Scottish Parliament Committee sets out its views on the general principles of the Prostitution (Offences and Support) (Scotland) Bill

The Bill, introduced by Ash Regan MSP, aims to create a new criminal offence of paying for a sexual act. The Committee acknowledges the strongly held views both for and against this key proposal in the Bill and says its decision on whether to back the general principles has been made extremely difficult as the evidence is contested.

The Committee unanimously views prostitution as a form of violence against women and children and says its primary concern is about the impact of the Bill on their safety. The Committee supports the goal of reducing the prevalence of prostitution and says that whilst some may choose to work in this profession, prostitution can cause untold harm and misery.

Some Members of the Committee recommend that the general principles of the Bill be agreed to although they believe substantial amendment is required, given the unacceptability of the status quo. This includes the damage caused by the lucrative and exploitative global sex trade; the prevalence of violence against women and girls, and sexism and misogyny in society, and the lack of support currently available to those seeking to exit prostitution and the considerable evidence from other jurisdictions who have reformed the law in this area in recent decades. They believe that the proposed amendments to the Bill should be scrutinised and that it would be wrong to curtail the debate given the failure to legislate to reform the law over many years.

Other Members highlighted that there may be unintended consequences for the safety of women involved in prostitution if the buying of sex is criminalised. They are not only concerned that there has been limited time to explore those concerns fully thus far, but also believe that there is insufficient time to consult on and make any necessary changes to the Bill between now and the end of the Parliamentary session. They are therefore of the view that the Bill should not proceed beyond Stage 1.

The Committee says the proposal in the Bill to repeal the offence of soliciting has widespread support from stakeholders although it recognises that the Scottish Government has said further consultation is needed on this subject. If the Bill passes Stage 1, the Committee is calling on the Member in Charge to meet with the Government to see if their concerns could be addressed through amendment at Stage 2.

On the proposal to quash convictions, the Committee says it understands the policy intention behind this proposal but heard evidence that an alternative approach based around pardons was preferrable. The Committee notes the Member in Charge of the Bill’s commitment to bring forward amendments on this part of the Bill, should it proceed to Stage 2.

The Committee agrees with the policy intention in the Bill that individuals who are, or have been, involved in prostitution should receive assistance and support, but is concerned about how this will be funded. The Committee is strongly recommending that regardless of whether this Bill is passed or not, more support should be given to women and girls involved in prostitution, or who have left or are considering leaving.

The Committee agrees there is an urgent need to reduce the harm being caused to many of those involved in prostitution and address wider issues such as human trafficking and the prevention of violence against women and girls. In the event that the Bill falls, they hope the next session of Parliament sees the introduction of new proposals with potential new legislation informed by further consultation on how this should be achieved. The Committee also makes a recommendation for the establishment an independent commission and how this might work should the Bill not succeed this session.

Following publication of the report Criminal Justice Committee Convener, Audrey Nicoll MSP, said:

“Our key concern when considering this Bill is will it make women and girls safer and while every Committee Member recognises the harms of prostitution and supports the goal of reducing its prevalence, our Committee is unable to achieve consensus on whether this Bill will achieve that.

“The conflicting evidence we have heard on the impact of this Bill has made our decision on whether to back it extremely difficult, and the differing positions of Committee members show that each of us has considered their position in great detail.

“Given the evidence is not definitive and is highly contested, each Committee Member has had to make a judgement as to where the balance of evidence lies and which lines of argument appear to us to be the most persuasive.

“All Members of the Committee agree with the urgency for action to reduce harms and to support those involved in prostitution, and that more must be done to address wider issues such as human trafficking and the prevention of violence against women and girls.”

The Convener added:

“It will now be for each MSP across the Parliament to consider the evidence and conclusions in our report and to decide whether or not they will back this Bill at Stage 1.

“Thank you to everyone who has given evidence to our Committee, particularly those with lived experience whose voices and unique experiences were vital in aiding our scrutiny.”

Other findings in the report:

• The Committee is concerned over whether the new criminal offence proposed in the Bill can adequately be enforced. Evidence gathered by the Committee highlights 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 are reluctant to give evidence.
• The Committee is also seeking clarity around the definition of a ‘sexual act’ in the Bill, with the Committee saying the definition must be consistent with other laws. It welcomes the Member in Charge of the Bill’s commitment to revisit this should the Bill proceed to Stage 2.