Vagrancy Act 1824

Thangam Debbonaire Excerpts

Tuesday 13th April 2021 Westminster Hall

[Thangam Debbonaire (Bristol West) (Lab)]

It is a pleasure to serve with you in the Chair, Sir Charles.

I congratulate the hon. Member for Cities of London and Westminster (Nickie Aiken) on securing this absolutely vital debate, and I congratulate the hon. Member for Oxford West and Abingdon (Layla Moran) on her campaigning work with Crisis and other organisations. They are both absolutely right—indeed, all the hon. Members who are here today seem to have made the same case—that it is time the Vagrancy Act was scrapped. We have covered a lot today, including many of the reasons why that matters and many of the alternatives. I am grateful to colleagues for adopting a cross-party approach to address this topic constructively, and I am looking forward to hearing what the Minister has to say in response.

As others have done, I am going to quote the Secretary of State. When I searched in Hansard for his references to the Act, I landed on his response to a question from the hon. Member for Cities of London and Westminster during the ministerial statement on rough sleeping on 25 February. The Secretary of State said:

“We have reviewed the Vagrancy Act and will be saying more in the weeks ahead. I would be very happy to meet my hon. Friend. It is my opinion that the Vagrancy Act should be repealed. It is an antiquated piece of legislation whose time has been and gone. We should consider carefully whether better, more modern legislation could be introduced to preserve some aspects of it, but the Act itself, I think, should be consigned to history.”—[Official Report, 25 February 2021; Vol. 689, c. 1138.]

That statement contains a lot of what has been covered in the debate today. I would be interested to know whether the Secretary of State met the hon. Lady, but rather than put her on the spot I will ask the Minister if he has any further update for us all.

The Labour party’s position is clear. The next Labour Government will repeal the Vagrancy Act 1824, which criminalises begging and rough sleeping. That is because we believe our priority should be to support, not criminalise, those who are sleeping rough or begging, and to end rough sleeping for good. This Georgian-era legislation is unnecessary—I will explain why shortly—for dealing with genuinely antisocial behaviour, because a number of other civil measures exist in modern legislation, including civil injunctions and various orders.

Crisis, the homelessness charity, says that the Vagrancy Act

“gives the police in England and Wales the power to issue a formal arrest if someone has been offered shelter and continues to sleep on the street.”

The problem is that, as most of us who have spent time with people living on the streets know, there are often very real and genuine reasons why they cannot use any shelter that is available.

Rough sleeping is a criminal offence under section IV of the Act and is defined, in very quaint, 1824 language, as

“wandering abroad and lodging in any Barn or Outhouse, or in any deserted or unoccupied Building, or in the open Air, or under a Tent, or in any Cart or Waggon...and not giving a good Account of himself or herself”.

I am sure that is etched on the memories of everyone in this debate, but I am sure too that many people we serve would be surprised to hear such antiquated and mostly completely irrelevant language being used to deal with the problem in a 19th-century way—in fact, not even that—when we have 21st-century ways available to us.

The Vagrancy Act 1935 amended the 1824 Act to introduce the condition that an individual can be charged with rough sleeping only if alternative shelter is available. However, as I have said, that fails to account for the lack of knowledge on the part of many or the fears that some have about the alternatives, such as unsafe, overcrowded hostels. According to the homelessness charities, the offence of being in an enclosed premises for an unlawful purpose is also used to challenge rough sleepers.

Interestingly, the number of prosecutions and convictions under section IV of the 1824 Act has declined, to the extent that in 2019 there were 183 prosecutions and 140 convictions, only four of which were for the offence of sleeping out. Convictions for begging under section III have also fallen, although they are higher than those under section IV. In 2019, there were 926 prosecutions and 742 convictions. These are criminal offences whose use is clearly declining, but more importantly, are they solving the problems they were introduced to solve or those that cause them? Do convictions under the Act solve the underlying problems of destitution, rough sleeping, extreme poverty and the other contributory causes of rough sleeping?

Let us look at the underlying problems and take, for instance, the sharp end of poverty, destitution—when someone has literally nothing to live off. The Joseph Rowntree Foundation report published last year, which I am sure the Minister is aware of, presents data from 2019 that shows a worsening picture of 2.4 million people, including more than half a million children, destitute at some point in the year, an increase of around a half compared with 2017. Obviously most of them will not end up on the streets, but we do not want there to be destitution either, and if we are to tackle the root causes of rough sleeping, that must be part of it.

Over the last 10 years, wages have fallen in many sectors, jobs have become more insecure and the cost of housing in the private rented sector has increased, with very high rents across the country, particularly in parts of London, as the hon. Member for Cities of London and Westminster will know, and the south-east. This is a toxic combination that needs a totally new approach to secure work conditions and decent pay.

Meanwhile, what of the safety net that we all believe anyone who falls on hard times should be able to turn to? I am afraid that, again, in the last 10 years there has been bad news for some people who turn to the state for help. As many have found this year, although the safety net has been there for some, it has not covered everybody. Many people found that it was not there when they needed it, and certainly not to the extent of preventing homelessness and the risk of homelessness. People in the private rented sector in particular have found themselves on the brink of disaster, which is often due to the toxic combination of high rents and insecure wages.

As the chief executive of Crisis has said:

“We understand that councils and the police have to strike a balance between the concerns of local residents and the needs of rough sleepers, and where there’s genuine antisocial activity, it’s only right that they should intervene.”

Homelessness charities therefore understand that, but we know that there are alternatives, such as the range of powers that public bodies have under the Anti-social Behaviour, Crime and Policing Act 2014, which include civil injunctions to prevent nuisance and annoyance, criminal behaviour orders, community protection notices, dispersal powers and public spaces protection orders. I am sure that the concerns that the hon. Member for Gravesham (Adam Holloway) raised are covered by that Act. Unfortunately, however, the Government do not collate and publish statistics on the use of those powers, or not that I have been able to find. Will the Minister commit to publishing that data, which would be really useful, and any evidence about the impact of those powers? That might help to inform our debate about ending the 1824 Act.

Homeless people, as I think everyone in this debate has said, need help, not punishment—as the hon. Member for Harrow East (Bob Blackman) said, assistance not arrest. Rather than criminalising rough sleepers, Labour would support them, with a real emphasis on the housing-first approach that many have referred to. We agree with Crisis that enforcement measures are not an effective way to engage rough sleepers, and with the other homelessness charities that have been mentioned, which were well listed by the hon. Member for Oxford West and Abingdon (Layla Moran). I thank them for their sterling work. Does the Minister also agree with them that it is time we got rid and scrapped the Act?

If we are to prevent homelessness in the first place, even before coronavirus, poverty was rising, and that included in-work poverty, with poor pay and insecure work a primary cause, as well as expensive living costs. It cannot be right that so many people on low incomes are spending more than half their income on rent, particularly when that is so often in low-quality accommodation. A lot of those people are at risk of eviction under section 21 of the Housing Act 2004, which the Government committed to repealing. We had the renters’ reform Bill in the last Queen’s Speech; can the Minister tell us now whether it will be in the next one? Will it get parliamentary time so that we can debate constructively how we will reform the rights of people living in the insecure private rented sector?

The hon. Member for Harrow East said that now is not the time to talk about all the surrounding issues. He is right. We cannot go into them in detail, but it is worth mentioning that as we come out of this crisis getting people into good, secure jobs and secure housing will help prevent the sharp end of homelessness that we want to prevent when we talk about the Vagrancy Act and will also do so much good in the housing industry. If we invest—if we build the homes that we need, install the energy efficiency we need for net zero housing, and retrofit—that will create jobs. If we really want this, we should invest in council and housing association homes and, yes, homes to buy. Across all tenures, we need a mass house building programme that deals with the root causes and the 4.8 million shortfall in the amount of housing that the Minister knows that there is. Will the Minister update us on what work he is doing with his counterparts in other Departments to do that building back, and to ensure that we are building the future that we really need in this country?

Finally, the Act is unnecessary. Between us, we have made that case. The Act criminalises a form of homelessness, and I think that is immoral in this day and age when, as Members across the political spectrum have said, people need assistance, not arresting. The Act does not tackle the root causes—the lack of affordable housing, the shortfall in supply—and does not even deal with the symptoms. It is in fact a symptom of the broken housing system and it does not deal with the health needs mentioned by the hon. Member for Gravesham .

It is high time that the Government followed through on the commitment made by the Secretary of State—I know that he said it was his opinion, and did not commit to it as Government policy, and I hope the Minister will satisfy our curiosity on that. It is high time that we conducted a mass house building programme to create the truly affordable homes we need to buy and to rent, including council houses and housing association homes as well as those in the private sector. It is time that the Government prioritised the prevention of rough sleeping. It is time to bring in reforms to the private rental sector, to those sharp practices that hurt tenants, good landlords and the wider economy as people spend more of their money on poor-quality accommodation, even when they are in good jobs. I know of people who have spent a fortune on poor-quality accommodation in this crisis. It is time to focus on a housing-first approach with support for substance misuse, mental health and employment. It is high time that we got rid of this Act, and I look forward to hearing what the Minister has to say.

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

It is a pleasure to serve under your chairmanship, Sir Charles, although I hope I will be forgiven for saying that it is not as much of pleasure as it was to hear your pint of milk speech, of which I am a huge fan.

I congratulate my hon. Friend the Member for Cities of London and Westminster (Nickie Aiken) on securing the debate, and other Members on their contributions. We clearly have broad consensus across the political spectrum. The hon. Member for Birkenhead (Mick Whitley) talked about his time serving homeless people. Immediately before I came to Parliament, I worked for YMCA Birmingham, a charity for young homeless people, and, like him, I feel that it is a privilege to serve them and work with them. Common cause indeed.

As has been made clear during the debate, the causes of rough sleeping are complex and multifaceted. As my hon. Friend the Member for Cities of London and Westminster said, it is critical that we not only provide a bed for individuals but provide support alongside accommodation for those individuals with complex and overlapping needs. Covid-19 has made that reality even more evident. It means that rough sleeping cannot be tackled by one agency alone. Effective multi-agency working has been critical to protect rough sleepers during the pandemic, and we have seen some truly creative and innovative solutions. For example, Bedford Borough Council quickly moved hostel residents into a hotel and provided a covid-safe environment that meant that people were not sharing communal sleeping facilities. It redeployed its rough sleeping team to work directly at the hotel, and staff were able to offer key services, including on substance misuse and health, to provide the holistic support that many Members have said is important. That has resulted in high-level engagement and has really turned around some rough sleepers’ lives in the past 12 months.

We know that this is not just about the initial intervention to bring people in. I again stress that it is critical to provide the right support and intervention that will successfully and sustainably move people away from life on the streets. That is why we have committed £433 million over the course of the Parliament to provide 6,000 vital homes for rough sleepers through the rough sleeping accommodation programme—the largest ever investment of its kind in this country. It is crucial to tackle the root causes of rough sleeping so that we prevent anyone from facing the damage and trauma that they have experienced from falling back into rough sleeping after having been given a helping hand. We are therefore also investing in high-quality support so that the vulnerable people helped through the programme can recover and maintain tenancies.

The data clearly demonstrates that our approach is working well. The rough sleeping statistics published this year showed a 37% fall in the number of people rough sleeping on a single day, compared with the previous year. This is the third year in a row that that number has fallen, which is a fantastic achievement. It is now incumbent on us to sustain the momentum and not just continue to reduce rough sleeping but end it for good.

It would be remiss of me not to briefly highlight the brilliant multi-agency work being pioneered by Westminster City Council and its partners to tackle rough sleeping. I know from conversations with my hon. Friend the Member for Cities of London and Westminster and Councillor Rachael Robathan, and simply from walking a few minutes from this building down Victoria Street, that Westminster faces significant and complex homelessness issues. I pay tribute to my hon. Friend for her exceptional dedication, both as the Member for this constituency and as the previous leader of Westminster City Council, to tackling these issues.

The dedication of the teams in Westminster means not only that beds are provided for those my hon. Friend described as fearful and mistrusting, but that the right support is provided alongside the accommodation. For example, the rough sleeping initiative-funded assessment project at Holly House, run by St Mungo’s, which I had the honour of addressing a few weeks ago, offers rapid initial contact for rough sleepers and provides a quick triage assessment with an offer of accommodation followed by effective follow-up support, ensuring that needs are identified and met. That is a pioneering approach for others to follow.

We are here to talk particularly about repealing and replacing the Vagrancy Act. My hon. Friend and others across the House have been determined advocates of the need to look closely at that legislation. The Government wholeheartedly agree that the time has come to reconsider the Vagrancy Act. As many Members have said, no one should be criminalised simply for not having anywhere to live. As the Secretary of State for Housing, Communities and Local Government said, and as others have quoted, the Act is “antiquated”, and its

“time has been and gone.”—[Official Report, 25 February 2021; Vol. 689, c. 1138.]

The Vagrancy Act is quite literally a relic of the 19th century and clearly needs to be replaced to reflect the civilised, compassionate society that this Government are committed to as we build back better. That is why we have committed to review the legislation. The review has, for understandable reasons, been delayed by the pandemic. I fully appreciate that, as the hon. Member for Oxford West and Abingdon (Layla Moran) said, it was started some time ago, but we have unfortunately been knocked off course since then, partly by a general election, a change of Prime Minister and 12 months of a global pandemic. Clearly, it has not been smooth since then. However, with our world-leading vaccination programme forging ahead and our road map for cautiously easing lockdown restrictions in place, I am determined to take that work forward at pace.

At its heart, the review has been about the experiences of those on the frontline, including the police, local authorities and the homelessness sector, and, most importantly, those with experience of rough sleeping initiatives. It has been crucial to understand the full picture of why the Vagrancy Act is used and what impact any changes to it will have. It is vital that the legislation creates the right environment in which to deliver effective services, enables our police to operate effectively on our streets and engages constructively with vulnerable people. We are currently finalising the conclusions of the review and will announce our position shortly.

Of course, that is only part of the solution. Many of the individuals we have heard about face tremendous challenges, and we must ensure that their individual needs are front and centre in this national endeavour.

I will shortly speak about the support we have invested in making sure that the health needs of rough sleepers are adequately addressed, but I will first speak briefly to the points made so compellingly about what happens when an individual refuses critical care and treatment. Decision making in those situations is covered by the Mental Capacity Act 2005, which exists to protect those with a lack of mental capacity and facilitate the expression of their rights and freedoms. When a person who is sleeping rough refuses care and treatment that others, including medical and outreach professionals, see as vital to survival, that is not on its own enough to demonstrate a lack of mental capacity.

We recognise, however, that some people who are sleeping rough lack the relevant mental capacity to make decisions about their care and treatment. In those circumstances, the 2005 Act provides for a best-interest decision to be made by relevant professionals, including those supporting rough sleepers. That is never easy, but it is sometimes necessary. That is why we have previously written to local authorities to remind them of their powers during a period of severe cold weather, and of the need to ensure that outreach teams working alongside mental health services can pre-assess those who choose to remain on the streets and to alert police when mental health may be a factor.

Of course, as my hon. Friend the Member for Cities of London and Westminster rightly highlighted, the most important thing is to ensure that the root causes of the individual’s health needs are sufficiently supported before it gets to that stage. We know that the health needs of rough sleeping cohorts are significant. A survey published by my Department in December found that 82% of respondents who had slept rough in the last year had a mental health vulnerability, 83% had a physical health need, and 60% had a substance misuse need.

People sleeping rough often have complex and multifaceted needs, making the requirement for comprehensive wraparound support all the more crucial. That is why we are tackling this head-on, by delivering £52 million in this financial year to provide substance misuse treatment for people who are sleeping rough. That will provide the specialist support that so many of those individuals need to rebuild their lives and move into long-term housing. In addition, the Department of Health and Social Care is investing £30 million in the NHS long-term plan to support specialist mental health services for people sleeping rough.

In his brief contribution, the hon. Member for Strangford (Jim Shannon) mentioned that 50 organisations are seeking to see the back of the Vagrancy Act. As I think we have heard this afternoon, there is also cross-party consensus on that. My hon. Friend the Member for Cities of London and Westminster suggested that three-year funding would be appropriate. Unfortunately, that decision is above my pay grade, but I am sure the Chancellor is listening to this debate and will have heard her comments.

My hon. Friend the Member for Gravesham (Adam Holloway) said that we need to address begging, so it is a question not just of repealing the Act, but of considering what is necessary to replace it. Certainly, as he said, there are examples of people for whom begging is a way of earning money to spend on drugs and alcohol. During my time with the YMCA, we found it incredibly frustrating to have people begging outside our establishments. I would go out to them and say, “You’re giving us a bad reputation. We’re here to provide the sort of support that you are conveying that you need. We could find accommodation and support for you.” They would say, “No, I’m quite happy where I am, thank you.” Sometimes, the people we see on the streets are not necessarily there because there is no opportunity for provision and accommodation.

Several hon. Members mentioned the Housing First programme. Obviously, I am a very big fan of that programme in the west midlands, which Andy Street championed from the start of his time as Mayor—pilots are ongoing. Although many hon. Members have, I am sure, seen good work come from that, we need to allow the review to continue so that we can get a detailed summary of what has worked best and then determine how to move forward based on the commitment that the Government made in our manifesto.

The only point that I would mildly take issue with is the one that the hon. Member for Leicester East (Claudia Webbe) made about the new asylum legislation. I disagree with her point simply because that legislation is to tackle those who persistently engage in antisocial behaviour but refuse to engage with the support offered to them, so I do not think the Government are being particularly harsh or using legislation in an inappropriate way. I think there would be general consensus among the public that people who behave in that way and refuse to engage with support should be tackled, and should be subject to the law.

The renters reform Bill is clearly an important piece of legislation, but given that we are just coming out of the pandemic, the Government will have to decide which things they need to bring forward in legislation to get the country back on its feet. Again, that is a decision above my pay grade, but it is something that I personally will be pursuing in my ministerial role regardless of the legislative programme.

[Thangam Debbonaire]

I am grateful to the Minister for giving way; he is very courteous. He says that it is above his pay grade to decide whether that happens, but will he be making the case for the renters reform Bill to be in the Queen’s Speech? That is really what I am asking him to commit to.

[Eddie Hughes]

My job as a junior Minister in the Department is to support the Secretary of State in identifying important legislation that needs to be considered. It is then the job of the Department and the Prime Minister to prioritise things appropriately, based on the collective need of the country.

The hon. Member for Bristol West (Thangam Debbonaire) called for a significant house building programme. Personally, I think the £12 billion that the Government have committed to house building is significant, and we are determined not only to hit the target of 300,000 houses a year, but more importantly to do that across a mix of tenures. Before becoming a Minister, I chaired the all-party parliamentary group on shared ownership housing. It is not just a question of allowing people to have places to rent; many people have the aspiration to buy. It is up to us to try to support those people as well.

It has been a real privilege to take part in a debate that I feel so passionately about, given my professional background before coming to Parliament, but more importantly in which there is such cross-party consensus across the House. I feel confident that in due course we will make significant progress with this legislation.