SNP MSPs accused of 'siding with pimps and sex traffickers' as prostitution bill hangs in the balance

Independent MSP Ash Regan says the legislation she wants on the statute book is current SNP policy - and accused the quartet of SNP MSPs on Holyrood's criminal justice committee who rejected her Bill of "siding with grooming gangs, pimps, sex traffickers and sex buyers."

The SNP has been contacted for comment.

Regan introduced the Prostitution (Offences and Support) (Scotland) Bill last year, proposing to make it illegal for a person to buy sex in all circumstances, with buyers facing prison time or a fine of up to £10,000.

The Bill would also decriminalise those selling sex, repeal previous solicitation offences, and offer help to those seeking to exit prostitution.

She says her aim is to reduce, mostly male, demand for prostitution - and points to countries like Sweden where similar legislation has been introduced.

But Holyrood's Criminal Justice Committee's report on the her four-page Bill, has seen it split down the middle on the legislation - four SNP MSPs rejecting it, and two Labour and two Conservative MSPs supporting it.

Katy Clark, Sharon Dowey, Liam Kerr and Pauline McNeill backed the legislation moving to the next stage but committee convener Audrey Nicoll, as well as Fulton McGregor, Rona Mackay and former government minister Jamie Hepburn opposed the legislation.

Talking to LBC, Ash Regan - who was once a junior minister in the Scottish Government and ran to be SNP leader before quitting the party - said it was "staggering" the SNP members of the committee did not support the Bill.

"The Nordic model is SNP policy and it's government policy that prostitution is violence against women and girls, and it has an Equally Safe strategy which is predicated on challenging demand for prostitution.

"Why are the SNP siding with grooming gangs, pimps, sex traffickers and sex buyers - who are they trying to protect?Because it's certainly not women and girls."

When LBC put it to her that the committee had heard from those currently working in prostitution, who allege her Bill would make them more vulnerable, she said: "There's no evidence to prove those assertions from the pro-prostitution lobby.

"Any MSP who sits down and listens to the stories of survivors of prostitution and what they have gone through would never in a million years think this Bill would put them in more danger.

"The public expects the government to take action and rightly so, on things like grooming girls into prostitution. We know also that many victims of prostitution are from our care system, these people should be protected by the state. We know many are trafficked from abroad and many are victims of child abuse, these are the very people that the government and parliament should be working to protect.

"The police support this approach and the Lord Advocate says it's in the public interest, so why not the SNP, what are they afraid of?"

Neither the Convener or Deputy Convener of the committee were available for comment.

However the report says all committee members agreed that prostitution can "cause untold harm and misery for many of those involved" and, if the legislation should fail, the next Scottish Parliament should seek to reform the law to benefit the - mainly female - people who sell sex.

The four MSPs who backed the Bill said it would be "wrong to curtail the debate" on the issue and wanted to see it progress to the next stage, where amendments could be made.

Those opposed said evidence the legislation could harm women "cannot be ignored" and there is not enough time in the parliamentary session to make necessary changes.

The report said: "The challenge we have faced is that much of the evidence in this policy area is highly contested.

"Those on both sides of the debate about criminalisation of the buyer have pointed to studies and research which they say supports their respective positions. Different lessons have been drawn from the experience overseas.

"All this has made our job much more difficult. We are left in a situation where the evidence as to the anticipated impact of section one is not definitive and is highly contested.

"As such, we have had to make a judgment as to where the balance of evidence lies and which lines of argument appear to us to be the most persuasive.

"We also acknowledge that some of the evidence which has been presented indicates that an approach which criminalises the buyer of sexual services could act as a deterrent and reduce the overall demand for prostitution. Other evidence has been less clear that it will have this desired effect."

The committee also has concerns over whether the proposed offence can be adequately enforced.

"In evidence, we heard about the challenges in both policing and prosecuting an offence which invariably takes place in private, may be arranged online, and may involve very vulnerable individuals who may be required and reluctant to give evidence to secure a conviction," the report said.

"We acknowledge the challenges identified in terms of the practical application of the proposed offence, however we accept that these challenges need not, in themselves, rule out legislating in this area.

"Many serious offences are difficult to police and prosecute.

"But nonetheless we are concerned that evidential challenges during the investigation and prosecution of the new criminal offence being proposed in this Bill as it is drafted could frustrate the stated objectives of the member in charge."

They are also concerned the Bill may not reduce demand and would have the effect of driving prostitution "underground".

The MSPs questioned if there is enough time before the next election to pass the required amendments and have a final vote.

If the Bill does fall, the report said, the committee recommends legislation is picked up in the next Holyrood session and an independent commission is formed to look at the sex trade, including the support for those in prostitution and seeking to leave it.

Ash Regan added: "There is no consensus against the legislation; on the contrary, my 'Unbuyable' Bill has attracted strong and serious support from across the Parliament, including from some SNP MSPs.

"Cross-party backing reflects what the Scottish public, women's organisations, frontline services and survivors have consistently told us: criminalising sex buyers is essential if we are to tackle exploitation and male violence against women and girls."

"When I was the minister for community safety, this Bill was in the Government's own five-year programme for this session. What has changed?"

Ms Regan continued: "In the final weeks of this Parliament, it is time for politicians to stop hiding behind contradiction, process and delay. Anything less than action is rank hypocrisy and failure of both survivors and the next generation to face harm; they deserve better."

The Scottish Government has said it "strongly supports" making it illegal to buy sex but has voiced "significant concerns" about Regan's Bill and believes it needs "substantial amendments".

Regan has said she is willing to table amendments if the Bill passes to stage two.