local authority, where I am sleeping that night and I cannot answer, am I intending to sleep rough? That test would be applied subjectively by a person who may not have very much training. If I looked dishevelled, would that be enough for me to be intending to sleep rough?

The reality is that we will see edge cases, but how will we test them? As I have said, the people we are talking about often have the least recourse to legal support. I would argue that there is nothing precise even about the point of someone’s “intending to sleep rough”. As the Minister said, subsection (2)(b) goes on to describe a person’s

“doing something that is a nuisance”.

Again, that is very much the crux of the debate.

--- Later in debate ---

[Alex Norris]

That is an interesting case. I have absolutely no doubt that that is not the Government’s intention, but could this clause be applied to such a case? I would make a strong argument that a member of council staff could say that those people have left rubbish or are capable of it. They do not have to have done it, but by generating rubbish that perhaps blows away, they could cause deposits of waste. Could this clause be used to prevent that activity? Yes, it could. That brings us back to asking whether it is precise, specific and limited, and the answer is no: it fails all three of those tests.

That takes me to the important points made by the hon. Member for Harrogate and Knaresborough. It is about finding a balance, because the public are sympathetic and want to see the issue tackled positively.

[Andrew Jones]

As do the Government.