Debate contribution: Justice Bill: Consideration Stage

Debate contribution by Mrs Ciara Ferguson on 8 June 2026.

MLA

Mrs Ciara Ferguson

Party at the time

Sinn Féin

Date

8 June 2026

Type

Debate contribution

Business

Executive Committee Business

Heading

Justice Bill: Consideration Stage

Assembly identifier

Official Report component 5600941

Read the official Assembly record

Text

I will focus on amendment No 70. For two centuries, the Vagrancy Act 1824 and the Vagrancy (Ireland) Act 1847 have enabled and upheld the criminalisation of homelessness, and we all recognise that that is shameful. That archaic and stigmatising legislation utilises terms such as "rogues" and "vagabonds" to reference those who are experiencing chronic homelessness, and it singles out people with disabilities, which is totally inappropriate, insulting and unethical. That legislation needs to be repealed. Whilst I welcome the fact that the PSNI has said that no arrests or prosecutions have been made under section 4 of the 1824 Act, it is important to remove from the statute book legislation that stigmatises and criminalises rough sleeping. Additionally, the PSNI stressed to the Committee that rough sleeping consumes a lot of its time, the police being the first point of contact when it is reported. The PSNI indicated that there is a need for others to be more prominent in that space, and I reflect on the fact that the number of households with homeless status has risen by 122% to over 33,000 households, and our homelessness charities are significantly constrained by short-term funding arrangements, including quarterly settlements. The 'Street Needs Audit' conducted in Belfast, Derry and Newry identified 288 individuals engaged in some form of street activity, including rough sleeping. As our colleagues in Homeless Connect stated:

"Each person who sleeps rough has a unique story as to how they have found themselves in such a situation."

A range of front-line homeless support charities echoed that view. Whilst there may be commonalities, different people need different forms and levels of support to transition out of homelessness into sustainable housing, rather than being stigmatised and criminalised. I have repeatedly welcomed the work of the Complex Lives initiative in Belfast City Council, which works in collaboration with voluntary and community sector organisations and statutory partners. I would like to see the initiative rolled out in Derry and beyond in recognition of the fact that a trauma-informed, collaborative approach is much more likely than any punitive measure to generate positive change. I will briefly touch on two DUP amendments, Nos 71 and 72. The amendments replicate those that were brought forward in the Crime and Policing Bill in Westminster. Amendment No 71 replicates clause 53 by making it an offence to trespass on an enclosed premises or building with the intent of committing an offence. The PSNI advised the Committee that it was concerned that not having such legislation could leave a gap in enforcement. Likewise, amendment No 72 replicates clause 52 by making it a specific offence to arrange or facilitate another person's begging for gain, which was deemed important to allow the police to tackle the criminal gangs and the exploitation of vulnerable people. It should be noted that the PSNI advised the Committee that no current evidence exists of organised crime linked to begging. Whilst the amendments in question do not explicitly criminalise homelessness, at this stage, we will cautiously welcome them, given that the PSNI has noted the potential for an enforcement gap. However, the provisions will need to be carefully monitored to ensure that they are not misused, do not de facto replace vagrancy legislation and do not inadvertently contribute to the stigmatisation, marginalisation or exclusion of those who are experiencing homelessness or poverty. It is also notable that the PSNI indicated to the Committee that the data pertaining to the signposting to other agencies of those detected as begging is not readily accessible on the police system. However, we know that, between January 2018 and June 2025, police received 721 calls involving the offence of begging, 715 of which were recorded and 255 of which received community resolution notices. The Minister had previously advised us of her intention to oppose the amendments, but, as she alluded to in her speech, she now believes that they are necessary, so it might be useful to hear from the Minister whether she would —.

Yes.

Thank you for that update. It would be useful to know whether you would also consider a review of that new addition to the legislation within a short time frame after commencement to consider whether the changes are proportionate and justified and, as stated, will not impact negatively on those who find themselves facing homelessness. Chronic homelessness and simple begging are frequently driven by underlying vulnerabilities, including extreme poverty, trauma, adverse childhood experience and addiction. Sinn Féin does not believe that the use of a criminal sanction is the best way to respond to what is, in most cases, a social problem. As the 2024 report from the UN special rapporteur on extreme poverty and human rights indicated:

"Relying on the criminal justice system to address the consequences of poverty and homelessness serves only to penalize individuals for structural inequality, social exclusion and their fundamental denial of rights. Criminalization further entrenches inequality, reinforces social stigma, and undermines the dignity of persons experiencing homelessness or poverty. A punitive ... approach that penalizes persons in precarity ... also poses a significant economic cost to the State that should be redirected to measures that are effective in preventing and ending homelessness and reducing poverty."

I will finish by welcoming the repeal of the Vagrancy Acts and calling for unanimous support in the Chamber for that progressive change. I can only hope that it is strengthened by the roll-out of Complex Lives in Derry, substantial investment in affordable housing and the sustainability of vital wrap-around support services for those who are experiencing homelessness.

925 words. Text as published by the Northern Ireland Assembly.

Assessment

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Assessed 21 October 2026 at 15:56 UTC by jev-1.13.0 (requested as typesafe/jev) under rubric 2026.10-r9, methodology 1.9.

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