Sex Work in Scotland

Bills to ban and to decriminalise sex work


21st April
2010
  

Major Legislation without Consultation...

Scottish amendment to criminalise buyers of sex voted out

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.

 

 

Updated: Egotist and Moralist...

MSP aims to push for a rapid ban on buying sex in Scotland and claims that there is simply no need for public debate of the proposal because she is right


Link Here20th June 2012
Full story: Sex Work in Scotland...Bills to ban and to decriminalise sex work

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

 

 

Update: Miserable Scotland...

Rhoda Grants claims support for her gender jihad against men who pay for sex


Link Here31st May 2013
Full story: Sex Work in Scotland...Bills to ban and to decriminalise sex work

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.

 

 

Update: Moralists Thwarted...

Scottish Parliament decides that its latest trafficking bill is not the right vehicle for the criminialisation of paying for sex


Link Here12th May 2015
Full story: Sex Work in Scotland...Bills to ban and to decriminalise sex work
Legislation to tackle human trafficking and better protect its victims will be debated by MSPs. The Human Trafficking and Exploitation Bill was brought forward by the Scottish Government to strengthen existing criminal law against the practice and enhance the status of and support for victims.

Moralist campaigners inevitably called for the buying of sex to be criminalised as part of the legislation. Churches and Christian organisations proclaimed that the Bill offers a golden opportunity to make the purchase of sex illegal.

But others such as Amnesty argue that conflating human trafficking and prostitution within one piece of legislation will not do justice to either issue.

Justice secretary Michael Matheson said earlier this year that he would meet campaigners on both sides before the Scottish Government comes to a final position on the matter. But after taking evidence from a range of groups and organisations, the committee concluded the legislation was not the right vehicle for addressing the issue of criminalising the buying of sex.

 

 

Update: Scottish government asked to resolve the problem of some men's lack of sex?...

Glasgow councillors urge government to tackle the root cause of prostitution


Link Here15th May 2015
Full story: Sex Work in Scotland...Bills to ban and to decriminalise sex work

Glasgow City Council has long been a hotbed of PC extremists who advocate that jailing men and destroying their families is a price worth paying so that councillors can feel good about their 'equality'.

Councillor James Coleman has called upon Justice Minister Michael Matheson to make a public commitment to target and challenge men's demand for paid-for sexual services. He said:

We support the current Human Trafficking and Exploitation (Scotland) Bill but believe it is limited by the fact it does not adequately address the cause of commercial sexual exploitation.

We are also fully supportive of the Scottish Government's 'Equally Safe' strategy, which recognises prostitution and trafficking as forms of commercial sexual exploitation that ultimately harm women.

The city council agreed to call upon the Justice Minister to address the issue of demand, and to introduce comprehensive legislation in Scotland to criminalise the purchase of sex and to decriminalise and support those exploited through prostitution. The motion, which was seconded by SNP group leader Susan Aitken, was agreed at a meeting of the full council.

 

 

Update: A safe pair of hands...

Independent Scottish MSP proposes a member's bill to promote sex worker safety and the decriminalisation of prostitution


Link Here8th September 2015
Full story: Sex Work in Scotland...Bills to ban and to decriminalise sex work
Proposals to decriminalise prostitution and pave the way for legal brothels have been put forward at Holyrood.

The plans include allowing more than one prostitute to work from the same premises and giving sex workers more employment rights in the workplace. It is based on New Zealand's arrangement for legal prostitution.

Independent Highlands and Islands MSP Jean Urquhart said:

Sex workers have been systematically ignored while laws which expose them to violence and stigma have been preserved or extended.

These proposals take on board not only the experience and concerns of sex workers, but also reflect a growing international consensus that what sex workers most need is safety and labour rights, not the risks which come from criminalisation. Human rights

Nadine Stott, co-chairwoman of sex worker rights charity Scot-Pep, said:

The purchase and sale of sex is currently legal, but in general, the law prevents sex workers from being able to work safely, and that must end.

There is no reason why sex work should only be permissible if a single person works alone in their flat, for example. That law leaves sex workers vulnerable to violence and exploitation, as do the current laws on street-based sex work, which also seriously hamper sex workers' ability to move on to other work.

Dr Marsha Scott, Scottish Women's Aid chief executive, said:

Fundamentally, we would welcome any proposals that make women - and anyone involved in prostitution - safer, healthier, and more likely to enjoy a full range of human rights.

We believe that giving them access to safety, protection, healthcare and support, as well as economic independence are of paramount importance.

IUrquhart is now consulting on her member's bill.

 

 

Offsite Article: A safe space for sex workers...


Link Here 17th November 2015
Full story: Sex Work in Scotland...Bills to ban and to decriminalise sex work
Decent write up of the Scottish bill to decriminalise prostitution

See article from studentnewspaper.org

 

 

Update: Let's Jail Everybody...

Miserable Scottish Labour to announce a manifesto pledge to criminalise men who buy sex


Link Here25th April 2016
Full story: Sex Work in Scotland...Bills to ban and to decriminalise sex work
Scottish Labour is set to announce a manifesto pledge to prosecute men who buy sex.

Bizarrely the party claims that selling sex can be somehow legal whilst buying it is illegal. Surely the sex workers would be clearly inciting their customers to commit an offence.

Its manifesto, to be unveiled on Wednesday, will state:

Scottish Labour aims to tackle commercial sexual exploitation by challenging demand and by supporting those involved. It has a three-pronged framework: criminalising the buying of sex, decriminalising people involved in prostitution, and providing long-term support and exiting services for those exploited through prostitution.

ScotPep, the sex workers' rights charity, said during the last Holyrood session that it did not agree with the policy, fearing that it could put women in more danger and challenging the assertion that all sex workers are victims .

 

 

A consultation on challenging men's demand for prostitution...

Scottish government consults on how to demonise men for buying sex in an aggressively feminist and incomprehensible jargon filled man hating diatribe claimed to be a consultation document


Link Here13th September 2020
Full story: Sex Work in Scotland...Bills to ban and to decriminalise sex work
The Scottish government writes:

Prostitution is a form of commercial sexual exploitation. Commercial sexual exploitation persists as a result of how women are viewed by society.

The Scottish Government's definition of gender based violence is clearly set out in Equally Safe, Scotland's strategy for preventing and eradicating violence against women and girls:

Gender based violence is a function of gender inequality, and an abuse of male power and privilege. It takes the form of actions that result in physical, sexual and psychological harm or suffering to women and children, or affront to their human dignity, including threats of such acts, coercion or arbitrary deprivation of liberty, whether occurring in public or private life. It is men who predominantly carry out such violence, and women who are predominantly the victims of such violence. By referring to violence as 'gender based' this definition highlights the need to understand violence within the context of women's and girl's subordinate status in society. Such violence cannot be understood, therefore, in isolation from the norms, social structure and gender roles within the community, which greatly influence women's vulnerability to violence

Equally Safe Priority 4 states the Scottish Government's priority to ensure men desist from all forms of violence against women and girls and perpetrators of such violence receive a robust and effective response. This violence includes the violence perpetrated by men in relation to acts of commercial sexual exploitation, of which prostitution is one aspect.

The consultation is being taken forward under Equally Safe and fulfils the 2019-20 Programme for Government commitment to consult on approaches to challenge men's demand for prostitution, continue to support work to reduce the harms associated with commercial sexual exploitation and help women to exit prostitution.

The aim of the consultation is to gather views on how best to challenge men's demand for prostitution in Scotland, reducing the harms associated with prostitution and supporting women involved to exit. The consultation paper invites views from a wide range of readers including key stakeholders, statutory partners, those who work in the sector to challenge men's demand for prostitution, support women and those who may have lived experience to help inform the development of future approaches to prostitution in Scotland.

The consultation closes 10th December 2020


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