Vagrancy Act 1824

Lord Judge Excerpts

Thursday 23rd April 2020 Lords Chamber

[Lord Keen of Elie]

My Lords, I am grateful to my noble friend for his further question. The review, which was led largely by the Ministry of Housing, Communities and Local Government, has essentially been completed. However, in light of the work being done in respect of Covid, it has not yet been reviewed by Ministers, although we will seek to bring it forward as soon as possible. I would acknowledge that the language of the 1824 Act is archaic, albeit that the meaning is clear. I should reiterate that we have no desire to criminalise those who are simply sleeping rough, but the provisions of the Act also apply in respect of, for example, begging and persistent begging. We have consulted with all the interested parties, including local authorities and the police, in order to determine a way forward.

[Lord Judge (CB)]

If Section 4 of the Vagrancy Act, which was enacted after repeated harvest failures created an army of the dispossessed, were presented to us today, beyond the archaic language to which the noble Lord, Lord Young, has already referred, we should reject it as being vague and uncertain, and arguably tarnished with an improper reverse burden of proof. If we would not enact it, why should it remain on the statute book for a minute longer?

[Lord Keen of Elie]

My Lords, I do not accept that the essentials of the provisions of Section 4 would not be worthy of enactment today. The provisions are of assistance to local authorities and indeed to the police. I understand that, quite often, the police are able to suggest the possibility of prosecution under Section 4 as a means to persuade those who are homeless and those who are begging to seek assistance either from drug and alcohol hubs or by seeking to claim benefits. It therefore remains of use in the view of some authorities.