Vagrancy Act

Wera Hobhouse Excerpts

Tuesday 29th January 2019 Commons Chamber

[Layla Moran]

I could not agree more with every word the hon. Lady said. Indeed, if we want an example of how badly the Vagrancy Act can be used, last year Windsor Council suggested, just before the royal wedding, that local police use the Act to “clean up the streets”. That was a disgraceful display, but, unfortunately, it is not uncommon. The Act is a common tool that is available to the police across the country.

[Wera Hobhouse (Bath) (LD)]

I congratulate my hon. Friend on bringing this very pressing issue to the House. Does she not agree that it is particularly cruel, given that a lot of homeless people are actually ex-military men who have devoted their lives and given their commitment to this country? They are on the streets for various reasons, but we should treat them in a very different way, rather than punishing them when they were originally prepared to give their lives for this country.

[Layla Moran]

In fact, this comes back to why the Act was controversial 200 years ago, let alone now. The use of the Act is damaging and counterproductive in tackling rough sleeping. Rather than addressing the root causes of homelessness, which we all know are incredibly complex, the Act simply displaces people from one area to another, which is particularly problematic given that the funding of support is still to an extent based on local connection.

--- Later in debate ---

[Jake Berry]

I am coming to our review of the law, but it is heavily engaging the Home Office and thereby the police and law enforcement more generally.

[Wera Hobhouse]

Will the Minister give way?

[Jake Berry]

I do not want to be timed out, so this will be the last time I give way.

[Wera Hobhouse]

From the list the Minister is reading out, I get the strong feeling that local authorities have also been involved. Could he clarify with the LGA where it stands on this?

[Jake Berry]

I will happily go away and find out the LGA’s position, although, having been involved in such commissions myself, I can say there is often robust debate as they come to their conclusions, but many people with differing views happily come behind one report and one set of recommendations, so the LGA will not necessarily have had the ability to set out its view separately, but will have been bound as part of the panel.

As I have said on the record, the Government do not believe that anyone should be criminalised for simply sleeping rough, but equally we should not rush to a wholesale repeal of the 1824 Act without proper consideration of the consequences. The hon. Member for Oxford West and Abingdon said—I wrote it down—that we needed a cool-headed assessment of the law before acting. I agree, and I rather hope she accepts that that is the Government’s approach.

We developed our rough sleeping strategy in collaboration with many national charities, many of which I have named, and they form part of the rough sleeping advisory panel. Enforcement can form part of moving some people away from the streets, but it should come with an offer of meaningful support. Some charities working with rough sleepers are clear that the ability to secure income through begging can make it harder, not easier, for vulnerable people to leave their damaging lifestyles behind. The 1824 Act is sometimes the only option to get someone off the street when they have become dependent on begging income to support their drug or alcohol dependency and to find ways of moving towards the support they need.

The rough sleeping strategy made a commitment—partially based, I am sure, on the hon. Lady’s sterling work—to extend our review of the Homelessness Reduction Act to include a review of other relevant homelessness and rough-sleeping legislation, including, of course, the 1824 Act. She acknowledged that homelessness and rough sleeping was a complex issue, and we know from engagement with stakeholders that there are conflicting views about the necessity and importance of the 1824 Act, which is why the Government believe that a review, rather than immediate action, which I know she would prefer, is the appropriate course of action.

We recognise that there is a wide variety of views about the Act among stakeholders. We have engaged with homelessness charities, such as those referenced by the hon. Lady, and the panel held wide-ranging views, although many panel members thought the Act necessary. My Department will continue to work with the Home Office, the Ministry of Justice and the homelessness sector to understand why the Act is used as part of this wider review, and one thing we want to get to the bottom of is why it is used to varying extents in different areas. Before we rush to repeal it, we must understand why that is the case. We will report the review findings by March 2020.

There is obviously considerable interest in this debate, and I would like to make an open offer to all interested hon. Members. I know the hon. Lady met my hon. Friend the homelessness Minister, and she is more than welcome to do so again. As part of this review of the law, we want to seek as many views as possible in order to get it right, so the door to my Department remains open, and I know that my hon. Friend, too, will happily meet colleagues from across the House to make sure we get this right, because it is very, very important. We must act to help the most vulnerable in society.

Question put and agreed to.