Holyrood committee split on prostitution Bill as concerns raised

A Holyrood committee is split on a new Bill which would criminalise the buyers of sex.

Independent MSP Ash Regan introduced the Prostitution (Offences and Support) (Scotland) Bill last year, proposing to make it illegal for a person to buy sex in all circumstances, while also repealing solicitation offences for those selling sex.

Buyers could face prison time or a fine of up to £10,000, under the proposals.

But Holyrood’s Criminal Justice Committee is split down the middle on the legislation, with four backing it at stage one – though acknowledging serious changes are needed – and the remaining four, all of whom are SNP MSPs, rejecting it.

Katy Clark, Sharon Dowey, Liam Kerr and Pauline McNeill backed the legislation moving to the next stage to allow for the debate to continue.

Convener Audrey Nicoll, Fulton McGregor, Rona Mackay and Jamie Hepburn opposed the legislation.

But all of the members of the committee said prostitution can “cause untold harm and misery for many of those involved” and, if the legislation should fail, the next Scottish Parliament should seek to reform the law to benefit the – mainly female – people who sell sex.

Those who backed the Bill said it would be “wrong to curtail the debate” on the issue and hope to see it through to stage two, while those opposed said evidence the legislation could harm women “cannot be ignored” and there is not enough time in the parliamentary session to make necessary changes.

The report said: “The challenge we have faced is that much of the evidence in this policy area is highly contested.

“Those on both sides of the debate about criminalisation of the buyer have pointed to studies and research which they say supports their respective positions. Different lessons have been drawn from the experience overseas.

“All this has made our job much more difficult. We are left in a situation where the evidence as to the anticipated impact of section one is not definitive and is highly contested.

“As such, we have had to make a judgment as to where the balance of evidence lies and which lines of argument appear to us to be the most persuasive.

“We also acknowledge that some of the evidence which has been presented indicates that an approach which criminalises the buyer of sexual services could act as a deterrent and reduce the overall demand for prostitution. Other evidence has been less clear that it will have this desired effect.”

The committee also has concerns over whether the proposed offence can be adequately enforced.

“In evidence, we heard about the challenges in both policing and prosecuting an offence which invariably takes place in private, may be arranged online, and may involve very vulnerable individuals who may be required and reluctant to give evidence to secure a conviction,” the report said.

“We acknowledge the challenges identified in terms of the practical application of the proposed offence, however we accept that these challenges need not, in themselves, rule out legislating in this area.

“Many serious offences are difficult to police and prosecute.

“But nonetheless we are concerned that evidential challenges during the investigation and prosecution of the new criminal offence being proposed in this Bill as it is drafted could frustrate the stated objectives of the member in charge.”

They are also concerned the Bill may not reduce demand and would have the effect of driving prostitution “underground”.

The MSPs questioned if there is enough time before the next election to pass the required amendments and have a final vote.

If the Bill does fall, the report said, the committee recommends legislation is picked up in the next Holyrood session and an independent commission is formed to look at the sex trade, including the support for those in prostitution and seeking to leave it.

Ms Regan responded to the committee’s split views on her Bill, saying: “There is no consensus against the legislation; on the contrary, my ‘Unbuyable’ Bill has attracted strong and serious support from across the Parliament, including from SNP MSPs.

“Cross-party backing reflects what the Scottish public, women’s organisations, frontline services and survivors have consistently told us: criminalising sex buyers is essential if we are to tackle exploitation and male violence against women and girls.”

She said many justice organisations and campaign groups had backed her Bill, adding: “What the public will be most shocked by is that four of the eight committee members who do not support the principles of my Bill at Stage 1 are members of my former party, the SNP.

“The same SNP that, for years, has gone on record in the Scottish Parliament supporting the principle of criminalising the purchase of sex.

“They have acknowledged the overwhelming evidence that prostitution is driven by inequality, coercion and male demand, and that buyers, not exploited women, must face criminality.

“When I was the minister for community safety, this Bill was in the Government’s own five-year programme for this session. What has changed?”

Ms Regan continued: “In the final weeks of this Parliament, it is time for politicians to stop hiding behind contradiction, process and delay. Anything less than action is rank hypocrisy and failure of both survivors and the next generation to face harm; they deserve better.”