Sexual Exploitation

Part of the debate – in the House of Commons at 3:08 pm on 9 December 2020.

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Photo of Lyn Brown Lyn Brown Shadow Minister (Justice) 3:08, 9 December 2020

It is an absolute pleasure to follow my hon. Friend Dame Diana Johnson because, as Members will know, she is indeed a close friend. I respect her and value her enormously, and it is only because our friendship is so strong that I feel able to stand here and speak against some aspects of her proposed Bill. I hope that, by doing so, we will begin a debate that informs rather than confuses and in which there are no binary sides, but just an honest and desperate attempt to talk about and try to resolve something that is still difficult in our society today.

I hope I do not need to spell out that we all oppose trafficking and exploitation. It is real, it is utterly horrifying, and it is rightly illegal. We absolutely need Laws that target exploitation and abuse, and we need them to be better enforced. The part of my hon. Friend’s Bill that I cannot support involves putting into the law of England and Wales what is called the Nordic model. The Nordic model is not about tackling trafficking or exploitation directly. It criminalises the buying of sex, and it can also criminalise many of the means by which sex workers market their work. That is counterproductive and it will put women at greater risk.

In France, after the model was introduced in 2016, 42% of sex workers said that they had become more exposed to violence. Tragically, there is some evidence that murders of sex workers increased significantly. Between September 2019 and February 2020, at least nine sex workers were murdered, according to the French newspaper, Libération. When all clients are frightened of being arrested, and therefore insist that meetings happen in darker corners where the dangers for women are greater, sex workers cannot refuse those risks. They can no longer distinguish between clients who are a threat and those who are not.

I will give voice to some women who are involved in sex work. Jenny from Manchester said, “The harms to me come from the laws that they have. Having a record is a harm. There’s a major difficulty for women who want to exit prostitution. The services don’t address it. They can come up with the courses for you to go on, but they cannot take away the charges. You can’t get housing and there are jobs that aren’t available because of what you’ve done. Women who have sex work convictions often find it almost impossible to leave.” We must address that, because it limits life chances and makes women more vulnerable to the coercion of pimps and traffickers.

Reports on the implementation of the Nordic model have found that it has caused sex workers to be less likely to refuse risky clients as income has fallen. They are also less likely to report violence to the police. In France, 70% of sex workers said that relationships with the police had become worse or were unchanged, despite the Nordic model reforms decriminalising some aspects of their work. The Nordic model even made 38% of sex workers less likely to use condoms, because their power to refuse clients was reduced, which made it harder to insist on safe sex only. That is why criminalisation is opposed by the World Health Organisation, STOPAIDS and the Royal College of Nursing.

My hon. Friend the Member for Kingston upon Hull North and others want to give women who are trapped in the sex trade a way out, and I share that goal. The Nordic model in France included an exit programme. Two years on, researchers found that only 39% of sex workers were even aware of it, and of those, only a quarter had any intention of applying. I do not believe that any individual programme will give most women a genuine alternative, because their circumstances are complex. Ultimately, as we know, it is poverty, inequality and the legacy of unjust laws that trap women in the situations we have been raising today, force them to do work that they do not want to do, and expose them to the risks of abuse, violence and exploitation.

The truth is, I believe, that sex work will be around for as long as there is poverty and inequality—and frankly, poverty and inequality are rife in our communities. Last year, before covid hit our communities, 2.4 million people were destitute in the UK, including more than half a million children. That is a rise of 54% in just two years since 2017. Those numbers will include many sex workers and their children.

There will also be sex workers who stay out of destitution only because of the income that their work brings in. Louise, who works in the sex trade in Doncaster, said, “The police don’t protect us, and the biggest problem I face is the laws. Some women have been dragged under the control of pimps, but criminalising everyone doesn’t help that. We are boxed in by poverty. Criminalising clients would take away our income when people around the country are living on the edge and women are expected to fill the gap.”

If the law prevents sex workers from finding clients online, what happens then? My hon. Friend has quoted despicable misogynistic comments about women posted online. None of us likes that. The comments create a society in which women are objectified, but shutting down the websites will push them underground, moving them to encrypted message apps or sites on the dark web instead, making it harder for sex workers to have a discussion with clients at a safe distance before agreeing to meet, and harder for sex worker groups such as National Ugly Mugs to monitor what clients are doing. These changes could unintentionally make it harder for women to identify the men who are a threat to them and to report clients who are violent and abusive.

I think we have to create policies so that women have the power to create the lives they want. In New Zealand, an emphasis has been put on reducing harm and ensuring that sex workers have access to their rights and to justice. These reforms enable sex workers to work together without fear of prosecution and thereby in greater safety. Coercion of people into sex work or to provide a share of the money received is, of course, illegal in New Zealand, and because sex work is treated as a normal form of work and taxed, all normal laws apply. In my view, the evidence from New Zealand is positive, with trust in the police improved, increased reporting of offences, better safety and health for sex workers, and, most importantly, an increased ability for sex workers to refuse clients.

I am not here today to recommend any particular changes to the law, although I am open to considering them. Whatever happens, I think we can agree that we need much stronger enforcement against trafficking, coercion, grooming, violence and harassment. We agree that women deserve protection, and we need to eliminate the barriers that prevent women from leaving sex work. That includes convictions for sex work offences, which can be an anvil around necks. I do not think that the Nordic model is the right one, but I do think that a debate about how we deal with sex work and workers needs to begin now in this place, in good faith and between friends.

Question put and agreed to.

Ordered,

That Dame Diana Johnson, Ms Harriet Harman, Sarah Champion, Fiona Bruce, Carolyn Harris, Dame Margaret Hodge, Mrs Maria Miller, Rosie Duffield, Stella Creasy, Mr Virendra Sharma, Gavin Robinson and Derek Thomas present the Bill.

Dame Diana Johnson accordingly presented the Bill.

Bill read the First time; to be read a Second time on Friday 29 January 2021, and to be printed (Bill 228).

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