In context: Proposed Prostitution (Offences and Support) (Scotland) Bill

What is it about?

The bill, introduced by Alba MSP Ash Regan, aims to outlaw paying for sexual services in Scotland.

Her proposals are based on the Nordic model, which looks to criminalise those who buy sex and decriminalise those who sell it. It argues that no one willingly consents to become a sex worker but is forced to by personal circumstances such as poverty.

If passed, the bill would also repeal section 46 of the Civic Government (Scotland) Act 1982, the offence of soliciting in a public place. It would seek to expunge previous convictions under this law and give those in prostitution the legal right to support.

Ahead of introducing her bill to parliament, Regan described prostitution as a “system of commercial sexual exploitation”.

What penalties does it propose?

Those who are found guilty of paying for sex could be fined up to £10,000 or sentenced up to six months in jail.

Hasn’t Regan tried to introduce the bill before?

Kind of.

She had planned to introduce the proposals while she was still a member of the SNP but told Holyrood in an exclusive interview that she believed her plans didn’t progress in fear of a lack of support from the Greens – with whom the SNP was in government at the time under the Bute House Agreement.

But isn’t prostitution banned already?

Not really. Currently, soliciting in public, kerb crawling and running a brothel are all illegal in Scotland. However, there is no ban on the sale and purchase of sex, or on running online pimping websites.

Who backs the bill?

Regan was able to lodge her bill after securing support from 24 MSPs across various parties. SNP MSP Fergus Ewing, Tory deputy leader Rachael Hamilton and Labour MSP Claire Baker were among those in favour of the proposals. However, no Lib Dem or Green MSP backed the reforms.

What do people think?

The public seems to be split on the matter. A consultation showed most respondents backed the proposals, with at least seven in 10 being partially supportive of the bill, compared to outright opposition which stood at 22 per cent. 

However, polling carried out by YouGov showed otherwise. Of more than 1,000 Scottish adults surveyed, 47 per cent agreed it should be legal for a person to pay someone to have sex with them, in contrast to 32 per cent who said it should be illegal.  In addition, a majority – seven in 10 – believed ministers should focus on improving the health and safety of workers rather than on prostitution law reform, which less than two in 10 supported.

What about sex workers?

The bill has caused stark division. Some sex workers claim the bill would put them at risk, as it would push the sector to operate illegally, exposing them to more violence and poverty. A spokesperson for the Scotland for Decrim campaign, set up to oppose the proposed legislation, said it would be “disastrous for sex workers’ safety”, instead calling for a full decriminalisation of the industry.

They said: “Criminalising clients does not solve the reasons why people go into sex work: because of financial need, caring responsibilities, disability, or simply preferring this work to other kinds of work.”

However, others have welcomed the proposals. Diane Martin, chair of A Model for Scotland, an alliance of campaigners that supports women experiencing sexual exploitation, said change was “long overdue”.

Do other countries have the model in place?

Yes, Sweden was the first country to introduce it in 1999. Since then multiple other countries have followed suit, including France, Norway, Finland, Iceland, Ireland and Northern Ireland.

Did it help them tackle the demand for prostitution?

An evaluation by the Swedish government showed that street prostitution had halved by 2008, nine years after the introduction of the law. Similarly, in 2014 a review of the Norwegian legislation found “no clear evidence of more violence against women in the street market after the introduction of the law”.

However, other results haven’t been as promising. Research conducted by Queen’s University Belfast in 2019 found the law had minimal impact on reducing the demand for sexual services in Northern Ireland.

Similarly, a 2022 report by the London School of Economics found the model left sex workers “ever more vulnerable” to exploitation. The research, which included interviews with more than 200 workers across Finland, Norway and Sweden, revealed the legislation forced people in the industry into dangerous situations to prioritise the safety of their clients.     

What’s next?

The bill is currently at stage one, under examination from the Criminal Justice Committee. However, Regan hopes to pass it before parliament breaks off in May 2026.