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Is Smith right on prostitution?

Moves to tackle trafficking and prostitution may be well intentioned but is there a whiff of a moral

When - on Wednesday, 19 November, Jacqui Smith, Home Secretary, announced plans to tackle prostitution they included a raft of measures focusing on the men that pay for sex.

  • The introduction of a specific strict liability offence of paying for sex with someone who is controlled for another person’s gain, with a fine of £1000
  • Running a marketing campaign aimed specifically at sex buyers to raise awareness about trafficking for sexual exploitation
  • Making it possible to prosecute kerb crawlers without needing to prove that they are 'persistent'
  • Making it easier to close brothels where there is evidence of trafficking, child sexual exploitation, or causing, inciting or controlling prostitution for gain.

The rationale for these measures is to be found in a document issued by the Home Office called: Tackling the Demand for Prostitution: A Review.

There is no doubt that some of the aim of these measures is justified. Trafficking can involve tricking girls and women into believing that they are coming to Britain to be, for example, waitresses, but when they arrive they find they are detained against their will and forced to work long hours as prostitutes.

This constitutes serial rape. Moreover the victims are liable to face serious problems on returning home. They may be disowned by their own families and communities, and they or their families may face reprisals from the traffickers.

However, there is a strong suggestion of a moral crusade which links radical feminism and a conservative disapproval of prostitution at work. In a Commons answer on October 9, 2008, Vera Baird, the Solicitor General, was asked why, if there was such a problem with trafficking, there were relatively few arrests.

She answered in part: "We are concentrating on demand because it is clear that 58 per cent of the population would ban prostitution entirely and make it an offence, if they were satisfied — as I am — that it encourages trafficking. We will look closely at bringing into force deterrent legislation to try to cut demand."

The background to this is two police operations against trafficking. Pentameter 1 took place in 2006. It involved all 55 police forces, raided 515 premises, and produced 88 confirmed victims of trafficking.

Pentameter 2 - as described in the Home Office Review - took place between October 2007 and March 2008, again involved all 55 police forces, raided 822 premises and rescued 172 victims.

According to the Home Office there are about 80,000 people involved in prostitution in the UK. The police raids will presumably have targeted massage parlours offering exotic lovelies rather than English girls. The results are thus pretty disappointing.

Much of the academic work on prostitution is critical of the direction the Home Office is taking. Similar criticisms are made by the English Collective of Prostitutes. Some of the main criticisms of the assault on trafficking are: Surveys suggest that some 10 per cent of British men have paid for sex at some time.

Criminalising 10 per cent of the male population should be approached with caution.

Although there are undoubtedly violent and unpleasant clients, a major theme of reports of visits to prostitutes on websites such as Punternet is affectionate appreciation, a desire for GFE (Girl Friend Experience).

The majority of women working as independent escorts or in massage parlours appear to be British, not trafficked or coerced, and not addicted to drugs. Their motivation is essentially financial. One of the entries on the SAAFE website, which offers advice to independent escorts, counsels them to pace themselves because it is easy to get tired out because of the temptation to overwork thanks to the large amounts of money to be made.

Although trafficking people into sexual and other forms of slavery undoubtedly occurs, it should be remembered that there is also people smuggling, meaning getting illegal immigrants into Britain for a fee.

Undocumented economic migrants are terribly vulnerable to exploitation. Those working in prostitution may well simply regard it as more lucrative than agricultural work, food preparation, working in restaurants or cockle picking. Earnings from prostitution in Britain are higher than in Third World countries, so that the UK is attractive to women already working as prostitutes elsewhere for the same sorts of reasons that the UK is attractive to other people from the Third World.

A common situation seems to be something in between slavery and free labour, in which the migrant is helping to pay off the smuggling fee.

A major source of anxiety for undocumented migrants working as prostitutes is that their 'rescue' will lead to deportation. They may be reluctant to give evidence against 'traffickers' because they are trying to keep their side of a bargain with the people who got them here, rather than because of intimidation.

Clients are a potential resource against trafficking into sexual slavery, as they can be encouraged to report possible trafficking by organisations such as BlueBlindfold. If they are criminalised by a strict liability offence and the possibility of being accused of rape they are unlikely to do so.

Working in a brothel or massage parlour is generally seen as the safest way of engaging in prostitution. The major danger appears to be robbery rather than sexual violence.

Academics also tend to be critical of the Home Office encouragement of a zero tolerance approach to street prostitution as piloted in Middlesbrough.

Street prostitution has been a perennial feature of British life since at least the middle ages, when many towns had a street called Gropecunt Lane.

There is therefore a worry that such a policy will merely push street prostitution underground and make it more dangerous for the women involved.

Such an approach tends to disrupt outreach schemes which offer counselling, health advice and encouragement to quit.

Because potential clients are afraid of arrest in red light areas, prostitutes tend to work in other areas, at greater danger to themselves. This can involve a shift from light industrial areas, which are relatively empty in the evening, to residential areas.

There seems at least a possibility that anyone living with a prostitute, and hence at least partially living off her earnings, may be identified as a pimp, thus rendering any client of a street prostitute liable to a criminal record and a £1000 fine.

As with trafficking, the more clients are criminalised the less they are likely to cooperate in any attempts to apprehend men who rob, rape and murder street prostitutes.

The Home Office encouragement of women to desist from street prostitution is laudable if it involves providing services for voluntary use. However, the policy document A Co-ordinated Prostitution Strategy carries suggestions that women who fail to desist with encouragement will face more Draconian measures, notably ASBOs which can result in up to 5 years imprisonment rather than the fines which street prostitutes have faced in recent years.

Overall the concern of critics is that the increased criminalisation of an activity that is largely voluntary will cause more misery than the evils it is intended to cure.

Dr Mark Cowling is Reader in Criminology at the University of Teesside

Dr Mark Cowling is Reader in Criminology at the University of Teesside. He is the author of Date Rape and Consent and Marxism and Criminological Theory: A Critique and a Toolkit.
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View from Paisley: How the Conservatives are wooing Labour's Scottish heartlands

Not so long ago, Conservative activists in Paisley could expect doors slammed in their faces. A referendum has changed that.

Tony Lawler, a Labour activist, was recently knocking on doors in the Scottish town of Paisley, when he came across a disgruntled resident. “I’m really disappointed in Douglas Alexander,” the potential voter complained. “I haven’t seen him. He used to be in Morrisons.”

Douglas Alexander, of course, has gone. He was the longstanding Labour MP and onetime International Development secretary who lost his seat in 2015 to a 20-year-old rival, the Scottish National Party’s Mhairi Black. He does not plan to stand again. But when I visit Paisley, a short train ride from Glasgow, I find that memories of him linger on. 

Two years after Alexander’s defeat, I meet Lawler and other local Labour activists in Morrisons, where Alexander used to hold his surgeries. As checkouts beep and trolley wheels roll over linoleum, they point to an empty table in the corner of this hallowed ground: “He used to sit just there.”

In 2015, the SNP’s victory in this former manufacturing town seemed to epitomise the earthquake in Scottish politics. But as the Labour activists know too well, no political fortress is undefeatable. And in Paisley, the home of one of the oldest workers’ festivals in the world, the party with the most to gain is one that previously never dared to canvass in the high street – the Conservative party. 

The town the Brexiteers forgot

In 1988, the historian Sylvia Clarke reflected on Paisley’s lost industries, wondering what was next for the former weaving towns. “Paisley as a tourist centre?” she wondered, in Paisley: A History. “Paisley as a place for visitors to come to, rather than a send-out of goods and emigrants?” 

For all Paisley’s industrial decline, it’s a pretty place. The town is in the running for the 2021 City of Culture, and has the second biggest number of listed buildings after Edinburgh. When I visit in the middle of April, blossom floats on the trees, and a river meanders through a neighbourhood of old, stone houses. It takes a moment to notice weeds tightening their grasp on the window frames. When I try the door of the ancient Paisley Abbey, it’s locked.

Perhaps if Paisley had been located the other side of the border, in Sunderland or Northumbria, it would be voting Leave and flirting with Ukip. But in the most deprived areas here, Labour activists tell me the EU referendum tally was still almost 50-50, and overall the town voted Remain.

There is a view that Brexit is an English concern. “We haven’t picked up anything about the EU referendum,” says Lawler of his doorstep conversations. “What people are talking about is the independence referendum, Jeremy Corbyn and the kids’ ward.” Scotland’s health secretary, Shona Robison, is due to make a decision on whether the specialist ward should be moved to a large hospital in the First Minister’s Glasgow constituency, against the wishes of many Paisley residents. The hospital in question is nicknamed “the Death Star”.  

Another concern, reminiscent of small towns across the UK, is the decline of the high street. When I walk down the historical shopping area Causeyside Street, I find mother and daughter Kate and Linda Hancy packing up what remains of The Pattern Café and Gift Shop. The wallpaper is a glorious Paisley print, but the scented candles are in boxes and a spray soap bottle hangs from a chair. After two years of trying, they are closing down.  

“People just don’t have money to spend,” Kate says. “A lot of people have been on the same wage for more than five years.”

Linda chimes in: “The cost of living going up but wages aren’t the same. I work in a supermarket, and people come in and say ‘How did I spend this much money?’ A lot of people are paying by credit cards.”

The Hancys voted to remain in the UK, and the EU. Although they knew Alexander, they have never met Mhairi Black, and feel devolution, if anything, has made politicians less accountable. “Why are we picking 1,2,3,4,” demands Kate, referring to Holyrood's voting system, which rejected first past the post. “Why can’t we pick one like we used to?”

Without the EU to blame, the most obvious culprits for Paisley town centre’s decline are the out-of-town shopping centres, where cinemas are opening just as historical ones in town close their doors.

Gavin Simpson, owner of Feel the Groove, a new record shop, remembers the 1980s, when a new release would have shoppers queuing round the block. However, he believes the town is over the worst. (As we speak, a customer comes in to reserve such a record and cheerfully warns Gavin that “even if I ask for my money back, don’t give it to me.”)

One thriving business is the longstanding butchers, Wm Phelps. Manager James Peacock tells me it is down to the trustworthy Scottish produce, which is carefully tracked and labelled. But the business has also embraced globalisation.  After noticing a large number of South African customers, Peacock began selling boerewors and biltong.

The other referendum campaign

If Paisley has been spared the divisions of the EU referendum campaign, its “buddies” – as residents are known – are still reeling with the repercussions of an earlier referendum, that on Scotland in the UK. In 2014, the town voted for independence, although the county overall opted to stay in the UK. 

The town is home to a particularly brash strain of indyreffers, including the “Smith Commission burners”, three SNP councillors who gathered in front of the council headquarters to burn a copy of the report setting out new powers for Scotland. One of them, Mags MacLaren, went on to manage Black’s constituency office.

But if the Paisley independence movement has been well covered, less is known about its opposite - the rise of pro-unionism. 

Of the three mainstream parties opposed to independence, it is the Scottish Conservatives, with their unconventional leader Ruth Davidson, who have most effectively capitalised on the pro-union message. In the 2016 Scottish Parliament elections, the Tory Jackson Carlaw captured the West of Scotland constituency of Eastwood, which had been held by Labour since its creation. 

In Holyrood, the Scottish Tories benefit from proportional representation, which allows voters to choose a constituency MSP but also rank parties. 

According to Paul Masterton, the Tory candidate for East Renfrewshire, and the secretary of the Renfrewshire and Inverclyde Scottish Conservative Association, the Conservatives are now getting huge numbers of first preference votes, including in neighbourhoods like the suburb of Ralston, where both Black and Masterton are from. So who are these voters? Masterton describes them as “New Labour voters who were happy with Tony Blair and Gordon Brown but didn’t like Jeremy Corbyn and get tied up into knots by [Scottish Labour leader] Kezia Dugdale flipflopping on the union stance".

The 2016 election saw the Scottish Conservatives surge to second place in Scotland – a superb comeback for a party once ridiculed as being rarer than pandas. The next electoral test is the local council elections. In Paisley, even Labour activists acknowledged the Conservatives were likely to be the most notable winners.

“For a long time we simply didn’t go out in Paisley," says Masterton. "We were written off and we allowed ourselves to be written off.”

But the referendum has changed this. “What I found was that last May, people weren’t shutting the door in your face," he adds. "Once you started the conversation they were far more receptive to that.” 

Like the Labour activists, Masterton argues that the constitutional question matters more than Brexit. “When Theresa May said ‘now is not the time’, I think a lot of people across Paisley did a small quiet fist pump,” he says of a second independence referendum.  

Ironically, after the early election is called, the Scottish Conservatives do everything they can to mention the prospect. “Don't mention the 'i' word,” crows a recent press release about the “SNP indyref ban”. Davidson tweets: “Nicola doesn't want to stand on her record. She knows the country doesn't want her #indyref2.” A Panelbase survey commissioned by The Sunday Times Scotland published shortly after the early election was announced finds support for the Conservatives at Scotland at 33 per cent, 18 percentage points higher than in 2015. 

What you stand for

For now, Paisley remains a Scottish National Party stronghold. George Adams, the MSP with an office off the high street, proves elusive – Labour activists confirm his reputation as a hardworking local. Black’s aide turns down my request for an interview for similar reasons, but I bump into her that evening at a protest against cutting child tax credits in Glasgow’s George Square.

Black, an admirer of the left-wing Labour figure Tony Benn, once said she feels "it is the Labour party that left me". I ask her if she, like her Labour predecessor, holds surgeries in supermarkets. Black says she’d considered it, but given the sensitivity of some of the issues, such as benefit problems, she thought her constituents might appreciate a more private space. “The main thing that crosses the door in my offices is Universal Credit changes,” she explains. She says she has raised her concerns about the children’s ward.

As for the independence debate, she argues that the Scottish government have been “incredibly compromising” since Brexit, but adds: “A lot of folk want another chance at the question.”

Black is standing for re-election. With a majority of more than 5,000, and neither of her previous challengers in the running, she’s likely to keep her seat, even if buddies' discontent over local issues rumbles on. 

Still, as I have discovered, the 2014 referendum continues to reverberate in towns like Paisley. It has divided friends and neighbours on constitutional lines, galvanised new strains of politics, and brought a Labour heavyweight crashing down, with no appetite to return. 

The Tories believe their unionist message is enough to flip seats like East Renfrewshire, once Conservative, then Labour, and now an SNP marginal. As the SNP's shine wears off, could Paisley, with its long tradition of the left, one day follow? It no longer feels implausible. “The one thing about the Scottish Conservatives - and this is true whatever you like us or not,” says Masterton. “You know what we stand for.”

 

Julia Rampen is the digital news editor of the New Statesman (previously editor of The Staggers, The New Statesman's online rolling politics blog). She has also been deputy editor at Mirror Money Online and has worked as a financial journalist for several trade magazines. 

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