Chamber and committees

I share the passion and the drive that have been clearly evident from all of today’s contributions. This is self-evidently a complex and sensitive issue that needs to be addressed in a way that everyone can agree on, particularly women who are involved in prostitution. Ms Regan and other members have spoken in defence of the bill, but we cannot ignore the voices of women involved in prostitution who have said that they will be at risk of violence and harm if it is passed.

That has not been our argument whatsoever.

I support the committee’s recommendation to establish an independent commission on the issue, because, importantly, that will allow for further engagement with women who are currently involved in selling sex and offer an opportunity to hear from those with technical experience on how best to respond to online exploitation, specifically in relation to the support that women need. There is currently no detail in the bill on that and, if it were to progress, we would have no time to consult or engage with women in prostitution at the moment.

Further work is also clearly needed to ensure that future legislation is deliverable for the police. I am sure that many members will be aware of the concerns that Police Scotland raised yesterday about operational costs that could arise as a result of the bill. In relation to what Fergus Ewing said regarding yesterday’s announcement from Police Scotland, I highlight that that was the first time that I had seen those figures, but I am told that that was in response to a question that Ms Dowey from the Conservatives asked in the committee’s meeting on 5 November last year.

We have also heard about the issues with the bill as drafted relating to the definition of the criminal aspect in the bill and to enforcement. For example, in its briefing to MSPs, the Law Society of Scotland, which does not take a position on any of the bill’s policy intentions, states that it envisages that

“the behaviours excluded from the scope of the proposed offence may lead to confusion”,

and it agrees with the committee’s stage 1 recommendation that any new proposed offence should

“have a clear definition consistent with current legislation and the policy intentions of the Bill.”

I will reflect on some of the contributions from members. I appreciate that the issue is very emotive, but I feel that some members have been very disingenuous in relation to some of the facts that they have portrayed. Liam Kerr, you referred to the Victims, Witnesses, and Justice Reform (Scotland) Bill as one of the reasons for having time for all these amendments—

That bill was introduced in June 2023, but it was late last year when it was finally passed, so that process took more than two years. There are also more than a dozen bills to get through in the next 22 sitting days.

Pauline McNeill, I will address some of the things that you highlighted.

I cannot and will not dismiss that clear concern for women’s safety that the committee has heard, which MSPs have reflected on today and which several stakeholders have outlined in their briefings. That concern needs to be at the forefront of our minds today, which is why the Scottish Government cannot support the bill stage 1.

I am sorry—I do not have any time for interventions.

I have noted that. I was addressing some of the comments from other members, not all comments. I do apologise. It was not meant for that member.

In my opening speech, I was going to mention operation begonia and a Crimestoppers campaign on commercial sexual exploitation that will be launched on 23 February. We have also funded the development of a resource to support police training that will be introduced this year. During its committee evidence, Police Scotland highlighted the importance of local support and how it will go hand in hand with its work. The new resource will build on the work that we have been undertaking with Police Scotland to strengthen the connections between police and local support services.

Next month, as part of our wider work to improve support, we will also launch an employability and training guide for women who are looking to exit prostitution. As I said earlier, there is £400,000 in our draft budget to provide support in this area, with a further £65,000 being provided to the women’s support project to support women exiting prostitution.

I commend Ash Regan for ensuring that the Parliament has recognised the need to change the legislation around prostitution and the majority agrees with the fundamental principle of criminalising the purchase of sex. However, we have also heard about significant concerns with the bill that would take time to address. Time is not available in this parliamentary session.

I am sorry, but I do not think that that is at all an accurate reflection from Ms Regan—absolutely not. [Interruption.]

As I have said throughout, the bill has reinforced the clear and unequivocal position that prostitution is violence against women and girls. [Interruption.] It is the Scottish Government’s view, as set out in our equally safe strategy, that men should not be able to purchase sex—quite simply, women are not for sale.

I thank the committee for its scrutiny, which has been thoughtful and considered. I am also grateful to all those who have provided evidence and those who have written to and met me. I recognise that sharing personal experiences can be hard, and I am grateful to them for doing so.

I am sorry, but we did not have the official support for a shadow bill team on this particular bill.

The committee’s report clearly outlines the differing perspectives on the bill and offers a clear route map that should, I agree, lead to informed and deliverable next steps. Those next steps need to reflect and respond to how commercial sexual exploitation is taking place now, in 2026, and how the challenges of online activity—

Sorry, Presiding Officer.

You mentioned the evolving landscape—

One of the issues is that it is a reserved matter. However, as I think that Police Scotland told the committee in its evidence sessions, online activity is a huge issue in prostitution these days, and it needs to be able to enforce any legislation that goes through. Even though it is a reserved matter, therefore, we need to put it all in context as we move forward.

The next steps that we take need to reflect and respond to how commercial sexual exploitation is taking place now, in 2026, and to ensure that the challenges of online activity, which did not exist when the Nordic model was first introduced, can be addressed. That is why the Scottish Government welcomes and supports the committee’s recommendation that an independent commission be established to consider those issues, with a clear remit and timescale for reporting.

I will outline three steps that the Government will take on the committee’s recommendations. First, I have instructed officials to start work immediately on the establishment of a commission so that options are available for the responsible minister in the next Government. Those will be ready on their first day so that the next Government—as this Government will do if it is returned—can establish a commission at pace.