Source: The Telegraph 02/04/24

The Government has become embroiled in a row over whether homeless people could be arrested because they smell under its proposed rough-sleeping laws.

Ministers plan to replace the 19th century vagrancy legislation with laws “supporting people to get off the streets while allowing local authorities and the police to address behaviour that can make the public feel unsafe” - But critics claim that the new Criminal Justice Bill is even harsher than the old laws governing homelessness, and will threaten rough sleepers with fines and even jail “for the way they look or smell”.

Home Office officials have insisted that the legislation did not refer to rough sleepers smelling, and would not criminalise those who were unable to wash.

The proposed rough-sleeping legislation has provoked a backlash from homelessness charities and a rebellion of over 40 Tory MPs.Under the draft legislation, police would be given powers to move on homeless people that cause a “nuisance”, which would include “damage to the environment”, which could mean causing “excessive noise, smells, litter or deposits of waste”.

If a homeless person fails to comply with the police order, they could be handed a fine or even jailed.

Francesca Albanese, of Crisis, said: “Threatening people with fines and prison for the way they look or smell, or for seeking shelter in doorways, will push them further away from help. We urge the Home Secretary to listen to his colleagues, as well as MPs from across the House, and drop these measures.”

Bob Blackman, Conservative MP for Harrow East who is spearheading the Commons rebellion, said that including “excessive” smell in the definition of “nuisance” was nonsense.“People that are street homeless, funnily enough, don’t have access to baths, showers or even restrooms at times.”

It comes after Gillian Keegan, the Education Secretary, told Sky News that “people shouldn’t be arrested just if they smell, -.But of course what we’ll be doing is we’ll be considering any legislation,” she told the broadcaster on Tuesday morning.

The Prime Minister’s spokesman said that Rishi Sunak agreed with Ms Keegan’s remarks.

When asked about the wording of the Bill, the Downing Street spokesman said: “This is about ensuring that there are powers in place to protect the public against intimidation, and also for police and councils to be able to tackle security or health and safety risks where they appear.“But the focus of it is on that and fundamentally what we’re doing is getting rid of outdated legislation which criminalises people for being homeless, which obviously isn’t right, and that is the opposite of the intention of this legislation.”

The Downing Street spokesman added that police would be given guidance alongside the new powers to ensure that forces’ focus and priorities would be the core issues of tackling intimidation and threats to the public.

Mr Blackman expressed concern about how “excessive” smell would be defined within the new laws, adding that a reliance on police guidance could mean different things in different places.

The Harrow East MP said that intense negotiations with ministers about an array of amendments rebels had put forward were ongoing.

He said that the current proposals as they stand are bringing back an even worse regime than the Vagrancy Act that they’re seeking to replace. He added: “We’re very determined this will not stay like it is in the Bill when it goes through from report stage to third reading. It’s just unacceptable in its format.”

Meanwhile, Labour said that the new rough-sleeping proposals showed that the Government had “twisted priorities”.

Alex Norris, the shadow policing minister, said: “With real problems with soaring serious violence, plummeting charging rates, and rock-bottom levels of confidence in policing, the Criminal Justice Bill was a chance to address crucial community safety issues, instead the Government has chosen to go after homeless people or indeed anyone who smells. These are the twisted priorities of a government out of time.”

A government spokesman said: “We are determined to end rough sleeping for good. That is why we have published a strategy to tackle the root causes of why people end up on the streets, backed by unprecedented £2.4 billion.”They added that the new legislation “focused on supporting people to get off the streets, while allowing local authorities and the police to address behaviour that can make the public feel unsafe, such as begging at cashpoints”

For more info on the Criminal Justice Bill relating to nuisance, begging and rough sleeping visit: https://www.gov.uk/government/publications/criminal-justice-bill-2023-factsheets/criminal-justice-bill-nuisance-begging-and-rough-sleeping

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