A Brexit could mean more regulation for small businesses, not less

Questions raised at a recent New Statesman roundtable challenge the ‘better off out’ argument.

‘Britain is shackled to the corpse of Europe’, wrote the MEP and polemicist Daniel Hannan last November. Often central to this argument is the notion that Brussels red tape is strangling the potential of small businesses, which could be a fundamental driver of our economic growth. If we left, we could dictate the terms of our trade with Europe. Recent tumult amongst the Conservative ranks would suggest that Hannan is not unique in this view. However, the idea is rooted in a fundamental misconception about our relationship with the EU- that exit would lead to less regulation for small businesses.

In a recent roundtable held by the New Statesman discussing the methods by which Britain might increase exports amongst small and medium enterprises (SMEs), Dr. Rebecca Harding, CEO of Delta Economics, suggested that exit from the EU will result in more regulation, not less. This is based on previous research conducted by Delta Economics in collaboration with UKTI, which shows that the amount of distance regulation would in fact increase. Non-UK companies outside of the EU but inside European Free Trade Association (EFTA), most notably Norwegian and Swiss companies, have complained of being treated as being both outside and inside of Europe, thereby increasing the amount of bureaucracy that they are forced to face. Further information about this research and the work of Delta can be found here.

Therefore, even if we accept the premise that our relationship with the EU is primarily about trade rather than the more utopian social democratic vision of Europe as a protector of rights and freedoms, it remains in our economic interest to stay in. This strikes at the heart of the economic pillar of the Eurosceptic ‘better off out’ argument. This also questions the oft-touted premise that Britain should, or even could, aspire to a ‘Norwegian-style’ relationship with the EU.

Instead, evidence suggests that small businesses stand to benefit from further economic integration. At the New Statesman round table, Helen Brand showed that even further removal of barriers to the achievement of the single market could provide invaluable trade opportunities for SME’s- potentially increasing trade by 45%. Findings from the progressive think-tank Institute for Public Policy Research (IPPR) further support this- suggesting that further integration of the single market could increase EU consumption by €37 billion, thereby providing ample opportunities for small business growth. Even the prime minister's newly appointed strategist Jo Johnson agrees, arguing in a recent essay that further integration would leave the average EU household £3,570 better off.

The more reasoned political voices on this issue remain oddly silent in the face of popular pressure, despite the fact that it marks a point of accord between the progressive Europhile and pro-trade business lobbies. As IPPR notes, neither the British government nor the EU itself have done enough to convince of its benefits, and myths have abounded. If the argument was centered around our small business economy becoming more competitive and the ceaseless ‘global race’, perhaps our discourse would be more measured.

Research suggests SME's could face more regulation if we left the EU. Photo: Getty Images
Photo: Getty Images/AFP
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Why is the government charging more women for selling sex but turning a blind eye to buyers?

Since 2013, the number of women charged for selling sex gone up while the number of men charged for buying it has gone down.

It’s no surprise that prostitution policy is an area rarely visited by our legislators. It’s politically charged - a place where the need to prevent exploitation seemingly clashes head on with notions of liberal freedom; where there are few simple answers, a disputed evidence base, and no votes.

There’s also little evidence to suggest that MPs are different from the rest of the population - where one-in-ten men have purchased sex. It is little wonder therefore that our report on how the law should change, published in 2014, was the first major cross-party intervention on the subject in twenty years.

Some take the view that by removing all legal constraints, it will make the inherently exploitative trade of prostitution, safer. It’s not just me that questions this approach, though I accept that - equally - there’s no consensus that my preferred measure of criminalising the purchase of sex, while decriminalising the sale, would fundamentally change the scale of the problem.

Where all sides come together, however, is in the desire to see women diverted from the law courts. It is still possible for women (and it still is women; prostitution remains highly genderised) to go to prison for offences related to prostitution. Today, in 2015.

The total number of prosecutions for all prostitution offences in England and Wales has been decreasing since 2010, but not in a uniform fashion. This does not reflect a reduction in the size of the trade, or the violent nature of it.

There were once consistently more prosecutions for kerb crawling, profiting, and control of prostitution. But since 2013, there have been more prosecutions for soliciting or loitering than for profit from prostitution and kerb crawling each year.

In simple terms, offences committed by men with choice, freedom and money in their pocket are having a blind eye turned to them, while women are being targeted - and this trend is accelerating. In the law courts, and in prosecutions, it is the most vulnerable party in the transaction, who is taking the burden of criminality.

Take on-street sex buying as an example. In 2013-14 just 237 prosecutions were brought for kerb crawling, but there were 553 - more than twice as many - for loitering and soliciting.

There is a similar pattern in the 2014/15 figures: 227 charges for kerb crawling reached court, while 456 prosecutions were initiated against those who were selling sex. Just 83 prosecutions for control of prostitution, or ‘pimping’, were brought in that same year.

These are men and women on the same street. It takes a high level of liberal delusion to be convinced that prostitution is caused by a surge of women wishing to sell sex, rather than men who wish to buy it. And yet women who sell sex are the ones being targeted in our law courts, not the men that create the demand in the first place.

This situation even goes against the Crown Prosecution Service’s (CPS) own guidance. They say:

“Prostitution is addressed as sexual exploitation within the overall CPS Violence Against Women strategy because of its gendered nature… At the same time, those who abuse and exploit those involved in prostitution should be rigorously investigated and prosecuted, and enforcement activity focused on those who create the demand for on-street sex, such as kerb crawlers.”

Why then, is this happening? For the same reason it always does - in our criminal justice system stigmatised, poor women are valued less than moneyed, professional men.

My debate in Parliament today raises these issues directly with the government ministers responsible. But to be honest, the prosecution-bias against women in the courts isn’t the problem; merely a symptom of it. This bias will only be tackled when the law reflects the inherent harm of the trade to women, rather than sending the mixed signals of today.

That’s why I welcome the work of the End Demand Alliance, composed of over 40 organisations working to end the demand that fuels sex trafficking and prostitution, advocating the adoption of the Sex Buyer Law throughout the UK.

This would criminalise paying for sex, while decriminalising its sale and providing support and exiting services for those exploited by prostitution. Regardless of these big changes in the law, I don’t see how anyone can support the current state of affairs where there are more prosecutions brought against women than men involved in prostitution.

The authorities are targeting women because they're easier to arrest and prosecute. It goes against their own guidance, common sense and natural justice.
And it needs to stop.

Gavin Shuker is MP for Luton South and chair of the All Party Group on Prostitution and the Global Sex Trade.