Scottish Government Will Not Back Prostitution Offences Bill
The Scottish government has confirmed it will not support the Prostitution (Offences and Support) (Scotland) Bill, which seeks to criminalise the purchase of sex. The bill, introduced by independent MSP Ash Regan, is unlikely to pass without government endorsement.
Victims and Community Safety Minister Siobhian Brown acknowledged the government's agreement with the bill's fundamental principle but expressed concerns regarding enforcement challenges and the potential increase in violence against sex workers.
Regan has described the bill as a measure that would bring about
"transformative progress in tackling male violence against women and girls".
Current Legal Context and Proposed Changes
In Scotland, certain activities related to prostitution such as soliciting in public, "kerb crawling," and brothel-keeping are illegal. However, paying for sex and arranging sexual services online remain lawful.
The bill proposes creating a new offence criminalising the purchase of sex while repealing the existing offence of soliciting or importuning by prostitutes.
MSPs are scheduled to vote on the bill's general principles on Tuesday. For the bill to become law, it must successfully pass two additional stages of parliamentary scrutiny.
Although a small number of SNP MSPs are anticipated to rebel and support the bill, it is unlikely to pass without the government's backing. The Scottish Greens have expressed opposition to the proposals.
Government's Position and Concerns
In correspondence addressed to Holyrood's Criminal Justice Committee, Minister Brown stated:
"The Scottish government has concluded that whilst we support the fundamental principle of criminalising the purchase of sex, we still retain significant concerns with the provisions as drafted in the bill, and are very aware that there are women in prostitution who have said that this bill as drafted will lead to them being at a higher risk of violence.
With only weeks left in this parliamentary term, we do not think there is sufficient time left in this session to be able to amend the bill to properly mitigate that risk as well as make other very necessary changes. Consequently, we are regretfully unable to support it at stage one."
Brown further expressed doubts about the enforceability of the new offence, particularly regarding online activities.
She also committed that ministers would introduce legislation to criminalise paying for sex
"as early as possible"in the next parliamentary term, assuming the SNP remains in government after the May election.
Additionally, the government requires more time to evaluate the consequences of repealing the existing criminal offence related to soliciting.
Reactions from Ash Regan
Responding to the government's decision, Regan emphasised the nature of the upcoming vote:
"The vote is about the principles only.
On a day when the world is recoiling at the Epstein scandal, the government has chosen to side with the abusers against the victims."
