Begging man ‘let down by the judiciary system’

SIR, — It was with some dismay that I read about a homeless man who was fined £10, under the Vagrancy (Ireland) Act 1847, for begging outside a shop in Newcastle.

This 1847 Act was introduced at the height of the Irish Famine to deal with starving people begging. It was totally inappropriate then and still is.

In fact it was found to be so by the Dublin High Court in Nial Dillon v DPP 2007. 

Mr Dillon had been charged with begging outside a shop in Dublin, but successfully argued that the Act interfered with his freedom of expression and communication under the Irish Constitution.

The provision of the Act was struck down and eventually replaced by the Criminal Justice (Public Order) Act 2011, which does not extend to Northern Ireland.

This raises two legal points. Firstly, are the provisions of the 1847 Act still applicable in Northern Ireland courts? Secondly, if so, while we are not bound by the Irish Constitution we have similar rights on freedom of expression under the Human Rights Act.

One would, therefore, expect Northern Ireland Courts to reach the same conclusion as the Dublin High Court. Unfortunately, this poor man had no one to argue his case.

One also has to ask how much did it cost to pursue this case — more than £10 I would suggest. While the case could now only be overturned on appeal, I would also suggest that with Christmas in the offing, the police should use the same energy as they did in the first instance to find this man, admit that they got it wrong and give him back his £10.

Yours etc,

John McMullan,

Saintfield.