POLICE Scotland have backed Ash Regan’s plan to criminalise buying sex.
The single force supports a clampdown on “exploitation” and has also thrown its weight behind proposals to decriminalise the selling of sex.
Alba MSP Ash Regan’s bill would make buying sex a criminal offence, with those convicted facing fines of up to £10,000 and a possible jail sentence.
If it becomes law it would also 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.
Some sex worker groups, however, have warned that the legislation would put them in more danger by pushing the industry underground.
The approach is also opposed by human rights organisations like Human Rights Watch and Amnesty International.
In their response to the bill, the Specialist Crime Division of Police Scotland wrote: “Police Scotland are fully supportive that buying sex is a form of exploitation and should be covered by law.”
A spokesperson for the force confirmed this means they support criminalising sex buying.
Regan’s bill also proposes to repeal parts of decades-old legislation that criminalises prostitutes for “loitering, soliciting or importuning in a public place”.
The police said they are “fully supportive” of Ash Regan’s proposal in this area: “We understand that people sell sex for a number of reasons and that some will need to sell sex in order to survive.
“We understand that the majority of those that sell sex can be very vulnerable and most at risk of violence and therefore should be signposted for support, if required, rather than being criminalised.”
In regard to Regan’s proposal to quash historic convictions, they wrote: “We understand that people who have convictions under s46 [the relevant law] can be impacted in a number of negative ways, including securing employment. This can be counterproductive in trying to assist people who are ready and looking to exit from prostitution.”
Welcoming the police support, Regan said: “Police Scotland’s unequivocal support for criminalising the purchase of sex, core to my Unbuyable Bill, is a landmark moment in Scotland’s efforts to tackle commercial sexual exploitation.
“Their response confirms what survivors, women’s organisations and international evidence have long told us: buying sex is a form of exploitation and must be criminalised. I particularly welcome Police Scotland’s recognition that those exploited in prostitution are among the most vulnerable in society and should be supported to recover, not criminalised. Their full support for quashing historic convictions and placing a statutory duty on ministers to provide support shows a clear understanding of the urgent need for this Bill.
She added: “Police Scotland also highlighted the dangerous gap in the law when it comes to policing off-street sexual exploitation that my Unbuyable Bill directly addresses. Weak and inconsistent laws do not help the police to keep us safe.
“Only by making it clear that Scotland will no longer tolerate the organised exploitation of the sex trade can our police have the powers they need to protect the vulnerable in prostitution.
“The Scottish Parliament must now listen to the evidence, respect the voices of survivors and act decisively to end the demand that drives prostitution and trafficking. With survivors, frontline services, international precedent and now Scotland’s police force behind this Bill, the case for change could not be stronger.”
The bill hasn't received unanimous support, however.
The Public and Commercial Services Union, which represents more than 25,000 Scottish civil servants, 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).”
