I think the point is that the lack of a definition gives the police the ability to act within their discretion.

As for the issue of incompatibility, it is worth noting that, when a declaration of incompatibility is made by the courts, such a declaration is not a strike-down power; it is not a mandate for immediate legislative repeal. It will come as no surprise that we on these Benches believe that there have been too many instances of judicial overreach, as to justify a repeal of the Human Rights Act and withdrawal from the ECHR. If we cannot prevent unlawful encampments by people with no right to reside on the land, which is, in our view, an absolutely legitimate aim, that is an indication that the Human Rights Act and the ECHR are not fit for purpose.