Vagrancy Act

Jake Berry Excerpts

Tuesday 29th January 2019 Commons Chamber

[Layla Moran]

The hon. Lady is exactly right. Using the Act just moves the problem on; often, it does not tackle the core issues behind what is happening.

This is my first question—of many, as the Minister will not be surprised to hear. Who are these stakeholders who wish to keep the Act in place? I would be genuinely grateful for a response, because they certainly do not include the homelessness charities with which I have been working, or the outreach managers whom St Mungo’s surveyed in 2018; 71% of them believed that the Act should be scrapped. One said:

“The Vagrancy Act takes a moral view on street activity giving no consideration to the complex reasons behind any such activity such as begging and rough sleeping. It is widely agreed that criminalizing addicts and homeless people serves no purpose apart from to further push them to the fringes of society, towards further impoverishment and stigmatization. I agree it should be scrapped”.

Surely we should listen to the views of professionals, who see at first hand the Act’s damaging impact on rough sleepers.

When we met last year, the Minister for homelessness argued that she does not want to criminalise homeless people—I believe her—but that she supports the use of the Vagrancy Act to combat “aggressive and persistent begging”. I went away and did my homework, just as I, like a good teacher, would have told my students to. Legal advice to Crisis concluded that the actions criminalised by the Vagrancy Act are covered by many other provisions in criminal law:

“Much of the language is archaic. The conduct it seeks to criminalise appears to belong to a different era. Legislation other than the Vagrancy Act, if correctly and carefully applied, provides a much better and modern framework than what remains of the Act”.

The Public Order Act 1986 and the Fraud Act 2006 are good examples of legislation that could and should combat aggressive begging. Indeed, in a debate in Westminster Hall, the Minister for homelessness acknowledged that

“Local authorities and police are equipped with a wide range of enforcement powers to combat issues arising from begging…Particularly flexible are the powers contained in the Anti-social Behaviour, Crime and Policing Act 2014”—[Official Report, 17 January 2018; Vol. 634, c. 386WH.]

If there is other legislation in place, why is the Vagrancy Act needed at all?

[The Parliamentary Under-Secretary of State for Housing, Communities and Local Government (Jake Berry)]

The hon. Lady is doing an excellent job. I ask this so that I can respond to the debate properly. She made the point that criminalising people who are homeless or begging damages the ability to help them. She went on to say that other Acts may also criminalise them and that they should or could be used instead of the Vagrancy Act. Is there a contradiction in that statement? Would she like to clarify that, just to enable me to respond more fully?

[Layla Moran]

I will come to that later, when I will ask the Minister to extend the review that his Department is carrying out of this legislation to include all that other legislation, but I would point out that the Acts I mentioned are about aggressive begging, which is different, of course, from being genuinely homeless; we need to make sure that the two are not conflated.

In some parts of the country, the Vagrancy Act is not used at all. Chief constables can decide to use the Act at their discretion, and it is used in only 34% of the country. Why does it not have to be used in 66% of the country, and why is it used in 34% of it? Furthermore, use is planned to decrease to 7% of areas. Is the aim to shut this door? However, the Act is still there, though it has been repealed in Northern Ireland and Scotland. If it is barely being used, why not just repeal it?

--- Later in debate ---

[The Parliamentary Under-Secretary of State for Housing, Communities and Local Government (Jake Berry)]

This is the first time I have heard the hon. Lady talk on this subject in the House. I congratulate her on the tone of the debate and on how heartfelt and passionate she is on this very, very important subject. I congratulate her, too, on securing tonight’s debate.

I want to live in a country—I think we all do—where no one should ever have to sleep rough. That is why the Government have committed to halve rough sleeping by 2022 and end it by 2027. When I first entered Parliament in 2010, before I did this job as a Minister, I worked for the then Housing Minister, my right hon. Friend the Member for Welwyn Hatfield (Grant Shapps). We worked together then, as part of the coalition Government, on how we could come together across government, and I think also on a cross-party basis, to tackle the scourge of homelessness. That is why I am pleased that the Government published our rough sleeping strategy in August 2018, which set out, as I think has been acknowledged across the sector, an ambitious programme building on three core pillars. Before I answer the hon. Lady’s questions, I want to expand on them briefly to help us all understand the context of the debate.

First, we want to prevent rough sleeping before it happens. That is hugely important and is our key target. We then want to intervene at crisis point, again to try to prevent rough sleeping from ever occurring. For people who find themselves rough sleeping, we need flexible support that meets their needs and enables them to leave the streets. That is why we committed £1.2 billion of funding over the spending review period to tackle homelessness. We implemented the Homelessness Reduction Act 2017—the hon. Lady correctly said that I would mention it—to put prevention, which is key, absolutely at the heart of our approach to tackling homelessness.

We must ensure that people get early support to prevent them from ever becoming homeless, and we must provide support on a broader basis than ever before to help people off the streets. We have started to do that through the introduction of pilots such as Housing First, the rapid rehousing pathway and the private rented sector access fund to help people leave the streets and find a sustainable stay in accommodation.

On the hon. Lady’s main point, the Government are clear that no one should be criminalised in this country for having nowhere to sleep. That is quite wrong, and we are determined to tackle it. We have made it clear in the guidance that public space protection orders should not be used to target people who are simply sleeping rough or are homeless. Rough sleeping on its own does not have, or is very unlikely to have, an unreasonable detrimental impact on a neighbourhood, and therefore those orders should not be used. On the point that the hon. Member for Coatbridge, Chryston and Bellshill (Hugh Gaffney) made about the real price of homelessness that we see every night in London, we all understand that we should not target or criminalise people who are simply homeless or sleeping rough.

People are convicted every year under sections 3 and 4 of the 1824 Act, to which the hon. Member for Oxford West and Abingdon referred, but we have seen that they are used to target persistent begging and public order offences in public places. [Interruption.] The hon. Lady is shaking her head, but that is what our rough sleeping advisory panel’s research shows. She asked who is on the advisory panel. That information is publicly available. It includes Crisis, Shelter, St Mungo’s, Homeless Link, the Local Government Association and others.

[Layla Moran]

For clarification, I asked which stakeholders agree that the Vagrancy Act can be used. At least three of the charities that the Minister mentions have said to me that they do not, so who wants it to be used? As he can see, I am listening, and I want to understand who wants this and why, so that I can get to the bottom of it. Who are they?

[Jake Berry]

If the hon. Lady would allow me to develop my argument, I will attempt to answer her question.

Of course, other legislation is used. The hon. Lady mentioned the Public Order Act 1986 and the Offences Against the Person Act 1861—another very old piece of legislation that makes persistent begging in public places an arrestable offence. She asked why laws other than the Vagrancy Act are not used. It is because they have a higher burden of proof and harsher penalties are often—although not always—attached to them than to the Vagrancy Act.

[Tracey Crouch]

I congratulate my hon. Friend on his tone. I have known him for nearly nine years, and I know that he cares passionately about homelessness and rough sleeping. On the panel, he mentioned various stakeholders, but one that he did not mention is the police. The hon. Member for Oxford West and Abingdon (Layla Moran) said that many police forces do not use the Vagrancy Act. A police officer who works in the town centres in Medway told me that he has never used it; he always uses community protection notices. What input is the panel getting from those who actually apply the legislation—in other words, the police?

[Jake Berry]

I am coming to our review of the law, but it is heavily engaging the Home Office and thereby the police and law enforcement more generally.

[Wera Hobhouse]

Will the Minister give way?

[Jake Berry]

I do not want to be timed out, so this will be the last time I give way.

[Wera Hobhouse]

From the list the Minister is reading out, I get the strong feeling that local authorities have also been involved. Could he clarify with the LGA where it stands on this?

[Jake Berry]

I will happily go away and find out the LGA’s position, although, having been involved in such commissions myself, I can say there is often robust debate as they come to their conclusions, but many people with differing views happily come behind one report and one set of recommendations, so the LGA will not necessarily have had the ability to set out its view separately, but will have been bound as part of the panel.

As I have said on the record, the Government do not believe that anyone should be criminalised for simply sleeping rough, but equally we should not rush to a wholesale repeal of the 1824 Act without proper consideration of the consequences. The hon. Member for Oxford West and Abingdon said—I wrote it down—that we needed a cool-headed assessment of the law before acting. I agree, and I rather hope she accepts that that is the Government’s approach.

We developed our rough sleeping strategy in collaboration with many national charities, many of which I have named, and they form part of the rough sleeping advisory panel. Enforcement can form part of moving some people away from the streets, but it should come with an offer of meaningful support. Some charities working with rough sleepers are clear that the ability to secure income through begging can make it harder, not easier, for vulnerable people to leave their damaging lifestyles behind. The 1824 Act is sometimes the only option to get someone off the street when they have become dependent on begging income to support their drug or alcohol dependency and to find ways of moving towards the support they need.

The rough sleeping strategy made a commitment—partially based, I am sure, on the hon. Lady’s sterling work—to extend our review of the Homelessness Reduction Act to include a review of other relevant homelessness and rough-sleeping legislation, including, of course, the 1824 Act. She acknowledged that homelessness and rough sleeping was a complex issue, and we know from engagement with stakeholders that there are conflicting views about the necessity and importance of the 1824 Act, which is why the Government believe that a review, rather than immediate action, which I know she would prefer, is the appropriate course of action.

We recognise that there is a wide variety of views about the Act among stakeholders. We have engaged with homelessness charities, such as those referenced by the hon. Lady, and the panel held wide-ranging views, although many panel members thought the Act necessary. My Department will continue to work with the Home Office, the Ministry of Justice and the homelessness sector to understand why the Act is used as part of this wider review, and one thing we want to get to the bottom of is why it is used to varying extents in different areas. Before we rush to repeal it, we must understand why that is the case. We will report the review findings by March 2020.

There is obviously considerable interest in this debate, and I would like to make an open offer to all interested hon. Members. I know the hon. Lady met my hon. Friend the homelessness Minister, and she is more than welcome to do so again. As part of this review of the law, we want to seek as many views as possible in order to get it right, so the door to my Department remains open, and I know that my hon. Friend, too, will happily meet colleagues from across the House to make sure we get this right, because it is very, very important. We must act to help the most vulnerable in society.

Question put and agreed to.