People should not be arrested just because they smell something, a minister has warned, as backlash grows against legislation that would criminalize homelessness.

Draft legislation for the Criminal Justice Bill seeks to criminalize “rough sleeping nuisance”, stating that this would include anyone who has slept rough, “intends to sleep rough” or “displays conduct of rough sleeping” and in doing so creates a nuisance.

The definition of “nuisance” even includes “excessive odor.” If found guilty, offenders could be jailed for one month or fined up to £2,500.

Education Minister Gillian Keegan told sky news On Tuesday, she will support government policy but warn people “should not be arrested just because they smell something”.

She added: “I haven’t seen the details of that but I guess the word is ‘over’ and I don’t know what they mean.”

Her comments come as more than 40 Conservative MPs are expected to oppose the controversial legislation, which would make it a criminal offense to “nuisance” rough sleepers.

It comes after leading housing charities recently said independent They fear measures to criminalize homelessness in the Criminal Justice Bill could hit women hardest.

The new legislation, which is expected to become law before the general election, includes vague measures that mean sleeping in doorways or hidden locations could be defined as a nuisance and therefore criminalized.

Campaigners fear women may be hardest hit as they often seek out secluded spots to protect themselves from sexual violence, harassment and other dangers while sleeping rough.

One former rough sleeper recently told independent Speaking about her experience of being homeless on and off from the ages of 16 to 40, she called the bill “Dickensian” legislation.

“It’s a shame,” the 54-year-old said. “If the government thought the way to end homelessness was to outlaw it, then they wouldn’t have a problem with homelessness. To say, ‘You look homeless, so I’m going to arrest you’ — that makes The police now have unlimited power to arrest anyone they like.”

The legislation was introduced to parliament by former home secretary Suella Braverman, who drew criticism for calling rough sleeping a “lifestyle choice”.

Senior government sources said the bill has been put on hold and ministers are consulting with Tory MPs on the left and right who have raised concerns about the proposals. era Report.

Bob Blackman, Conservative MP for Harrow East, has proposed measures to ensure the government delivers on its original promise to repeal the Vagrancy Act 1824.

Lib Dem senior MP Layla Moran called the Criminal Justice Bill “Vagility Act 2.0 on steroids” – a reference to the 200-year-old, widely criticized act .

Although Parliament voted to repeal the Vagrancy Act in February 2022, it has not yet come into force, and the emergence of the Criminal Justice Bill marks a U-turn by the government in light of the tough measures contained in the legislation.