Vagrancy Act 1824

Debate between Lord Young of Cookham and Lord Keen of Elie

Thursday 23rd April 2020 Lords Chamber

The Question was considered in a Virtual Proceeding via video call.

[The Advocate-General for Scotland (Lord Keen of Elie) (Con)]

My Lords, the Government believe that no one should be criminalised simply for sleeping rough. In the cross-government review entitled the Rough Sleeping Strategy which was published in August 2018, we committed to review the Vagrancy Act. The review has consulted with stakeholders on all the options, including retention, repeal, replacement or amendment. The Government will announce the conclusions of the review in due course.

[Lord Young of Cookham (Con)]

My Lords, I am grateful to my noble and learned friend for that reply. Does he agree that attitudes to those who sleep rough have softened over the past 200 years and that legislation which refers to “idle and disorderly”, “rogues” and “vagabonds” living in “coach-houses” and “stables” has no place in modern legislation? Given that charities working with rough sleepers have criticised the use of the Vagrancy Act for drawing rough sleepers into the criminal justice system, at the very time when the Government’s commendable Rough Sleeping Initiative is seeking to tackle the problems of rough sleeping at their roots, can my noble and learned friend say when the review he has referred to, which was scheduled to be completed in March this year, will come to an end? Further, does he agree that we should replace the Act with legislation that is more appropriate and effective?

[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.