Smelly Homeless People to Be Punished... Controversy Over UK's Legal Amendment

In the UK, a bill that would allow homeless people to be arrested simply for emitting a bad odor is causing controversy.

Homeless person in London, England.
Photo by EPA Yonhap News

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On the 3rd, foreign media including the British daily The Telegraph reported that the UK government recently introduced a criminal justice bill to replace the Vagrancy Act of 1824. The existing law criminalized begging and certain homeless behaviors. However, the new bill abolishes these provisions and instead allows the police to move homeless people who are "causing a disturbance," and if they do not comply, they can be fined up to ?2,500 (about 4.25 million won) or arrested.

The problematic part is that the definition of "disturbance" subject to enforcement includes "excessive noise or odor, littering or piling up garbage, and acts that damage the surrounding environment." Criticism has grown that the law is excessive in criminalizing not only threatening others or damaging others' property but also simply emitting a bad odor. As the controversy grew, Gillian Keegan, the Secretary of State for Education, drew a line in an interview when asked if someone could be arrested just for smelling bad, saying, "No, they cannot." Later, a spokesperson for the Prime Minister's Office explained, "We are trying to fix the outdated law that criminalizes homelessness," adding, "This controversy is completely contrary to the legislative intent."

Despite the government's explanation, the controversy did not subside. Alex Norris, a Labour Party MP, criticized, "This bill was an opportunity to address real problems such as a serious rise in violence and a sharp decline in public trust in law enforcement, but the government is focusing on chasing homeless people's odors," adding, "The priorities are reversed."

Opposition to the bill comes not only from opposition parties but also from within the ruling party. Bob Blackman, a Conservative MP, called it absurd to include excessive odor in the definition of disturbance, saying, "Homeless people sometimes cannot even take a bath, shower, or use the restroom." He proposed an amendment requiring the government to issue mandatory guidelines limiting the law enforcement powers of local authorities or police to specific situations. It is reported that 11 ruling party MPs and 21 opposition MPs support this amendment.

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