Sex Work in Scotland

A mean minded bid to introduce sweeping new laws criminalising all aspects of prostitution has been defeated in the Scottish Parliament. 

Labour MSP Trish Godman's amendment would have made it an offence to engage in, advertise or facilitate paid-for sexual activity, whether it was on the streets or indoors.

The plan won the support of the committee's three Labour members, but was voted down by its five MSPs from other parties. 

Godman ranted: As I speak, men are buying sex from prostitutes, men are raping women who are trafficked, they have no fear, they will never get caught because it is not an offence. We need to send a strong message that buying sex is not harmless or acceptable, that it should be regarded in Scotland as an abuse and an exploitation which will not tolerated. I would argue that we owe it to all women who are victimised by prostitution to do what we can now.

At present, kerb crawling is illegal in Scotland but prostitution is not, and prostitutes are arrested only if they are suspected of causing a breach of the peace.

The Association of Chief Police Officers Scotland, prostitutes' support agency Scotpep and Independent MSP Margo MacDonald had all warned that the amendment could drive prostitution out of the relative safety of flats and saunas and on to back streets, putting women at greater risk.

Community safety minister Fergus Ewing, who attended the justice committee meeting, said: The government is concerned about making substantial changes to the law in this difficult, complex and sensitive area without proper consideration and consultation, with all the issues involved. Rushing through a major change to the law of prostitution through amendments, without any proper consultation and with very limited time for consideration, is a bad idea.

The amendment was also criticised for being added to the already wide-ranging Criminal Justice and Licensing Bill, and without having had specific consultation on the ramifications of a change in legislation on prostitution.

Ruth Morgan Thomas, of Scotpep, said the amendment would have sought to criminalise an estimated 5,000 women working in the sex industry in Scotland. She also said that a law against facilitating the purchase of sex would potentially lead to receptionists, hotel porters and even taxi drivers being charged and convicted.

A new bill to make prostitution illegal in Scotland is to be put before the Scottish parliament this week.

Labour MSP Rhoda Grant wants to see a bill fast-tracked through Holyrood, claiming it will reduce demand for prostitution by criminalising those who buy sex. She said the proposals could be passed rapidly through the parliamentary process as the previous consultation meant there was no need to repeat this:

Practical, operational, legal, equality and financial considerations have been explored to a sufficient degree to test, develop and refine my specific proposal and enable me to proceed towards the development of a bill. I have continued to liaise with organisations on this topic.

Views expressed to me so far, as part of my on-going engagement with a number of bodies, the public and others with an interest in this proposal, confirm that the views expressed during the formal consultation process have not changed.

Currently kerb crawling, running brothels and soliciting for prostitution are all outlawed in Scotland but it is still legal for an adult to pay another adult for sex without any offence being committed.

The SNP Government says it will give careful consideration to the new proposals after similar plans were rejected two years ago. Former Labour MSP Trish Godman's proposals in the Criminal Justice and Licensing bill were turned down by ministers who feared it would make the problem less visible to the authorities.

Grant, a Highland and Islands list MSP, is essentially taking over the Godman proposals, and will tell Holyrood's justice committee this week that she thinks there is no need to go through the lengthy consultation process that usually accompanies new bills again.

The original bill  met with concerns from the Association of Chief Police Officers in Scotland (ACPOS), which warned that it could drive prostitution off the street and into areas where it is harder to identify vulnerable women and enforce the law. Assistant Chief Constable Iain Livingstone told MSPs on the justice committee he was not looking for additional powers in this area.

A Scottish Government spokesperson said: Prostitution damages the individuals caught up in selling sex and the communities involved. It is a complex issue which requires careful consideration to ensure that any additional measures which may be required to be put in place are necessary, practicable and sustainable. We will give careful consideration to any bill which Rhoda Grant brings forward on this matter.

Update: Fast track derailed

20th June  2012.  From  scotsman.com

Rhoda Grant is to press ahead with her selfish plans to criminalise prostitution in Scotland but her attempt to fast-track new legislation through parliament was blocked..

Holyrood's justice committee ruled that a 12-week consultation on the measures, which would make it an offence for someone to purchase sex from another adult, must be carried out by Highlands and Islands MSP Rhoda Grant who said:

I look forward to hearing the responses to the further consultation on these proposals.

Overwhelmingly, the feedback that I have received to date makes clear that reducing the demand for prostitution can be achieved by making the purchasing of sex illegal.

I look forward to the parliament considering more consultation feedback in the coming months and a full debate on my proposals that will protect Scottish women.

Offsite Comment: Making Things Worse

20th June  2012. See  article from  bbc.co.uk

Dr Belinda Brooks-Gordon, from the Department of Psychological Sciences, Birbeck, University of London, has researched and written about the sex industry. She said the Scottish legislation proposal was not supported by any evidence that it would help sex workers.

It's McCarthyism in the bedroom

The prisons are at bursting point so to fill them with people who use prostitutes and to give them a criminal record is lunacy.

It would be a retrograde step and would make things worse.

The people this legislation would most harm are the people they are proposing to help.

She said the best way to protect sex workers was to treat violence against them as a hate crime and build a strong relationship between the police and prostitutes so they felt that if they approached them for help their complaint would be taken seriously

...Read the full article

A proposal to criminalise the purchase of sex has found support according to the results of a public consultation.

Almost 1,000 people responded to Labour MSP Rhoda Grant's plan which she hopes will become law in Scotland. Of the total, 80% favour her ban. Grant claimed:

There has been an excellent response, and I now hope we can use the evidence provided to change society's attitude towards buying and selling sex, thereby protecting vulnerable people.

The primary argument that the demand to buy sex will decrease was acknowledged in the responses of those in favour and against the proposed Bill. This would have a knock-on effect on sex trafficking as Scotland would not be seen as a profitable market by traffickers. This will ultimately mean an overall decrease in the level of prostitution in the country.

Of 953 responses, 758 favoured her approach which is based on legislation in Sweden.

Of the individual responses, 47 are from people who work or worked in the sex industry . One anonymous respondent wrote:

I chose to escort for money. I enjoy it. I do not feel exploited or dehumanised. I feel liberated, excited, expressive, creative and earning good money. I am one of very few people who actually enjoys their job.