Prostitution Law Reform

Part of the debate – in the Scottish Parliament at on 18 January 2024.

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Photo of Siobhian Brown Siobhian Brown Scottish National Party

I thank Ruth Maguire for lodging the motion and bringing the debate to the chamber. I know that she is passionate about ensuring that progress is made in challenging men’s demand for prostitution, as are Rhoda Grant and Ash Regan. I thank them for all the work that they have done in this area, and I thank members for all the contributions in the debate. I was pleased to see that Ruth’s motion on this very important issue had cross-party support.

The debate is very timely, following the recent 16 days of action on violence against women and girls, when the Parliament again came together to send the strong message that violence against women is totally unacceptable. I am sure that we all agree that there is no place for sexual exploitation in Scotland.

I thank the A Model for Scotland alliance for its work in raising awareness of commercial sexual exploitation. Our engagement with members of the alliance is helping to shape the Scottish Government’s framework to challenge men’s demand for prostitution, and its recently published report, “International Insights: How Scotland can learn from international efforts to combat commercial sexual exploitation”, will help to inform the development of our approach.

I am sure that many members will have seen the Women’s Support Project exhibition that was held in the Scottish Parliament in November, which detailed the project’s work over the past 40 years in tackling commercial sexual exploitation. The exhibition highlighted the energy and commitment from stakeholders across Scotland in tackling such exploitation, and the progress that has been made as a result. I am very grateful for the project’s on-going work.

I note Tess White’s contribution and her insight into the model in the Netherlands. I would like to think that if we fast-forward 40 years from now into Scotland’s future, we will—I hope—be living in a Scotland that has overcome the normalisation of behaviours associated with men purchasing sex. It is not acceptable, and challenging those attitudes is key to challenging demand.

Our equally safe strategy recognises commercial sexual exploitation as violence against women and makes clear our collective responsibility to tackle the attitudes that perpetuate it in all its forms. Our efforts to challenge demand are clearly linked to wider aspects of policy. That includes contributing to our efforts to tackle misogyny and the on-going scourge of inequality and poverty, which we know can drive people into exploitation.

In order to truly tackle demand, therefore, we need an approach that considers the full range of social and economic factors that underlie it. Our framework to challenge men’s demand for prostitution and improve support for those with experience of it, which will be published early this year, will bring wider efforts together. It will take an intersectional approach that sets out, for the first time, Scotland’s strategic approach to tackling prostitution. Like the Nordic model, our framework will look at enabling women to exit from prostitution safely and sustainably. It will raise public awareness, including among those who deliver public services. It will also clearly recognise women with experience of selling and exchanging sex as victims of exploitation. I am clear that the framework’s approach will provide the basis for any future consideration of legislation.

As members may be aware, in order to inform the development of our framework, we published “Challenging Demand for Prostitution: An International Evidence Review” on international challenge-demand approaches back in 2022. Both that report and the “International Insights” report from the A Model for Scotland alliance highlight that, in addition to the criminal law, other important components are needed within the challenge demand approach.

We need to continue to learn lessons from those countries that have progressed legislation as a matter of principle, and to understand why that has been so, and why so many today advocate for that. However, I am conscious that such approaches have not always been delivered with the necessary supporting structure, which our framework aims to deliver for those who are looking to move away from prostitution and to effect the societal change that we all know is required.

It is also important to recognise the need to work with international partners to truly address sexual exploitation rather than simply exporting it elsewhere. Our approach recognises that exploitation has no respect for borders. In that regard, Police Scotland continues to work with partners nationally and internationally to bring offenders to justice.

Just yesterday, I met the UK’s new Independent Anti-Slavery Commissioner to discuss trafficking and exploitation strategy. She was very interested in the work that Scotland is currently doing with regard to commercial sexual exploitation. That is key to ensuring that our approach to tackling demand is sustainable and that we have a joined-up and preventative approach.

The importance of a co-ordinated national approach was illustrated well at the commercial sexual exploitation-focused event in Ayrshire at which Ruth Maguire and I spoke during the 16 days of action on violence against women and girls. The event brought together a wide range of practitioners from, for example, housing, health and education, and the power of working collaboratively was evident.

Collaborative working across policy and services was key to the development of the framework’s policy principles, which were published back in 2022. That is a fundamental aspect of the framework, which enables us to build on existing good practice and harness it to deliver a more consistent approach across Scotland.

One of the participants in the “Lived Experience Engagement” research that informed the framework said:

“there’s lots of girls who do this who don’t want to or have nothing else to turn to. They need to know what is out there to help them and who they can talk to.”

Our framework looks to address that, by making support easier to access, through strengthened links between mainstream and specialist services, so that women, at any stage of their journey, can access the support that they need.

At last month’s launch of our trafficking and exploitation strategy refresh, I heard directly from women who had been trafficked for the purpose of commercial sexual exploitation, and meeting them and listening to their stories was incredibly moving. I am grateful for their brave and inspirational contributions, because it is important that we listen and learn.

The importance of trauma-informed justice was one of the issues that was raised. That aligns with the framework’s approach, which acknowledges that people with experience of commercial sexual exploitation are victims of exploitation. Therefore, we will continue to work with Police Scotland and wider justice partners as we look to finalise, publish and implement the framework.

We are also aligning progress with our wider work on delivering trauma-informed justice. That includes ensuring that we build on the conclusions from the report that was published last year on the case for gendered intersectional approaches to justice. That report recognised that supporting women in ways that meet their individual needs could have a powerful impact on their perception of justice, leading to greater trust in the system. To that end, and in parallel with the launch of the equally safe refresh, equally safe in practice training modules are now available to civil servants across the Scottish Government as part of their training offer and development.

It is important that our framework takes an adaptive approach that is cognisant of emerging risks related to commercial sexual exploitation. That includes online behaviours and considering our next generation by ensuring that young people understand the complexities of CSE and how to stay safe online.

We must also remain vigilant within our responses to crises—for example, our collective responses to the cost of living crisis and the on-going conflict in Ukraine.

Recognising the need for an adaptive approach and the need to bring together our approaches to tackle commercial sexual exploitation more holistically, we will establish a new multi-agency group on commercial sexual exploitation, which will support the framework’s implementation.

As I have outlined today, there is clearly positive progress across Scotland in our collective efforts to tackle CSE, but we can and should do more, and our framework will pave the way for that. I look forward to updating the chamber following the framework’s publication.

13:27 Meeting suspended.

14:30 On resuming—