Prostitution (Offences and Support) (Scotland) Bill: Ministerial statement

Good morning Committee

I’ve been watching with very keen interest the evidence sessions that the Committee has gathered while scrutinising Ms Regan’s Prostitution (Offences and Support) (Scotland) Bill. I am therefore pleased to have this opportunity to set out the Scottish Government’s current position on the Bill considering that evidence and I hope you will allow me the time just to do so in the Committee. Thank you.

Whilst we have taken a neutral stance on the Bill and await the Committee’s final report, I want to put on record - and this is the first time the Scottish Government has done so – that we strongly support the principle of legislating to criminalise purchasers of sex. This position aligns with our Equally Safe strategy which is that commercial sexual exploitation is a form of violence against women and girls. 

However, I do have significant concerns with the Bill as it is currently drafted. This Bill if it was to become an Act would create a criminal law, and therefore it must be clear and unambiguous and have the confidence of Parliament. Let me turn to those concerns if I may.

On the criminalisation of purchase, as I said, we are supportive in principle. However, this must be achieved in a way that ensures that the safety of women is paramount. The concerns expressed to the Committee about forcing activity underground, and the subsequent risks to women’s safety, remain an issue that is not adequately addressed by the Bill.

Similarly, the Bill does not take sufficient account of the reality that the gateway for involvement in prostitution is increasingly online, and that there are strong links in many cases with serious and organised crime and human trafficking. The Bill as drafted does not engage with these significant issues and would require amending if it was to gain the confidence of the Parliament.

The right to support proposed under the Bill, and I've said this previously in correspondence, is not well defined, it’s not fully costed and it does not take account of the current provision of services. Again, I would point to the need for clear legislation, particularly to allow for adequate financial memorandums, and the Bill as drafted does not allow for this in its current form, so there needs to be amendments to outline what support is required, so costs can be properly assessed.

I have already made clear why we do not support the quashing of convictions, and our view has not, and it will not, change on that.

Convener, given this, I am extremely concerned that there are significant policy and operational challenges with the Bill as drafted and there is a need for substantial amendments to address them. I am also concerned that there may not be enough parliamentary time left to develop the amendments needed to deliver competent, safe and workable legislation that we can all agree on and have confidence in.

Convener, this is not a Government Bill, and it is for Committee and for the member in charge to decide on how these concerns can be addressed and how to do that.

If this was a Government Bill, at the very minimum to address the clear issues that we have identified with the Bill, we would require significant consultation and engagement with the women impacted by this Bill, justice partners, including Police Scotland, the Crown Office and Procurator Fiscal Service, and wider stakeholders such as COSLA and third sector organisations who provide the support currently.

By way of example, Committee members will be very familiar with the time it was taken to develop the necessary amendments to the Victims, Witnesses, and Justice Reform Bill to address the concerns raised and the Committee’s views.

While acknowledging that Bill was considerably broader, it does highlight that without the time to develop the policy behind the amendments, we would not have had a workable Bill.

Convener, anyone who puts forward a Members’ Bill knows that there is a lot of hard work behind it and I thank Ms Regan for all the work that he has done thus far.

This is a very emotive issue, it’s sensitive, it’s complex and it’s important that we get this right. As elected representatives, we have an obligation to scrutinise all proposed legislation, be it Members’ Bills or Scottish Government Bills, and to address concerns that are raised during the Parliamentary scrutiny process.

The issues with the Bill as drafted cannot be ignored. They must be addressed adequately by the members so that we have a clear, workable Bill to vote on as legislators. I will be interested in the Committee and Ms Regan’s views on how to address the issues that have been raised with the Committee from the Government and stakeholders ahead of Stage 1 debate.

Convener, let me conclude by saying, as has always been reflected in much of the evidence available to the Committee, that legislation alone will not address the fundamental reasons why women turn to prostitution in the first place, and this Government is also tackling those fundamental societal issues within our powers, including the cost of living, addiction, inequality and poverty.

The Scottish Government will continue our work to tackle violence against women, to support women to exit prostitution, to support Police Scotland with their Operation Begonia approach which recognises that those involved in prostitution are victims and signposts them to support to enable them to exit from prostitution should they wish to do so, whilst at the same time tackling kerb-crawling and exploitation. We have been clear this is not the end to our work around commercial sexual exploitation, and we will build on that work using what we have learned.