Homelessness laws could be clarified to ensure rough sleepers cannot be kicked out because of the smell

Criminal justice laws relating to rough sleeping were developed to replace the Vagrancy Act. Photo: MIKE KEMP/GETTY

Homelessness laws could be changed to make it clear that rough sleepers cannot be moved because they smell, following a backlash over the bill.

Home Office is considering amending the Rough Sleeping Bill to make it clear that those who sleep on the streets do not risk police action simply because of body odor.

This comes after The government has been embroiled in a row over the wording of a criminal justice bill that critics say threatened homeless people with fines and even jail “for the way they look and smell.”

Under the current bill, police would be given powers to target homeless people who cause a «nuisance,» including «environmental damage,» examples of which include «excessive noise, odors, litter or waste deposits.»< /p>

Last night officials were forced to clarify that the law is not about rough sleepers, but about creating or leaving a mess that negatively affects the environment or public safety.

But The Telegraph understands the Home Office is now trying to make clear in the wording of the bill that homeless people cannot be resettled simply because of body odor.

It comes after Gillian Keegan, the education secretary, told Sky News in Tuesday morning that «people shouldn't be arrested just because they smell.»

She added: «But of course we would look at any legislation.»

Downing Street later said Rishi Sunak agreed with Ms Keegan's comments.

“Outdated legislation”

Asked about the wording of the bill yesterday, the Prime Minister's spokesman said: «It's about ensuring powers are in place to protect the public from intimidation, and that police and councils can deal with safety or health and safety issues.» risks where they come.

“But the focus is on that, and essentially what we're doing is getting rid of outdated legislation that criminalizes people for being homeless, which is obviously wrong, and this is the opposite of the purpose of this legislation.” /p>

Crisis' Francesca Albanese said yesterday: «Threatening people with fines and prison because of the way they look or smell, or for seeking refuge in doorways, will discourage them from getting help.»

p>“We call on the Home Secretary to listen to his colleagues, as well as members of the whole House of Representatives, and abandon these measures.”

About 40 Conservative MPs are planning to rebel against the bill, with Bob Blackman leading the rebellion , yesterday called the legislation «unacceptable in its format».

The criminal justice laws relating to rough sleeping were designed to replace the Vagrancy Act, which came into being after the Napoleonic Wars.

But Mr Blackman, MP for Harrow East, said the new proposals as they stood «would return an even worse regime than the Vagrancy Act which they seek to replace». He added that ministers are holding «intense negotiations» on a number of amendments proposed by the rebels.