Criminal Justice Bill (Eleventh sitting)

Jess Phillips Excerpts

Committee stage
Tuesday 23rd January 2024 Public Bill Committees

[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These clauses will replace the Vagrancy Act 1824, which was prospectively repealed by the Police, Crime, Sentencing and Courts Act 2022, as the shadow Minister said.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 That is why we are committed to bringing into force the repeal of the outdated Vagrancy Act 1824, using regulation-making powers under the PCSC Act—a Henry VIII power to which I presume the shadow Minister does not object.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.

[Jess Phillips (Birmingham, Yardley) (Lab)]

Can the Minister tell me how somebody looks likely to beg?

[Chris Philp]

That is a facts-specific determination, but it might, for example, be that someone is carrying a sign soliciting funds, has positioned themselves in a particular location with a receptacle for collecting money, or is positioned near an ATM. It might be that someone has been begging and, although they have not been observed doing so by a police officer, there is a reasonable suspicion that they might do so in the future.

The meaning of nuisance begging is not any begging; it is quite precisely defined in clause 49, which we will come to. Begging in general is not being criminalised. That was the purpose of repealing the 1824 Act, which was very wide in its scope. We are defining nuisance begging in this Bill to be quite precise and targeted. Obviously, we will discuss that in detail, probably in the next hour or so.

--- Later in debate ---

The shadow Minister mentioned that he was concerned that the police would not have enough time to do that; we are also encouraging the police to always take a problem-solving approach to problems where they encounter them. I am specifically encouraging the police to refer more people into drug treatment. I have been working with Chief Constable Richard Lewis, the chief constable of Dyfed-Powys—who is also the National Police Chiefs’ Council lead for drugs—to get more people referred into treatment, and I will discuss that with him further on Monday of next week. But, of course, it is not just police that can use these powers; local authorities, as the public health authority, often have oversight of many of these treatment options, particularly for drugs and alcohol, and also have close relationships with the health service in relation to mental health.

[Jess Phillips]

What concerns me, regarding certainty of referral, is if there are cases where people—where I live in Birmingham, the biggest problem in nuisance begging is Romanian women who are clearly being trafficked; there are no two ways about that. I fear their criminalisation more so than their traffickers’ criminalisation, which is nil. I wonder whether there could be a mechanism for referral directly to the national referral mechanism. Both the police and local authorities act as first responders in the national referral mechanism already, so that would not need a change in the law. Maybe that is a compulsory referral that could be made.

[Chris Philp]

The hon. Lady raises an important point. As she says, first responders, among others, are already under an obligation—I think a statutory obligation—to make referrals into the national referral mechanism. I suspect that it was the Modern Slavery Act 2015—I am looking to my colleague, the Under-Secretary of State for Justice, my hon. Friend the Member for Newbury, for assistance; it probably is that Act—that enacted our obligations under the ECAT, or Council of Europe convention on action against trafficking in human beings, treaty. So, those obligations already exist. I would certainly agree with the hon. Lady that, if first responders—either the police or indeed local authorities—think that someone is a victim of trafficking or modern slavery, they should certainly make the referral into the national referral mechanism.

In terms of potential prosecution, obviously there are provisions in the Modern Slavery Act 2015, where someone is the victim of trafficking, that provide protection in those circumstances. I would also say that there are some circumstances in which referrals into support are not necessary. There are many cases—probably the majority of cases—where they are necessary, and I would expect that to happen in those, whether it is the police or a local authority, but there are also circumstances in which it is not necessary, or where the help has been repeatedly refused in the past. I therefore think that a blanket requirement on the face of the Bill, as per the amendment, probably is not appropriate.

However, again, I agree with the spirit enshrined in the shadow Minister’s amendment, and I would like to put it on record that the expectation from the Government, as well as, I suspect, from the Opposition, is that, where somebody needs support—mental health support, drug treatment support, alcohol treatment support, domestic abuse support, or protection from trafficking and other vulnerabilities—the police and local authorities will make the appropriate referral. But that will not necessarily apply in all cases, whereas the amendment, as drafted, covers everyone, regardless of whether there is a need or not.

Amendment 141 is similar to amendment 140, which was in the previous group. As I said then, I am not sure that it is possible or desirable to set out all the possible circumstances in which an individual may need access, so guidance is the right place to put that.

[Jess Phillips]

The expectation, rather than necessarily the duty in law, is a referral. Beyond a referral, what happens if a woman nuisance begs in the 1,000 days that it takes to get referral through the national referral mechanism? It takes women 1,000 days to get a conclusive grounds decision, and it takes men 500. Or what if someone is waiting for a mental health referral? As I think every Member will know, you might as well wee in the wind. What happens if they nuisance beg in the 1,000 days, or a year, from when they are first helped to when they can get counselling in a domestic abuse service? What happens in the gap?

[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 ---

[Chris Philp]

I would like to deal first with clause 49, which defines, as I said earlier, the concept of nuisance begging, which underpins the behaviours being targeted in the preceding clauses that we have debated this morning.

The definition has two parts. First, subsection (2) defines a number of specific locations where begging will automatically be considered to constitute nuisance begging. These are locations where people are likely to be handling money or are less likely to be able to get away from the person begging. The locations include forms of public transport, including bus, tram and train stations, buses, trams and trains, taxi ranks, outside an area of business, near an ATM, near the entrance or exit of retail premises, and the common parts of any buildings.

Subsection (3) provides that it will also be considered to be nuisance begging when a person begs in a way that causes or is likely to cause: harassment, alarm or distress to another person; a person to reasonably believe that they or anyone else may be harmed or that the property may be damaged; disorder; and a risk to health and safety. Where necessary, those terms are further defined in subsection (4).

Distress includes distress caused by the use of threatening, intimidating, abusive or insulting words or behaviour or disorderly behaviour, or the display of any writing, sign or visible representation that is threatening, intimidating, abusive or insulting. That can include asking for money in an intimidating way or abusing people who refuse to give money, all of which I hope hon. Members will agree are behaviours that should not be tolerated on our streets and to which people should not be subject.

[Jess Phillips]

This is quite an exhaustive list, but much of the law is often London-centric. One of the problems where I live, certainly as a woman driving late at night, is people stopping traffic at road intersections. The feeling of intimidation can differ from person to person, but as a woman on her own at a crossroads in Birmingham, it feels intimidating to have people standing outside my car. How can we deal with that particular issue?

[Chris Philp]

I recognise the hon. Lady’s point that we need to legislate for the whole country, not just London, and I say that as a London MP. We want to look after the entire country. I accept and agree with her that being approached in one’s car when in stationary traffic or at a junction can be very alarming and worrying for everyone, but particularly for women. There are two things in the Bill that I think may assist. Clause 49(2)(e) specifically references a carriageway, which is defined in subsection (4) as having the meaning given by the Highways Act 1980, and I think that includes a road, so that would be covered.

Secondly, and more generally, clause 49(3) provides that the nuisance begging definition is engaged, or the test is met, if the person begging does so in a way that has caused or is likely to cause harassment, alarm or distress. That means that there is a “likely to cause” protection as well. I think that the combination of those two provisions—but especially the first, which expressly references a carriageway, meaning road, as defined in the 1980 Act—expressly addresses the point that the hon. Lady has reasonably raised.

To return to the substance of the clauses, it is important to include in the definition of nuisance begging behaviours that constitute a health and safety risk. There are many instances, exactly as the hon. Lady has just said, where people approach cars stopped at traffic lights. In addition to being on a carriageway, as caught under clause 49(2)(e), and in addition to potentially causing or being likely to cause harassment, alarm or distress, as caught under clause 49(3)(a), it may also be the case that they are causing a road traffic risk. Moreover, they could be causing a health and safety risk if they are blocking fire exits or routes that emergency services may need to pass down. I hope that shows that we have thought about this quite carefully.

--- 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.

[Jess Phillips]

As the Minister has said, I have outlined the places where I do feel intimidated. There was a homeless man—he died recently—who used to sit outside the local Asda where I live. He was a lovely man who chatted to everybody, and he was not intimidating at all. Would this definition account for him? He did not do anything wrong and I do not think he caused anyone any offence. Would he have fallen under this definition?

[Chris Philp]

Well, if he was sitting within 5 metres of the retail entrance, then yes, he would have come under this definition. However, I would point out that he would also have come under the definition set out in the current Vagrancy Act 1824; indeed, under that Act, he would have been in scope wherever he sat. If he was begging at the Asda entrance, then he was already breaking the existing law. This change is narrowing the definition a great deal. The fact that he was technically infringing the current Vagrancy Act, but was not arrested or enforced upon, probably illustrates the point that the police and local authority officers do exercise reasonable judgment. If they were not, he would have been arrested.

I hope that what would happen in such cases is as we discussed earlier; if someone like that man needs assistance of some kind—with mental health support, alcohol support, or whatever the issue may be—the expectation of the Government, and probably the Opposition, is that that intervention will happen. It would be interesting to find out if any attempt was made by the local authority in Yardley to assist that gentleman with whatever issue or challenge he may have been struggling with. To repeat the point, the provisions in this clause significantly narrow the scope of criminalisation in the law as it has stood for the last 200 years.

Question put and agreed to.

Clause 48 accordingly ordered to stand part of the Bill.

Clause 49 ordered to stand part of the Bill.

Clause 50

Arranging or facilitating begging for gain

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

--- Later in debate ---

The definition of nuisance rough sleeping is set out in clause 61. We will debate that in more detail in a few minutes. However, members of the Committee will notice that that definition is considerably narrower than the equivalent definition of nuisance begging, for reasons that will be obvious to everyone.

[Jess Phillips]

I feel differently about begging compared with nuisance rough sleeping. I have taken the words of my later mother on board. My brother lived on the streets for about six years in total, on and off, while he was in and out of various institutions. He used to annoy me. I did not like the trouble that he brought to my family’s door. He was, without a shadow of a doubt, a nuisance. I remember my mum saying to me, “Would you swap places with him? You seem to want to rail against him. Do you want his life? Would you prefer to be sleeping outside, desperate for a fix of something because of traumas you have suffered? Would you want to swap places with him?” When I hear the view that people like my brother are merely a nuisance to businesses, all I have to say is, “Walk a mile in his shoes.”

Do not get me wrong—my brother was not perfect. He was a nuisance to my family; indeed, he was much more than that. Having worked for years with homeless people—actual homeless people—I find that Ministers often try to mix up the definitions of “rough sleepers” and “homeless people”. The issue of homelessness in our country is massive. For example, at any one moment there are at least 116 people in my constituency living in hotel accommodation. They are the kind of people who end up on the streets in the end, and we seem to mix up rough sleeping, rooflessness and homelessness quite badly.

In my years of working with both the roofless and the homeless, I have never met a person who would not move on. They might have been asleep. They might even have been off their faces and physically not capable of moving on when a copper, or even a shopkeeper, came up to them and said, “Look, mate, can you shove out the way?”

While waiting for a train at Leeds station after a music festival, I myself have slept in front of the WH Smith there. When they opened the barrier behind me and said, “Could you shift it?”, I got up and shifted it. That is also my experience with homeless people. What I find frightening is the idea that we may go on to problematically criminalise them further, making their situation much more complicated. The Minister speaks with verve about the Government’s commitment to tackle rough sleeping, but that is a triumph of hope over experience. If we go to any street in any city, or even town, we will see that rough sleeping is on the up. Anyone who has worked in this area will know of the ridiculous headcounts that are done but that do not account for the actual reality of homelessness. The figures are totally, completely and utterly fudged. They do not, for example, take account of women who are sofa-surfing because they are being sexually exploited by men. The data is total nonsense.

A single man on the housing waiting list in Birmingham has to wait a minimum of three years to get a property. They are put in terrible temporary accommodation, which the Government refuse to regulate, despite the fact that they are paying millions of pounds to landlords who are literally exploiting both the taxpayer and the homeless person. They will be off the street, but if people want to talk about them being picked up in luxury cars, they should knock themselves out by looking at some of the exempt accommodation, which the Government refuse repeatedly to regulate.

It is no wonder that Leonard in my constituency knocks on the door of my office week in, week out, asking for a sandwich, because he cannot bear to go back to the exempt accommodation that he shares with drug addicts. He is an elderly man, so he goes out and sits and begs again. Yes, the Government figures might say that he is off the streets, but let me say to all Members present that those people are in dangerous, unsafe accommodation.

--- Later in debate ---

[Alex Cunningham]

Will the Minister give way?

[Jess Phillips]

Will the Minister give way?

[Chris Philp]

I will in a second. The Opposition are not proposing any constructive alternative to protect shopkeepers, for example. Both sides agree that the first step should always be support, that we need to end homelessness by tackling its causes and that, first of all, we need to support people to get off the streets and into accommodation. We should address underlying causes such as mental health issues, drug issues and alcohol issues. We agree on all that. However, if those interventions do not work, we need to make sure that there is some residual power as a backstop or last resort when a business premises or high street gets to the point of being adversely affected. That is what we are proposing here.

Some other jurisdictions—some American cities such as San Francisco, for example—have either ceased to apply rules like these or have completely abolished them. That has led to a proliferation of people sleeping in public places and has really undermined entire city centres. I understand the points that the Opposition are making, but we need something that will act as a backstop to protect communities and high streets. We have tried to construct the clause in a way that gets the balance right, and we will debate the details when we come to clause 61.

I will make a final point about moving people on before I give way to interventions and conclude. The hon. Member for Birmingham, Yardley said that, often, if police or local authorities—she gave the example of people running a train station—ask people to move on, those people tend to comply. That is because of the sanctions in the 1824 Act. If we completely repeal that without there being anything to replace it—that is what the Opposition essentially seem to be suggesting—and an officer goes up to someone and says, “Would you mind moving on, please?” then that person could just say, “No, I don’t fancy moving on”. There would be no power to do anything. The officer, the person running the train station or the shopkeeper would have to say, “Look, I am asking you nicely: can you please move on?” If the person in question said, “No,” then nothing could be done at all.

The shadow Minister mentioned trespassing legislation, but the streets are public and that legislation applies to private property. It does not apply to a pavement. It would not apply outside a train station—maybe it would apply inside; I am not sure. I am just saying that, if the statute book were to be totally excised and someone was asked to please move on, there would be no ability to ensure that that happened. I accept that a balance needs to be struck, and we have tried to do that through a definition in clause 61, which we will debate.

I posed questions back to the Opposition, but, with respect, I do not think I heard the answers in the Opposition’s speech. I am sure that we will continue to debate the issue after lunch, particularly when we come to clause 61. We will no doubt get into the detail a bit more then. I had promised to give way to the hon. Member for Stockton North.

--- Later in debate ---

[Chris Philp]

I have a great deal of respect and affection for the hon. Gentleman; he knows that, having spent so many hours with me in Committee. With respect, the question to ask is not about the current situation—although there are examples; I will show him photographs after the meeting of tents on Tottenham Court Road that retailers do not particularly appreciate. The question to ask is about what would happen in the future as a consequence of a total repeal. That is the question that needs to be answered.

[Jess Phillips]

Will the hon. Gentleman give way?

[Chris Philp]

We are about to hit the time limit, so maybe we can discuss further when we debate the other clauses.

The question is: what would happen if we were to repeal? To see what would happen as a result of what the Opposition propose, let us look at other cities around the world; I am not doing that because I have imperial designs, but as a case study. Other places such as San Francisco have done it, and the results have been terrible. That is why I am a bit wary of doing what the Opposition propose.

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