HC Deb 13 November 1980 vol 992 cc607-8
15. Mr. Thomas Cox

asked the Secretary of State for the Home Department when he plans to review the present Vagrancy Act.

Mr. Brittan

A review of the Vagrancy Acts was carried out by the working party on vagrancy and street offences which reported in 1976. General reform of the Acts must await a suitable legislative opportunity, but the Government expect to be able, early next Session, to announce their intentions with regard to the suspected person offence.

Mr. Cox

Is the Minister aware of the discussions by the Select Committee on Home Affairs on the issue that is commonly known as the "sus" law? Is he further aware that the present working of that law does more to destroy good community relations in this country than any other issue? As a matter of urgency, will he look at the present working of that law and give an assurance that it will be repealed as soon as possible?

Mr. Brittan

I can certainly assure the hon. Gentleman, as has been done in the past, that the Government will announce their intentions with regard to change as early as possible, and that will be very soon. As to the racial impact, I welcome the Select Committee's finding that there has been no deliberate racial bias on the part of the Metropolitan Police in the use of "sus". However, I appreciate the force of the arguments that this offence in its present form inhibits the improvement of relations between the police and ethnic minorities.

Mr. Stanbrook

In any review of the Vagrancy Act, will my hon. and learned Friend confirm that it will be undesirable to prevent the police from having the power of arrest where there is clear evidence of an intention to commit an offence?

Mr. Brittan

I see the force of what my hon. Friend says, but the question remains "What is an offence and what is not an offence?" Until that is resolved, I do not think that one can deal with the problem as a whole.

Mr. Kilroy-Silk

Does not the Minister realise that 350 people a year are imprisoned on "sus" offences even though the prosecution does not have sufficient evidence to mount a charge of theft or attempted theft? Is not that unduly harsh? Will he at least make such "sus" offences non-imprisonable?

Mr. Brittan

It is because of the criticisms that have been made on both sides of the House of this offence that my right hon. Friend has indicated that at an early date he intends to announce the changes in the law that he proposes to put before the House.