Scottish Government refuses support for Ash Regan’s prostitution bill

The Scottish Government will not support Ash Regan’s bill to criminal the purchase of sex, it has been confirmed.

Victims and communities minister Siobhian Brown said that while ministers agreed with the principle behind the bill, there were “significant concerns” over its detail.

She warned that as drafted, the Prostitution (Offences and Support) (Scotland) Bill would lead to women being put “at a higher risk of violence”.

In a letter to the parliament’s Criminal Justice Committee, which has been scrutinising the bill, Brown added: “With only weeks left in this parliamentary term, we do not think there is sufficient time left in this session to be able to amend the bill to properly mitigate that risk as well as make other very necessary changes.

“Consequently, we are regretfully unable to support it at stage one.”

However, she confirmed the establishment of an independent commission designed to support the next government after the election to deliver the legislation.

If the SNP wins the election, she confirmed it would bring forward legislation “as early as possible in the next session” to criminalise the purchase of sex.

Regan brought forward the member’s bill after becoming dissatisfied with the speed at which the government was progressing the matter.

She had been working on such legislation when she was community safety minister, before she quit the SNP.

The Scottish Government’s stance is that prostitution is a form of violence against women, with its strategy pledging to take forward “a series of policy actions to tackle misogynistic behaviours in society, this includes prostitution”.

Currently, those selling sex can be prosecuted for crimes like soliciting and brothel keeping, but the exchange of sexual services for pay is not illegal. 

Regan’s bill aims to create a new offence of paying for sex and repeal the existing offence of soliciting or importuning by prostitutes.

Brown said the government was concerned about the enforceability of the new criminal offence, while further consultation of the “sensitivities and complexities” of repeal was necessary.

A proposal on quashing historic convictions is not supported by the government “as this would encroach on the role of the independent criminal courts”, she said.

There were also concerns about the cost of implementing the bill.

The Criminal Justice Committee published its stage one report on the bill last month, also highlighting that “substantial amendment is required”.

It was split on whether to recommend MSPs back the bill’s general principles, with half of the committee members agreeing it should move to stage two while half voted against that.

MSPs will vote on the bill tomorrow, but without the SNP’s support it is unlikely to pass. However, some SNP MSPs do intend to vote in favour.

Labour and the Conservatives are expected to vote in favour, while the Greens will vote against.