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Prostitution Bill still in the balance as John Swinney undecided

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Ash Regan's Unbuyable Bill is still being 'considered' by John Swinney.
Ash Regan's Unbuyable Bill is still being 'considered' by John Swinney. Picture: Alamy

By Gina Davidson

John Swinney has told LBC he believes men should not be able to buy sex - just a week before a crunch vote in Holyrood on a Bill which would make doing so illegal.

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But Scotland's First Minister said he is still undecided on whether SNP MSPs will support or reject proposed legislation.

Independent MSP Ash Regan has lodged her “Unbuyable” Bill in the Scottish Parliament which would criminalise the purchase of sex, decriminalise the women in prostitution, pardon those who have criminal records of solicitation, and offer support to those who want to exit.

However while it is backed by many women who were trafficked into prostitution and by the UN’s special rapporteur on violence against women and girls, it has also been branded as “dangerous” by women currently involved, who say they will feel more at risk. Amnesty International UK has also raised concerns.

The contentious Bill also saw Holyrood’s criminal justice committee split after taking evidence, with four SNP MSPs voting against supporting the legislation, while two Labour and two Conservatives voted for it.

And the Scottish Government minister charged with leading a response on the Bill, Siobhian Brown, has also appeared lukewarm in support, suggesting the Bill needs “substantial amendments” to work.

She told MSPs in November that there are "significant policy and operational challenges" with the Bill as currently drafted.

Ms Regan has said she is willing to amend her Bill - and has pointed to SNP and Scottish Government policy that prostitution is a form of violence against women and girls, as reason for the both to back it.

However, asked by LBC if he would be whipping his MSPs to vote against the Bill, John Swinney said: “We are giving consideration to what our stance is going to be.”

Asked if he believed men should be able to buy sex, he said: “No, I don’t. And the government view is that men should not be able to buy sex, so we agree with that principle. Of course the questions are always more complex than that, because it’s how do you do it? That’s what we’re looking at.

“But on the principle I’m of the view that, no, men shouldn’t be able to.”

And if he would support the Bill at the stage one debate next week, which will see MSPs vote on its principles, he added: “It’s not just about the principle, it’s is the Bill in the right place? Can it do what it’s intended to do? And that’s what we’re looking at carefully.”

Quizzed on why, if he supported the principle of making the purchase of sex illegal, the SNP had not brought a Bill forward to do that in its 19 years in government, he said: “The government has got lots of pressing priorities and we address as many of them as we can.”

A letter signed by 120 women working in prostitution who don’t support the Bill was also raised with the First Minister. He said: “These difficult questions illustrate some of the challenge that we’re wrestling with.”

Ms Regan's Bill was also given the backing of Scotland's Catholic Bishops today, when they wrote to Mr Swinney urging him to show "leadership" by backing the legislation.

The said her Bill represents a "vital step toward protecting some of the most vulnerable individuals in our society".

Bishop John Keenan, president of the Bishops' Conference of Scotland, called on the Scottish Government to back the Prostitution (Offences and Support) (Scotland) Bill, saying "I believe Scotland has an important opportunity to demonstrate leadership in the protection of vulnerable women and girls, the prevention of trafficking, and the promotion of equality."

The legislation would criminalises those buying sex, with fines of up to £10,000 or prison sentences proposed for those convicted, while decriminalising those selling it.

In addition, if passed by Holyrood, the Bill would repeal the existing offence under section 46 of the Civic Government (Scotland) Act 1982 of loitering, soliciting or importuning in a public place for the purposes of prostitution, which has been used to prosecute those selling sexual services as part of street prostitution.

It also proposes that those who have been convicted of this offence in the past have their convictions quashed.This step alone would "remove a significant barrier that has prevented many from rebuilding their lives", Bishop Keenan said.

"By criminalising buyers rather than sellers, it shifts responsibility on to those who fuel the market for commercial sexual exploitation, and away from those - overwhelmingly women and girls - who have endured abuse, violence, and coercion throughout their involvement in prostitution.

"This approach aligns with Scotland's broader commitment to addressing violence against women and girls, and it upholds the principle that no individual should be punished for their own exploitation."