Gay Mitchell
Question:88 Mr. G. Mitchell asked the Minister for Justice if he will consider re-introducing legislation on the problem of loitering.
Written Answers. - Loitering Problem.
I assume that the question is meant to refer to the re-introduction of the offence of loitering with intent to commit a felony contained in section 4 of the Vagrancy Act, 1824 as amended, which has been held to be inconsistent with the Constitution. There is another offence involving loitering in the context of solicitation for the purposes of prostitution which is provided for in section 16 (1) of the Criminal Law Amendment Act, 1935 and in certain other statutory provisions.
The Law Reform Commission's Report on Vagrancy and Related Offences (LRC-11) contains recommendations to the effect that no new general loitering with intent offence should be enacted to replace the vagrancy related offence and that the 1935 Act provision should be amended. Examination of that report is proceeding as quickly as other urgent demands for legislation in my Department's area permit and any legislative proposals which may arise therefrom will be announced in the normal way.