Human rights group has accuses Rochdale council of trying to 'criminalise poverty'

From The Manchester Evening News

A human rights group has accused Rochdale council of attempting to 'criminalise poverty' in a legal crackdown on beggars in the town centre.

Liberty, an independent campaign organisation, says the plan to extend a current Public Space Protection Order (PSPO), which expires on July 23, for a further three years potentially breaches the European Convention on Human Rights and could be challenged in the High Court.

It also says it is 'likely' the council's consultation process over the extension and variation of the current PSPO breaches the Anti- Social Behaviour, Crime and Policing Act 2014 which enabled local authorities to introduce such orders.

Liberty says: "It is unclear what an 'incident' is described as. Is it enough for someone sitting with a cup begging?"

It also accuses the council in its report of linking begging to anti-social behaviour.

The letter says: "(The report) says it provides an overview of 'ongoing problems within the town centre associated with anti-social behaviour that the current PSPO aims to tackle'.

"It is stated that there is CCTV of 159 'incidents' of street begging. Begging is not antisocial behaviour and should not be recorded as such."

Liberty claims there is no evidence in the report that there is a problem with begging in Rochdale by people who are not destitute.

It goes on: "This prohibition is therefore not based on evidence, it is not needed and must be removed.

"The wording 'No one at any time shall beg for money' amounts to a blanket ban on begging and is unreasonable."

The report says that in the public consultation in 2017 some members of the public felt that begging had a negative impact on the image of the town and that begging adversely affected business by putting people off coming into the town.

Liberty says: "It is grossly disproportionate to prohibit begging, which is relied upon as a lifeline by people suffering from poverty, in order to improve the aesthetic of Rochdale town centre.

"We note with great concern that the dispersal of people begging has substantially increased since the council’s (initial) PSPO was made.

"The council seems to be simply trying to cleanse its town centre of poverty."

And it adds: "Other councils have relied on, and published, data, witness statements, police reports, surveys, impact assessments, and many other sources of information to justify the need for a PSPO before setting out a proposed order and starting a consultation.

"If the council goes ahead with making this PSPO without sufficient evidence then it will be unlawful and vulnerable to challenge in the High Court."

Liberty also says: "The PSPO provisions (saying no-one at any time shall beg for money) also constitute a potential interference with Article 8 of the European Convention of Human Rights."

The letter concludes: "This proposed variation and extension of the Rochdale PSPO is potentially not only unlawful and unreasonable; it is also a disproportionate interference with basic rights and with people’s right to inherent human dignity. It adds nothing to the fight to alleviate poverty. We urge you to think again."

A Rochdale council spokesperson said: "The response from Liberty will be considered alongside all the other comments received during the consultation period.

"Recommendations are due to be presented to the council’s cabinet committee later this month before a decision is made."

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