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Chamber and committees

Official Report: search what was said in Parliament

The Official Report is a written record of public meetings of the Parliament and committees.  

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Dates of parliamentary sessions
  1. Session 1: 12 May 1999 to 31 March 2003
  2. Session 2: 7 May 2003 to 2 April 2007
  3. Session 3: 9 May 2007 to 22 March 2011
  4. Session 4: 11 May 2011 to 23 March 2016
  5. Session 5: 12 May 2016 to 4 May 2021
  6. Current session: 13 May 2021 to 3 April 2026
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Displaying 2636 contributions

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Criminal Justice Committee

Prostitution (Offences and Support) (Scotland) Bill: Stage 1

Meeting date: 19 November 2025

Siobhian Brown

We all recognise that the digital and online landscape is a critical battleground in the fight against commercial sexual exploitation. It is important that the Scottish Government’s approach to that area is adaptive and responds to changes and, at this stage, I do not feel that the bill addresses that.

I think that the committee heard from Police Scotland about how it would work operationally—it had 966,000 calls in one year—and how the police would manage to investigate every single call. As I keep saying, it is very complex, especially the online aspect. There is no magic bullet. The online situation is always evolving and we have to be on top of it.

The regulation of the internet is reserved to the UK Government, but my officials continue to liaise with it on relevant aspects of the Crime and Policing Bill, such as where it could block internet protocol addresses and things like that. Work is on-going between the Scottish Government and the UK Government on how we tackle that. In saying that, we could have a new challenge next week or the week after, but we are continuing to work on this.

Criminal Justice Committee

Prostitution (Offences and Support) (Scotland) Bill: Stage 1

Meeting date: 19 November 2025

Siobhian Brown

We are supportive of the aims of the bill but, as I said, we need more detail. I am concerned about the timeframe. If the bill had been introduced a year earlier, there could have been time to deal with it. However, there are only 16 weeks left in this session. The cabinet secretary’s Victims, Witnesses, and Justice Reform (Scotland) Bill and my Regulation of Legal Services (Scotland) Bill were fully scrutinised. Some 600 amendments were lodged at stage 2 of my bill, and it took a long time to get the bill into a form that could be passed by the Parliament. All I am saying is that the bill that is before us is not a simple piece of legislation. The issues are complex. We are dealing with people’s lives here, and I feel that the bill needs more scrutiny. However, it will be up to the Parliament to decide on that.

Criminal Justice Committee

Prostitution (Offences and Support) (Scotland) Bill: Stage 1

Meeting date: 19 November 2025

Siobhian Brown

Yes, and the Scottish Government will remain neutral ahead of the stage 1 report. We want to hear the committee’s views and recommendations after its evidence sessions, and I am looking forward to listening to the member in charge to see how she is going to address all the issues that have been raised. It is important to listen to all the evidence in order to see how the legislation can be adapted to ensure that it works and gains support. I am happy to consider what the committee recommends.

Criminal Justice Committee

Prostitution (Offences and Support) (Scotland) Bill: Stage 1

Meeting date: 19 November 2025

Siobhian Brown

We have to look at the safety of women, and I have had discussions that potentially—

Criminal Justice Committee

Prostitution (Offences and Support) (Scotland) Bill: Stage 1

Meeting date: 19 November 2025

Siobhian Brown

Yes. As I said in my opening statement, we are supportive of the principle, but it is about how we do it and that we get it right.

Criminal Justice Committee

Prostitution (Offences and Support) (Scotland) Bill: Stage 1

Meeting date: 19 November 2025

Siobhian Brown

Yes.

Criminal Justice Committee

Prostitution (Offences and Support) (Scotland) Bill: Stage 1

Meeting date: 19 November 2025

Siobhian Brown

One reason is that women who currently choose to be involved in prostitution and have clients come to their house can have security in place, so that they can get the client’s identification, passport, credit cards and so on.

Criminal Justice Committee

Prostitution (Offences and Support) (Scotland) Bill: Stage 1

Meeting date: 19 November 2025

Siobhian Brown

Just let me get my point across. If we were to decriminalise the selling of sex, there would be nothing that is against the law, so the police would not have any powers in relation to the purchasers.

Criminal Justice Committee

Prostitution (Offences and Support) (Scotland) Bill: Stage 1

Meeting date: 19 November 2025

Siobhian Brown

We are currently doing our best to ensure that women are kept safe. We will not do anything or roll out anything that puts women in any further danger.

Criminal Justice Committee

Prostitution (Offences and Support) (Scotland) Bill: Stage 1

Meeting date: 19 November 2025

Siobhian Brown

Repealing the offence for selling sex in section 46 of the 1982 act would require further consultation with stakeholders and communities, given the sensitivities and complexities associated with prostitution. In general terms, a conviction for a section 46 offence is generally spent within a year at most, and it is not included in conviction information on any level of disclosure when it has been spent. I have a lot of detail on when a conviction can go into disclosure; I do not know if the committee is interested in me verbalising that, or perhaps sending it on.