The case for the Criminalisation of the Purchase of Sex Bill

Rhoda Grant MSP explains why she thinks the arguments made against the Criminalisation of the Purchase of Sex Bill are flawed.

On the 29 May I published the results of the consultation for my proposed Bill on the criminalisation of the purchase of sex. The respondents were overwhelmingly, 80 per cent, in favour of this Bill. Since its publication I have been continually attacked by those against the Bill who have claimed that I have misrepresented the breadth of support. In fact they have presented a number of falsehoods about the Bill via a number of platforms including this one. I find myself constantly defending my position against unfounded allegations and yet no-one has properly questioned the assertions made by the "Sex Workers’ Lobby". I find this baffling and therefore would like to take the opportunity to address their arguments.

I recently received this from an exited prostitute:

The only way to describe my experience was HELL it’s like you are selling your soul over to the devil when you get into prostitution, the devils being…… ,  your freedom gets taken away completely, you automatically become a dolly money making machine for them and while working for…… you were reminded every day that you’re worthless and couldn't do better in life apart from prostitution….people are not aware of what happens  behind closed doors in the brothel ....the minute you walk in you are scared for life ...it’s like being raped 10 times a day and pimps telling you its ok ??? You lose everything dignity, Identity, respect and happiness.

This is by no means a one off case but the daily reality for many prostitutes. With this knowledge I am expected to turn a blind eye in order that those who profit from and cause this misery can continue their activity unrestrained. I cannot.

The current laws surrounding prostitution penalise women and only deal with public nuisance – none of them protect those who are prostituted. The Bill I propose is for the criminalisation of the purchase of sex which aims to redress this imbalance in our current laws. In no other circumstance does our law criminalise the victim but not the perpetrator! The purpose of this legislation would be to decrease demand and thereby begin to tackle an industry that preys on vulnerable people.

My consultation proved that a wide range of society agrees with me, including NHS Scotland, many Violence Against Women partnerships and organisations that provide support to working prostitutes. I do not just have support from feminist groups and religious organisations as my opponents have suggested. This is just one of many false allegations I have had to defend against, such as the suggestion that I have ignored the views of those who work and have worked in prostitution. This is again not true; the pro-lobby have simply ignored the supportive responses I received from women that have exited prostitution. Indeed, I have also met with a wide range of people including working prostitutes and other individuals involved with support organisations.       

There has been little scrutiny of the position put forward by the "Sex Workers’ Lobby". In particular, this lobby has made two adamant petitions, one for decriminalisation or legislation for the industry and the other that said industry should be allowed to regulate itself. Their argument for self-regulation is that they understand the industry best and are therefore best equipped to tackle abuses. There is no evidence to support this argument as all reports indicate that abuse is rampant within the industry. They suggest that "clients" are best placed to report abuse. However these clients have little concern for prostitutes. We would need evidence to demonstrate that they are reporting instances of trafficking in great numbers and where is it?  Legislation needs to be implemented that protects vulnerable people against organisations and individuals that profit from them. No industry can successfully self-regulate because it is in its interest to make profits.  

However, I would also like to challenge the notion that decriminalisation or legislation would protect vulnerable people being abused in this industry. The oft-cited example is New Zealand which has decriminalised all aspects of the sex industry. There are calls to introduce this model here. However, social policy cannot be looked at in isolation and New Zealand exists in a very different context to us. Their immigration polices help to ensure that people who enter the country are protected through a buddy scheme. The "Sex Workers’ Lobby" rarely acknowledges the examples closer to home, such as the Netherlands and Germany, which have tried less successfully to legalise and regulate the industry. It simply has not worked; Amsterdam has acknowledged that there is an huge illegal market and that women are still being abused. Looking at the UNODC report on trafficking it is clear that The Netherlands is seen as a more attractive destination than Sweden. The most conservative estimate is that 8 per cent out of the entire industry is comprised of trafficked individuals - that is more than 1,000 people, but it could be many more. This does not take into account the huge number of people coerced into the industry due to poverty. There is a similar story in Germany, a recent documentary into the industry revealed that decriminalisation has increased demand and actually made sex cheaper. The brothel owners are the people benefiting from this, not the prostitutes.

It has been claimed that Human Rights Groups and the UN have called for the decriminalisation of prostitution and that my Bill is going against them. This again is not the full story. My Bill is not criminalising the women (and men) being prostituted, but rather the clients that are fuelling the industry. The organisations quoted state that they are against the increased criminalisation of victims of this industry - so am I!  

I do not claim that my Bill would be a silver bullet in tackling the abuse of prostitution. It needs to be coupled with greater education, more exit services and initiatives that help to tackle the vast inequalities that still remain in our society that coerce people into prostitution. It is clear to me that dealing with demand will help. The "Sex Workers’ Lobby’s" arguments against my Bill need to be scrutinised and we should ask how their arguments are actually going to help protect those vulnerable people who are being repeatedly abused on a daily basis. Is it in their financial interest that this abuse continues?

Rhoda Grant is the Labour Member of the Scottish Parliament for the Highlands and Islands

The Scottish Parliament. Photograph: Getty Images
Nicola Sturgeon. Photo: Getty
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For the first time in decades, there is genuine dissent in Scottish Nationalist ranks

The First Minister is facing pressure to talk less about independence - and bring on new talent in her party.

She so recently seemed all-powerful, licensed to reign for as long as she chose, with the authority to pursue the return of our national sovereignty. We would then have the ability to strike our own deals on our own terms, a smaller, smarter, leaner nation freed from the stifling constraints of partnership with a much larger neighbour. There was, she repeatedly told us, nothing to be afraid of.

Now, suddenly, she is the victim of her own miscalculation: having misread the public mood, having raced too far ahead of moderate opinion, she finds herself at bay. The voters have delivered a public humiliation, while an opposition party until recently lampooned as unelectable is on the march. There is, suddenly, talk of her departure sooner rather than later.

Yes, this is a tough time to be Nicola Sturgeon…

Let’s not overstate it. The position of Scotland’s First Minister is considerably more secure than that of the UK’s Prime Minister. Theresa May wants out as soon as is feasible; Sturgeon, one suspects, will have to be dragged from Bute House. Sturgeon retains enough respect among the public and support among her colleagues to plough on for now. Nevertheless, things are not what they were before the general election and are unlikely ever to return to that happy state.

It’s all because of Scexit, of course. Sturgeon’s unseemly sprint for the indy finishing line left enough Scottish voters feeling… what? Mistreated, taken for granted, rushed, patronised, bullied… so much so that they effectively used June 8 to deliver a second No vote. With the idea of another referendum hanging around like a bad headache, the electorate decided to stage an intervention. In just two years, Sturgeon lost 40 per cent of her Westminster seats and displaced half a million votes. One could almost argue that, by comparison, Theresa May did relatively well.

For the first time in decades, there is genuine dissent in Nationalist ranks. Tommy Sheppard, a former Labour Party official who is now an influential left-wing SNP MP, published an article immediately after the general election calling on the First Minister to ‘park’ a second referendum until the Brexit negotiations are complete. There are others who believe the party should rediscover its talent for the long game: accept the public mood is unlikely to change much before the 2021 devolved elections, at which point, even if the Nats remain the single largest party, Holyrood might find itself with a unionist majority; concentrate on improving the public services, show what might be done with all the powers of an independent nation, and wait patiently until the numbers change.

There are others – not many, but some – who would go further. They believe that Sturgeon should take responsibility for the election result, and should be looking to hand over to a new generation before 2021. The old guard has had its shot and its time: a party with veterans such as Sturgeon, John Swinney and Mike Russell in the key jobs looks too much like it did 20 years ago. Even the new Westminster leader, Ian Blackford, has been on the scene for donkey’s. There are more who believe that the iron grip the First Minister and her husband, SNP chief executive Peter Murrell, have on the party is unhealthy – that Murrell should carry the can for the loss of 21 MPs, and that he certainly would have done so if he weren’t married to the boss.

The most likely outcome, given what we know about the First Minister’s nature, is that she will choose something like the Sheppard route: talk less about independence for the next 18 months, see what the Brexit deal looks like, keep an eye on the polls and if they seem favourable go for a referendum in autumn 2019. The question is, can a wearied and increasingly cynical public be won round by then? Will people be willing to pile risk upon risk?

As the hot takes about Jeremy Corbyn’s surprise election performance continue to flood in, there has been a lot of attention given to the role played by young Britons. The issues of intergenerational unfairness, prolonged austerity and hard Brexit, coupled with Corbyn’s optimistic campaigning style, saw a sharp rise in turnout among that demographic. Here, Scotland has been ahead of the curve. In the 2014 referendum, the Yes campaign and its can-do spirit of positivity inspired huge enthusiasm among younger Scots. Indeed, only a large and slightly panicked defensive response from over-65s saved the union.

That brush with calamity seems to have been close enough for many people: many of the seats taken from the Nats by the Scottish Tories at the general election were rural, well-to-do and relatively elderly. The modern electorate is a fickle thing, but it remains rational. The Corbynites, amid their plans for total world domination and their ongoing festival of revenge, might bear that in mind.

Chris Deerin is the New Statesman's contributing editor (Scotland). 

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