Plans to outlaw prostitution in Scotland defeated

Prostitution will remain legal in Scotland as a bid to introduce laws criminalising all aspects was defeated in the Scottish Parliament.

The amendment tabled by Labour MSP Trish Godman would have made it an offence to engage in, advertise or facilitate paid-for sexual activity, whether it was on the streets or indoors.

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 in Scotland (ACPOS), prostitutes’ support agency Scotpep and Independent MSP Margo MacDonald, all warned that the amendment could drive prostitution out of the relative safety of flats and saunas and onto 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 unsuccessful amendment was also criticised for adding to the already wide-ranging Criminal Justice and Licensing Bill and for having no proper consultation on what the ramifications would be.
In particular, there was consensus on the need for more information on people trafficking.

Baroness Helena Kennedy QC is to lead an Equality and Human Rights Commission inquiry into human trafficking in Scotland this summer, with a particular focus on sexual exploitation. The inquiry will take evidence from victims of abuse, experts, police and other agencies responsible for tackling trafficking.