Swinney considering backing Ash Regan’s Bill to criminalise sex-buying

The Scottish Government is “giving consideration” to whether it will support a Bill which would criminalise those who buy sex, John Swinney said.

The First Minister spoke out after Scotland’s Catholic Bishops urged him to show “leadership” by backing legislation which has been brought forward by independent MSP Ash Regan.

Her so-called “Unbuyable” Bill represents a “vital step toward protecting some of the most vulnerable individuals in our society”, the Bishops’ Conference of Scotland said.

It added that the proposals, which include a requirement to provide support for those involved in the sex trade and those who have left it, would also help with “addressing the systemic harms associated with prostitution in Scotland”.

In a letter to Mr Swinney, Bishop John Keenan, president of the Bishops’ Conference of Scotland, called on the Scottish Government to back the Prostitution (Offences and Support) (Scotland) Bill.

Bishop Keenan said: “I believe Scotland has an important opportunity to demonstrate leadership in the protection of vulnerable women and girls, the prevention of trafficking, and the promotion of equality.”

The legislation, which faces a key vote at Holyrood, criminalises those buying sex, with fines of up to £10,000 or prison sentences proposed for those convicted, while decriminalising those selling it.

In addition, if passed by Holyrood, the Bill would repeal the existing offence under section 46 of the Civic Government (Scotland) Act 1982 of loitering, soliciting or importuning in a public place for the purposes of prostitution, which has been used to prosecute those selling sexual services as part of street prostitution.

It also proposes that those who have been convicted of this offence in the past have their convictions quashed.

This step alone would “remove a significant barrier that has prevented many from rebuilding their lives”, Bishop Keenan said.

He told Mr Swinney that the Bill’s “core purpose” to reduce prostitution was “both compelling and necessary”.

Bishop Keenan said: “By criminalising buyers rather than sellers, it shifts responsibility on to those who fuel the market for commercial sexual exploitation, and away from those – overwhelmingly women and girls – who have endured abuse, violence, and coercion throughout their involvement in prostitution.

“This approach aligns with Scotland’s broader commitment to addressing violence against women and girls, and it upholds the principle that no individual should be punished for their own exploitation.”

Adding that a “disproportionate number” of those involved in prostitution have “experienced childhood sexual abuse, time in care, grooming, and other forms of trauma”, he said the Bill would also “crucially” bring in a new statutory right to support.

Community safety minister Siobhian Brown has already made clear that while the Scottish Government supports the principle of criminalising those who buy sex it has “significant concerns” about the proposed legislation.

Ms Brown told MSPs in November that there are “significant policy and operational challenges” with the Bill as currently drafted and “substantial amendments” are needed.

Holyrood’s Criminal Justice Committee, which has been scrutinising the proposals, meanwhile, was split over whether the Bill should become law.

Four MSPs on the committee backed the proposals – although they stressed changes are needed to the Bill – although the four SNP MSPs opposed the legislation.

Asked if the Scottish Government would back the legislation, Mr Swinney told journalists: “We’re giving consideration to our stance on the Bill.”

He said: “The Government’s view is men should not be able to buy sex, so we agree with that principle.

“The question is always more complicated because it is then how do you do it, that is what we’re looking at it.

“It is not just about the principle, it is is the Bill in the right place to do what it is intended to do, and that is what we’re looking at.”