Lillian
Hanly Political Reporter
The
government’s proposed move-on orders look set to be watered
down, with MPs recommending that 14 to 17 year olds be
excluded, RNZ can reveal.
The legislation – as it was
introduced to Parliament – would give police the power to
order people as young as 14 to move elsewhere if they were
being disorderly, begging or rough sleeping. If the order
was refused, the person would face a fine or a possible jail
sentence.
Parliament’s Justice Select Committee –
which includes MPs from most parties – has been considering
the legislation for months, and heard from the likes of
police, social service organisations and legal
experts.
It is understood police raised concerns about
children as young as 14 being covered by the proposed
law.
The committee’s report is due to be published on
Thursday, but RNZ understands it will recommend that the age
limit be lifted to 18.
The recommendation still
requires sign-off by ministers, but government MPs hold the
majority of seats on the committee, giving some indication
of their view.
In response to questions from RNZ,
Justice Minister Paul Goldsmith said he would not comment
until the select committee reported back.
He said MPs
had taken into account the many submissions and “wide
variety of views”.
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Goldsmith acknowledged “some
concerns [had been] raised” regarding the age of those
covered, but maintained he was comfortable with the bill as
it was introduced.
The legislation has been hugely
contentious and faced significant opposition, with
submitters on the Summary Offences (Move-on Orders)
Amendment Bill calling it “morally
indefensible”, “unnecessary” and a “breach of the Bill of
Rights”.
The police union had serious
concerns about the regime’s practicality and
effectiveness, including that applying it to those as
young as 14 conflicted with youth justice principles which
are focused on welfare and rehabilitation.
The former
Children’s Commissioner warned the move-on orders risked
punishing children and young people for being
homeless.
A former judge described
the bill as “callous”, with the inclusion of people as
young as 14 being emblematic of that
callousness.
Public health experts also said the
move-on orders would
“criminalise homelessness” among some of Aotearoa’s most
vulnerable young people, creating a new pathway into the
criminal justice system for them.
Attorney-General
Chris Bishop also found that removing rough sleepers and
beggars did not appear to be justified, while opposition
parties have slammed
the proposed legislation.
Goldsmith told RNZ on
Tuesday there were “a lot of people who do want to see us
reclaiming our town’s centres and main streets”.
The
government’s rationale for introducing the law was to
provide police “an extra tool” to deal with a “serious
problem”, said
Goldsmith in May.
Town centres should be places
where people wanted to visit and felt safe doing so, he
said.
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