Minister raises ‘significant concerns’ about Bill to criminalise buying sex

The Scottish Government supports the principle of criminalising those who buy sex – but community safety minister Siobhian Brown said there are “significant concerns” about proposed legislation to achieve it.

Independent MSP Ash Regan has put forward a member’s Bill at Holyrood which, if passed, would see those convicted of buying sex fined up to £10,000 or face jail.

Giving evidence on the Prostitution (Offences and Support) (Scotland) Bill, Ms Brown said there are “significant policy and operational challenges” with the proposals as currently set out, and “substantial amendments” are needed.

As well as criminalising the buying of sex, Ms Regan’s Bill also proposes to repeal the existing offence of loitering, soliciting or importuning in a public place for the purposes of prostitution.

People found guilty of this offence in the past would have their convictions quashed by the legislation, which would also give rights of support to those trying to leave prostitution.

Ms Brown stressed the Scottish Government is currently taking a “neutral stance” towards the Bill.

But she told Holyrood’s Criminal Justice Committee, which is scrutinising the legislation, that ministers “strongly support the principal of legislating to criminalise purchasers of sex”.

She said: “This must be achieved in a way that the safety of women is paramount,” adding “concerns” have already been raised that the legislation could effectively force prostitution underground.

“I have heard genuine fear from women who are involved in prostitution at the moment that they will become more endangered,” Ms Brown said.

Criminalising the buying of sex is not a “silver bullet”, she added, telling MSPs: “Legislation alone will not address the fundamental reasons why women turn to prostitution in the first place.”

While some countries have made it a crime to pay for sex, Ms Brown said there are “conflicting views” on how successful this approach has been.

The minister added: “In my personal view there is still a lot of work to be done.

“The Scottish Government is not against the criminalising of the purchase of sex but we need to get it right and I can’t see anywhere in the world at the moment that is doing it right.”

She went on to state that the right to support set out in the Bill “is not well defined” or fully costed.

Ms Brown also raised concerns about the cost of quashing past convictions, saying doing so for those wrongly convicted in the Post Office Horizon IT scandal had cost £4,000 per person.

She noted there are “around 10,600” previous convictions for prostitution that would have to be overturned under the proposed legislation.

Ms Brown also said that unlike the Horizon convictions, Ms Regan’s Bill would quash “legally sound convictions” – adding this would be “unprecedented in recent Scottish history”.

Overall, the minister said: “I am extremely concerned there are significant policy and operational challenges with the Bill as drafted and there is a need for substantial amendments to address them.”

With Holyrood only expected to sit until March next year in the run-up to the Scottish Parliament election in May, Ms Brown added: “I’m also concerned there may not be enough time left to develop the amendments needed to deliver competent, safe and workable legislation that we can all agree on and have confidence in.”

Ms Regan urged the minister to work with her to improve the legislation, saying the proposed changes will help combat violence against women.

The independent MSP, herself a former Scottish Government minister, insisted: “Surely this is a good opportunity with this Bill for the Government to work with me to support me to get this Bill into law so we can address this violence that is going on.”

Meanwhile, polling released by Ms Regan shows 88% of people believe prostitution should never be a career choice.

Speaking about this, Agnes Tolmie, the chairwoman of the Scottish Women’s Convention, said: “Prostitution is not a job.

“The Scottish Government must come out on the side of those that want to make Scotland a safer place for women – not on the side of those that will continue to profit from the exploitation of women.”

Ms Regan added: “Prostitution is a form of violence against women. That’s not just the opinion of supporters of my Bill, it is the view of the Scottish Government, Cosla and the United Nations special rapporteur on violence against women and girls.

“The public agree that stronger laws are needed and it’s now time to deliver.”