Government’s failure to back prostitution Bill branded ‘absolutely shameful’

It is “absolutely shameful” that the Scottish Government has not backed a Bill that aims to make buying sex a crime, a leading campaigner insisted.

As a director of For Women Scotland, Susan Smith helped take on the Government, with her group securing a landmark victory at the Supreme Court in April 2025.

Now she is urging the Scottish Government to get behind legislation proposed by independent MSP Ash Regan which aims to criminalise those who buy sex from sex workers, with fines of up to £10,000 or prison sentences proposed for those convicted.

Ms Smith insisted the changes in the Bill could do “something real and practical” to help tackle violence against women.

Community safety minister Siobhian Brown has previously told MSPs the Government “strongly supports the principle of legislating to criminalise purchasers of sex” but there are “significant concerns” about Ms Regan’s proposals – with fears raised that if the Bill is passed it could push sex workers underground, potentially putting them at risk of greater harm.

Ms Smith, however, said that “while a lot of people will pay lip service” to issues such as tackling violence against women, “when they are actually pressed to do something real and practical, they are running away from it”.

She added: “The Scottish Government has a unique opportunity to try to put into action what it claims to believe over prostitution and offer support to Ash’s Bill, but instead they are just saying it will need amendments.”

However, she criticised the Scottish Government for not appearing to be “prepared to work on it themselves”, saying it was “almost like they are hoping the clock runs out” on the legislation.

Ms Smith added: “I think that is shameful, it is absolutely shameful.”

Ms Regan said there had been a “striking” level of support for her member’s Bill, with the MSP saying it has the backing of Police Scotland, the Crown Office and Procurator Fiscal Service, specialist women’s organisations, frontline support services, the Scottish public and “critically, survivors of exploitation”.

Referencing the Government’s Equally Safe strategy to tackle violence against women and girls, Ms Regan added: “There is, of course, deep concern that a Government which speaks so often of its commitment to Equally Safe could refuse to act on more than two decades of evidence showing that reducing demand, by placing criminal responsibility on sex buyers who exploit vulnerable women and children, delivers measurable improvements in safety and harm reduction.

“Survivors and colleagues across Parliament have expressed strong support for making what they describe as a small but critical reform to Scotland’s laws on prostitution and exploitation.”

Adding there is “constructive discussion” taking place on the potential for giving MSPs a free vote on her so-called “Unbuyable” Bill, the MSP added: “Women who have survived rape, grooming, trafficking, coercion and other forms of exploitation deserve nothing less than a Parliament willing to debate these issues openly, constructively, and with the seriousness that their experiences demand.”

A Scottish Government spokesperson said: “The victims minister has made it clear that we support the criminalisation of the purchasing of sex.

“This aligns with our Equally Safe strategy which is that prostitution is a form of violence against women and girls.

“This a private member’s Bill, not a Scottish Government Bill and we have provided our views as part of Parliament’s scrutiny, that we believe there are significant challenges with the Bill as drafted, particularly around the safety of women.

“The minister has made clear our views that we believe the Bill will need to be amended significantly if it is to have the confidence of Parliament.