Scottish Government's 'serious concerns' about proposals to overhaul prostitution law
The Scottish Government says it supports the principle of criminalising the buying of sex, but has concerns about the Bill MSPs are considering
The Scottish Government says it has “significant concerns” about proposals to overhaul prostitution law in Scotland.
Community Safety Minister Siobhian Brown said the government supported the general principles of Ash Regan’s Prostitution (Offences and Support) (Scotland) Bill, but there remained “significant policy and operational challenges” with the legislation.
Ms Regan wants to introduce what is known as the Nordic model to Scotland. This would decriminalise the selling of sex and criminalise the buying of sex, as well as introducing more measures to help women exit prostitution.
Neighbouring countries such as Norway, Sweden, Iceland, France, Ireland and Northern Ireland have all introduced the Nordic model.
Ms Regan’s Bill also includes measures to quash those convicted under existing prostitution law.
The Scottish Government has previously said it recognises prostitution as a form of violence against women, which matches the rhetoric from those who support the Nordic model. Police Scotland’s Operation Begonia, which was piloted in Aberdeen and rolled out in Glasgow and Dundee earlier this year, also aimed to charge those attempting to buy sex.
However, Ms Brown has told Holyrood’s criminal justice committee on Wednesday the government is taking a “neutral stance” on Ms Regan’s Bill.
She said “[Ministers] strongly support the principle of legislating to criminalise purchasers of sex”. But she said the legislation being proposed could push the selling of sex underground.
“I have heard genuine fear from women who are involved in prostitution at the moment that they will become more endangered,” she said.
“Legislation alone will not address the fundamental reasons why women turn to prostitution in the first place.”
She 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 also said the Bill “is not well defined” or fully costed, and raised concerns over the potential cost of quashing convictions. There are around 10,600 previous prostitution convictions which could be overturned if this Bill passes.
Ms Brown added: “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.”
Speaking after the committee, Ms Regan welcomed the Scottish Government's support for the Bill’s principles. She said she would now work with government ministers and backbench MSPs to produce a final Bill that would “command a majority of support across Parliament”.
“I very much welcome the support of the Scottish Government to the principle of criminalising the purchase of sex in Scotland,” she said.
“Prostitution is a form of violence against women. That’s not just the opinion of supporters of my Bill, it is the view of [council umbrella body] Cosla, the UN special rapporteur on violence against women and girls, and that of the Scottish Government as reiterated today.
“The minister laid out the government’s commitment to tackling sexual exploitation, a position I believe is shared by a majority of members in the Scottish Parliament.
“I will work with the Scottish Government and MSPs across Parliament to ensure we can pass stronger laws that the public agree are needed.”
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