Homelessness laws could be clarified to ensure rough sleepers cannot be moved on for smelling

Homelessness laws could be changed to clarify that a rough sleeper can’t be moved on because they smell, following a backlash to draft legislation.

The Home Office is considering amending a Bill to tackle rough sleeping to clarify that those sleeping on the streets will not risk sanction by police simply as a result of body odour.

It comes after the Government became embroiled in a row over the wording of its Criminal Justice Bill, which critics claimed threatened homeless people with fines and even jail “for the way they look or smell”.

Under the current draft legislation, police would be given powers to move on homeless people that cause a “nuisance”, including “damage to the environment”, of which listed examples were “excessive noise, smells, litter or deposits of waste”.

Officials were forced to clarify last night that the legislation did not refer to rough sleepers smelling, but was in fact about creating or leaving a mess that had a negative impact on the environment or public safety.

But The Telegraph understands that the Home Office is now looking at making clearer in the wording of the Bill that homeless people cannot be moved on just because of body odour.

It comes after Gillian Keegan, the Education Secretary, told Sky News on Tuesday morning that “people shouldn’t be arrested just if they smell”.

She added: “But of course what we’ll be doing is we’ll be considering any legislation.”

Downing Street later said that Rishi Sunak agreed with Ms Keegan’s remarks.

‘Outdated legislation’

When asked about the wording of the Bill yesterday, the Prime Minister’s 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“But the focus of it is on that and fundamentally what we’re doing is getting rid of outdated legislation which criminalises people for being homeless, which obviously isn’t right, and that is the opposite of the intention of this legislation.”

Francesca Albanese, from Crisis, said yesterday: “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.”

Around 40 Tory MPs are set to rebel against the Bill, with Bob Blackman, who is spearheading the rebellion, yesterday describing the legislation as “unacceptable in its format”.

The Criminal Justice Bill laws around rough sleeping were drafted to replace the Vagrancy Act, which dates back to the aftermath of the Napoleonic Wars.

But Mr Blackman, the MP for Harrow East, said the new proposals as they stand “are bringing back an even worse regime than the Vagrancy Act that they’re seeking to replace”.

He added that “intense negotiations” were taking place with ministers about an array of amendments that rebels put forward.