– in the Scottish Parliament at on 17 May 2023.
Sarah Boyack
Labour
8. To ask the Scottish Government what its response is to the Court of Session’s ruling that a so-called nil cap for sexual entertainment venues under provisions in the Air Weapons and Licensing (Scotland) Act 2015 is unlawful. (S6O-02243)
Angela Constance
Scottish National Party
The Scottish Government delivered new powers through the Air Weapons and Licensing (Scotland) Act 2015, which enabled local authorities to set policy on sexual entertainment venues, taking into account views from stakeholders and the community.
The judgment does not mean that a nil cap is unlawful; instead, the judgment made clear that the council ought to be aware of the impact of setting a nil cap in its area. In response, the council has delayed the introduction of a licensing scheme until 31 December this year and, prior to that, it will carry out a statutory 12-week consultation to review its licensing policy on sexual entertainment venues.
Sarah Boyack
Labour
When I previously raised the issue in the chamber, the Minister’s predecessor was very supportive of the policy. Although there is now a consultation on-going, what steps will the minister and the wider Scottish Government take to make modifications to policy—and, if need be, to legislation—to ensure that our councils can lawfully implement nil caps, if that is their democratic decision after they have carried out consultation?
Angela Constance
Scottish National Party
I am very supportive of local areas carrying out local consultations and coming to a view on what is in the best interest of their area. If City of Edinburgh Council wishes to continue to pursue a policy of a nil cap and to follow due process, I will support that. I do not think that the issue in this instance relates to Government policy or legislation, but I am happy to discuss the matter further. My door is always open to the member and others in that respect.
Ruth Maguire
Scottish National Party
The Government has long recognised, through its equally safe strategy, that commercial sexual exploitation in all its forms is both a cause and a consequence of men’s violence against women. Can the Cabinet secretary give an update on legislation to tackle male demand and end that violence?
Angela Constance
Scottish National Party
The member is right to make that connection. We must ensure that our work in the area aligns with the equally safe strategy. The Scottish Government continues to make progress in delivering on the programme for government commitment to develop a framework that effectively tackles and changes men’s demand for prostitution and to support those with experience of it.
Several aspects of the work in the equally safe strategy recognise commercial sexual exploitation as a form of violence against women and girls. A number of reforms and measures have been developed to underpin that work, and we will keep the member informed as we take it forward.
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