THE Crown Office have warned that Ash Regan’s proposed bill to outlaw the purchase of sex would be unenforceable.
Scotland’s prosecution service said police officers would face “evidential barriers” to the proposed legislation.
The Alba MSP’s bill would make buying sex a criminal offence and quash the convictions of prostitutes who have previously been convicted.
The proposals follow the "Nordic Model" approach, which has now been adopted in Sweden, Norway, Iceland, Northern Ireland, Canada, France, Ireland, and most recently, Israel.
But, in a submission to MSPs, the Crown Office and Procurator Fiscal Service (COPFS) has said it is “concerned that the introduction of the proposed new offence will raise expectations there will be more prosecutions of those purchasing sexual acts”.
Citing evidence of the impact of the Nordic Model in Northern Ireland and Ireland – where both governments have accepted it has failed to reduce the demand for sexual services – the Crown Office said it was “mindful of the challenges experienced by police and prosecutors in” both countries, and “is concerned that police and prosecutors in Scotland will face similar evidential barriers to enforcing the proposed new offence”.
This comes despite Police Scotland recently backing Regan’s bill.
The COPFS also rejected Regan’s claims that sex workers would not need to be dragged to court to testify against people with whom they had had consensual sex, in order to secure convictions.
The prosecution service wrote: “Ash Regan [said] she does not envisage the use of those exploited by prostitution to give evidence to prove the offence. COPFS can foresee difficulty in proving the accused’s intention in circumstances where the offence takes place ‘off street’ and where there is no admission. In such cases, whilst COPFS would not wish to add to the trauma experienced by those exploited by prostitution, their evidence may be required to prove the accused’s intention.”
The Public and Commercial Services Union, which represents more than 25,000 Scottish civil servants, also said in its evidence it was “not in favour of a proposal that would criminalise paying for a sexual service or act.”
It added: “Criminalising the purchasing of sex or a sexual service or act is at odds with the campaign to decriminalise sex work in the UK, which is supported by a significant proportion of the trade union movement, including University & College Union (UCU), Communication Workers Union (CWU), GMB, Royal College of Nurses (RCN), ASLEF and Equity. These unions collectively represent around 1.5 million workers in the UK.
“Criminalising the purchasing of sexual acts or services pushes workers into working conditions that are more dangerous or precarious, such as working alone or outdoors. It also disincentivises workers from reporting exploitative working conditions and practices, as well as any instances of illegal activity if they witness it (such as sexual violence or human trafficking).”
Lynsey Walton, chief executive of sex worker pressure group National Ugly Mugs, said: “The minister, the Crown Office, and the union representing her officials have all now rejected Ash Regan’s unrealistic claims that criminalising the purchase of sex will stop exploitation. The evidence from Scotland’s own experts, and from other countries, is clear: the Nordic Model makes life more dangerous for sex workers by criminalising their clients and driving the sector underground. MSPs must listen to these warnings and focus on real solutions that prioritise sex workers’ safety.”
