Hubbry Logo
search
logo
181211

Vagrancy Act 1898

logo
Community Hub0 Subscribers
Write something...
Be the first to start a discussion here.
Be the first to start a discussion here.
See all
Vagrancy Act 1898

The Vagrancy Act 1898 (61 & 62 Vict. c. 39) was an act of the Parliament of the United Kingdom that criminalised men who lived off the earnings of prostitution (pimping) and who solicited in public places in England and Wales. The bill was generally viewed as successful in its impact, leading to the similar Immoral Traffic (Scotland) Act 1902 (2 Edw. 7. c. 11).[citation needed]

Lord Salisbury, a Conservative and the British Prime Minister, was constantly aware of his party's enemy, Socialism, "Whenever an Act for the benefit of the people is introduced."

Acting on the Parliamentary Select Committee's Report (1896) there were modifications to the Poor Laws. Already torn apart by the new secular dilemmas in education, the Cabinet juggled competing priorities as they considered the new social policy. Henry Chaplin, President of the Local Government Board, implemented the bill in 1899, his committee reported that "All needy and deserving poor over the age of 65 should receive 5 s. per week under strict conditions." On 14 March 1898, Home Secretary Sir Matthew Ridley moved a bill to amend the Vagrancy Act 1824. He described "rogues and vagabonds," as "bullies" and "enemies of society," rejoining with "those men who lived by the disgraceful earnings of the women whom they consorted with and controlled." Vagrancy became a police matter.

The bill was read a second time on 23 June 1898, passing a third reading on 21 July. One week later, it was moved into committee by the Lords. On return to the Commons, Sir Charles Dilke, the radical MP, moved a procedural amendment, "A clause dealing, not simply with the matters of this Bill in particular, but dealing with the whole of the Vagrancy Acts."

Defending beggars and homelessness became one of Liberal leader William Gladstone's social concerns expressed in speeches, legislation, public oratory, and the opening of new hospitals, schools and workhouses. However, liberalism did not recognise poverty as a major causal factor in vagrancy or indeed any crime. Criminals were lesser and incapable therefore of rational thought, let alone legal and moral responsibility for their actions. The essential Protestant nature of the vagrancy offence meant violations were met by punishment such as, beatings, floggings, and whippings before they were sent home, without the adequate realisation that industrialisation caused migration across communities from the countryside.

From the 1860s onwards the tramping artisan began to disappear, as those in search of work intensified the experience to gain finality to it; whereas tramps came at last to accept, however reluctantly, their lot in life as "down and outs." In 1897, only 20% of "discharged soldiers" could justify their claim to be migrant workers to the Royal Commission and only 3% could in the workhouse population. Thus the Report of Minority Opinion was condemned in a scathing critique by Fabian Socialists, Beatrice and Sidney Webb, in their work The Break-Up of the Poor Law (1909), in which they described how only 3% could actually be categorised as "professional tramps."[failed verification] The Fabian emphasis fell on assessing at least between 13 and 23 of all vagrants as "deserving" of classification as "genuine workmen" and therefore respectability. This was determined by the economic climate: if prosperity rose and then the numbers in work increased, the number of assessed casuals would shrink. But more Liberal gentlemen earlier in the period could hardly discern any deserving case in the East End. Hugh Owen, Secretary to the Local Government Board (1871), and Edward Denison (1867) were both strongly opposed to casualism. Both men were disparaging of the casual poor.

The Vagrancy Act 1824 defined persistent vagrants to be "incorrigible rogues." A justice of the Quarter Session could order whipping, when and if "in their discretion shall deem to be expedient." The 1890s witnessed a crackdown. Police statements were the only witness statements taken in such cases; women were convicted after only a short trial; and hardly any proof by way of evidence was required for submission. But by 1900 only 165 had been prosecuted under the new act, whereas 7,415 women were convicted for solicitation in the same period. By 1917 police were systematically arresting and fingerprinting women, even if just standing around (loitering) without much intent. The Victorian "annoyance clause," was lifted making it easier for police to prosecute.

Offences were defined as begging with the causes for prosecution including: wandering abroad or being in any street to beg or gather alms, or causing or procuring any child so to do. Sections 3 and 4 of the Vagrancy Act 1824 relate to the offence when committed by a person who has been convicted as an idle and disorderly person. The Vagrancy Act 1824 once again stood to penalise rough-sleepers, and punish drunkards, prostitutes, and sturdy beggars. It seems as though they were overwhelmingly concentrated in the big cities as that is where the data has survived. London, Birmingham, Manchester, Liverpool, Leeds, Newcastle, Bristol in England are the only areas with any correlated data in Victorian period for homelessness. Section 10 that punished by "whipping" was repealed, despite the fact that the government reported that the punishment was used only on seven occasions in five years, and, as Lord Belper put it, "the offences were of such a seriously indecent character that I am sure your Lordships would not wish that the power should be parted with in such cases." During debates one MP, Mr. Pickersgill, called the bill's punishment "capricious" declaring that no fewer than 1,265 persons were convicted in 1895. There was concern expressed among Liberal MPs that the legislation should amend the need "for some poor insane wretch to be flogged." Sir Matthew Ridley accepted the Lords amendment.[which?] Much later a Liberal parliament went a step further in formalising these offences in the Criminal Law Amendment Act 1912.

See all
User Avatar
No comments yet.