Scottish Government Confirms It Will Not Back Prostitution Offences Bill

EDINBURGH – The Scottish Government has confirmed it will not support a controversial Member's Bill aimed at criminalising the purchase of sex, dealing a significant blow to a legislative effort that sought to fundamentally reshape Scotland's laws on prostitution. The decision, which effectively stalls the bill's progress, was communicated in a letter to Holyrood's Criminal Justice Committee, citing grave concerns that the proposed law could inadvertently increase the risk of violence against sex workers.

The government's move highlights a deep-seated policy dilemma: how to tackle the exploitation inherent in prostitution without further endangering the very individuals the legislation is intended to protect.

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The Government's Position: A Principled Objection

In a detailed letter, Justice Secretary Keith Brown articulated a nuanced but firm position. While the Scottish National Party (SNP) administration supports the bill's underlying principle, it cannot endorse the legislation in its current form.

"The Scottish government has concluded that whilst we support the fundamental principle of criminalising the purchase of sex, we still retain significant concerns with the provisions as drafted in the bill," Mr. Brown wrote. He added that the government is "very aware that there are women in prostitution who have said that this bill as drafted will lead to them being at a higher risk of violence."

This stance breaks down into several key points:

• Support for the Principle: The government agrees with the core tenet of the so-called "Nordic Model," which targets demand for paid sex rather than the individuals who sell it. This signals a continued appetite for policy reform in this area.

• Overriding Safety Concerns: The primary objection stems from direct testimony and evidence from sex worker advocacy groups. They argue that criminalising clients forces the industry further underground, making it impossible for workers to screen clients, negotiate terms, or report violence to the police for fear of implicating their customers.

• Flaws in the Draft: The letter points to "significant concerns with the provisions as drafted," suggesting the bill's mechanics are unworkable or counterproductive from the government's perspective. This indicates the issues go beyond simple amendments and point to a fundamental disagreement on the implementation strategy.

Background: The "Nordic Model" Bill

The Prostitution (Offences) (Scotland) Bill was introduced by Labour MSP Rhoda Grant. It aimed to enact a legal framework often referred to as the "Nordic Model," first adopted in Sweden in 1999 and since implemented in countries like Norway, Iceland, and France.

The model is built on three distinct pillars:

• Criminalise Demand: The act of buying sex becomes a criminal offence, shifting the legal focus onto the purchaser. Proponents argue this reframes prostitution as a form of exploitation and reduces overall demand.

• Decriminalise Supply: Individuals who sell sex are not criminalised for doing so. This is intended to empower them to report crimes committed against them without fear of their own prosecution.

• Provide Exit Strategies: The model requires robust, state-funded support systems—including housing, healthcare, and job training—to help individuals who wish to leave prostitution.

Ms. Grant and other supporters, including a coalition of women's rights organisations, contend that this approach is the most effective way to combat human trafficking and the inherent harms of the sex trade, which they view as a form of male violence against women.

The Current Legal Paradox in Scotland

The debate over reform is rooted in Scotland's complex and often contradictory existing laws on prostitution. While the act of selling sex itself is not illegal, many associated activities are, creating a high-risk legal grey area.

• Current Prohibitions: Laws against soliciting in public, "kerb-crawling" (seeking to buy sex on the street), and owning or managing a brothel remain in effect.

• The Safety Conflict: These restrictions mean that for sex workers to operate legally, they must often work alone, typically from their own homes. This isolation is cited by safety campaigners as a major factor in their vulnerability to assault and robbery. Working together in a shared, safer flat could be prosecuted as brothel-keeping.

This framework is seen by critics on all sides as failing to provide either safety for workers or an effective strategy for reducing exploitation.

A Fractured Debate Among Stakeholders

The government's decision reflects a deeply polarised debate with compelling arguments on both sides.

• Arguments for the Bill: Supporters, including the campaign group A Model for Scotland, argue that criminalising the purchase of sex sends a clear societal message that buying human beings for sexual gratification is unacceptable. They point to data from other countries suggesting the model can reduce street prostitution and human trafficking.

• Arguments Against the Bill: Sex worker-led organisations like Scot-Pep and Umbrella Lane have been the most vocal opponents. They argue that criminalising clients makes their work more dangerous. It pushes transactions into unvettable, clandestine spaces and discourages workers from sharing client information that could be used to warn others of a violent individual. They advocate instead for the full decriminalisation of the sex trade, similar to the model used in New Zealand.

Implications and The Path Forward

Without Scottish Government backing, the Member's Bill faces an insurmountable legislative hurdle and is highly unlikely to become law. The decision effectively returns the complex issue of prostitution law reform to the government's own policy agenda.

Justice Secretary Keith Brown has stated the government will continue to develop its own approach, based on a "framework of multi-agency partners," to challenge male demand and support women. However, no concrete timeline or policy details have been offered.

This leaves Scotland in a state of policy inertia. The status quo, which is widely acknowledged as flawed, will persist for the foreseeable future. The challenge for the Scottish Government will be to forge a consensus on a new model that can simultaneously address the deep-seated harms of exploitation while earning the trust of the vulnerable individuals it is meant to protect—a balance that, for now, remains elusive.