Vagrancy Act 1824

Lord Foulkes of Cumnock Excerpts

Thursday 23rd April 2020 Lords Chamber

[Lord Foulkes of Cumnock (Lab Co-op)]

Can the Minister confirm that the provisions of this ancient Act as they apply to Scotland were repealed in Westminster by the Civic Government (Scotland) Act 1982? The kind of things he has talked about, such as persistent or aggressive begging, are being dealt with in Scotland using other legal provisions. Why cannot that be done in England, and why cannot the Government move quickly to bring England and Wales in line with the excellent situation in Scotland?

[Lord Keen of Elie]

My Lords, the provisions of Section 4, but not Section 3, of the Vagrancy Act 1824 were extended to Scotland by Section 15 of the Prevention of Crimes Act 1871. Section 4 was of course concerned with rough sleeping and Section 3 with begging. The noble Lord is quite right that the extension of Section 4 to Scotland was repealed by the Civic Government (Scotland) Act 1982. It should be noted that Part 4 of the 1982 Act brought in a series of very specific offences of what was termed

“annoying, offensive, obstructive or dangerous behaviour”—

essentially public order offences. In that regard, the law was brought up to date in Scotland. Indeed, it has been amended in England as well in some instances, for example by virtue of the Anti-Social Behaviour, Crime and Policing Act 2014.