We published on Friday an article “The Public Space Protection Order: What you need to know“. Under the new proposed powers any “authorised person” including a council officer can issue a person suspected of breaching the PSPO with a fixed penalty notice and fine of £100. If not paid and prosecuted in court the fine can rise to £1000. Proposed breaches include “aggressive” begging and obstructing building entrances/exits, stairwells of premises or highways after being asked to move.
We make the following three main points about why oppose the proposed public space protection orders (PSPO):
1. It unfairly targets homeless people, not the causes of homelessness
2. There is a clear risk of abuse of power, and reduction in legal safeguards for the homeless
3. Homeless people are struggling to access support, so they would be punished without offering an alternative
Now Liberty says in the Manchester Evening News article from 4th April, by Mari Eccles, that these fines could break the law and describes the proposed fines as ‘cruel and perverse’.
We agree.
Please read the full article with images and captions here.
Town hall plan to hit city centre aggressive beggars with £100 fines are ‘cruel and perverse’ say campaigners
Campaign group says move would do nothing to tackle poverty
Plans to crack down on ‘aggressive’ begging, urinating in public and other anti-social behaviour in Manchester city centre are potentially ‘unlawful and unreasonable,’ a human rights group has said.
Liberty says Manchester council has shown ‘no evidence’ to justify proposals for its public space protection orders (PSPO), which could see people hit with £100 fines for certain acts, including refusing to move out of doorways or dropping a syringe.
They added it would be ‘particularly cruel and perverse’ to fine people who would have to use ‘what little money they might have saved from charitable donations’.
The council revealed its wide-ranging plans earlier this year and they are now subject to a public consultation, which closes on Monday.
Deputy council leader Nigel Murphy said no decision has yet been made on the order. Councils can use the orders to ban specified activities in a defined public area.
But Liberty has sent an official response to the town hall, saying: “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.”
They add that while other councils implementing public space protection orders have published data, witness statements, police reports, impact assessments and surveys to justify the need for the measure, Manchester council have not.
A letter signed by the advocacy group’s lawyer Lara ten Caten said: “We appreciate that the plans are still at an early stage; however this proposed PSPO is potentially not only unlawful and unreasonable, it is also a disproportionate interference with basic rights and adds nothing to the fight to alleviate poverty.”
The potential crackdown would also ban tents deemed to be causing a public hazard and drinking in a non-licensed space, and has come amid growing concern about anti-social behaviour in the city centre.
If it goes ahead, the move would allow council officers to hit people with on-the-spot £100 fines, which could rise to £1,000 in court if unpaid.
The town hall has continuously maintained that the proposal’s aim is to tackle anti-social behaviour – and not to demonize rough sleepers.
When the plans were announced, Coun Murphy said: “It must be stressed that our absolute priority remains to support anyone who is in need to connect them with services which can help them improve their lives.”
He added at the time that the consultation would be ‘crucial’ in shaping whether the town hall proceeded with proposals.
But Liberty says that it’s not reasonable to slap those who are begging with fines that they ‘cannot afford to pay’.
They write: “Indeed, it would be particularly cruel and perverse for those caught begging in violation of the PSPO to have to pay a fine using what little money they might have saved from charitable donations.”
Anyone begging in Manchester city centre is likely to be doing so because they are in a ‘desperate need of financial help,’ they write, adding: “No one in that situation should be fined and criminalised.”
Manchester’s plan follows similar moves by councils around the country, including Blackpool, Southend and Nottingham – all of which Liberty is opposing.
The group said it had been contacted by local residents in Manchester who are concerned about the plans.
In response to Liberty’s comments, council deputy leader, Coun Murphy said: “We have been gathering evidence for some time to assess whether or not to introduce a PSPO in the city centre, which allowed us to begin the on-going public consultation around the key principles of a potential scheme.
“The intention of a PSPO would be to address issues related to anti-social behaviour and highlight behaviours that are unacceptable.
“Everyone should be able to enjoy the city centre and the actions of a small minority should not spoil it for the rest of Manchester and visitors to the city.
“No decision has yet been made, but the feedback from the consultation, once finished, will allow us to determine whether a PSPO is the right choice for the city.”
Please read the full article with images and captions here.
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