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
Photo: Getty
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The rise of the green mayor – Sadiq Khan and the politics of clean energy

At an event at Tate Modern, Sadiq Khan pledged to clean up London's act.

On Thursday night, deep in the bowls of Tate Modern’s turbine hall, London Mayor Sadiq Khan renewed his promise to make the capital a world leader in clean energy and air. Yet his focus was as much on people as power plants – in particular, the need for local authorities to lead where central governments will not.

Khan was there to introduce the screening of a new documentary, From the Ashes, about the demise of the American coal industry. As he noted, Britain continues to battle against the legacy of fossil fuels: “In London today we burn very little coal but we are facing new air pollution challenges brought about for different reasons." 

At a time when the world's leaders are struggling to keep international agreements on climate change afloat, what can mayors do? Khan has pledged to buy only hybrid and zero-emissions buses from next year, and is working towards London becoming a zero carbon city.

Khan has, of course, also gained heroic status for being a bête noire of climate-change-denier-in-chief Donald Trump. On the US president's withdrawal from the Paris Agreement, Khan quipped: “If only he had withdrawn from Twitter.” He had more favourable things to say about the former mayor of New York and climate change activist Michael Bloomberg, who Khan said hailed from “the second greatest city in the world.”

Yet behind his humour was a serious point. Local authorities are having to pick up where both countries' central governments are leaving a void – in improving our air and supporting renewable technology and jobs. Most concerning of all, perhaps, is the way that interest groups representing business are slashing away at the regulations which protect public health, and claiming it as a virtue.

In the UK, documents leaked to Greenpeace’s energy desk show that a government-backed initiative considered proposals for reducing EU rules on fire-safety on the very day of the Grenfell Tower fire. The director of this Red Tape Initiative, Nick Tyrone, told the Guardian that these proposals were rejected. Yet government attempts to water down other EU regulations, such as the energy efficiency directive, still stand.

In America, this blame-game is even more highly charged. Republicans have sworn to replace what they describe as Obama’s “war on coal” with a war on regulation. “I am taking historic steps to lift the restrictions on American energy, to reverse government intrusion, and to cancel job-killing regulations,” Trump announced in March. While he has vowed “to promote clean air and clear water,” he has almost simultaneously signed an order to unravel the Clean Water Rule.

This rhetoric is hurting the very people it claims to protect: miners. From the Ashes shows the many ways that the industry harms wider public health, from water contamination, to air pollution. It also makes a strong case that the American coal industry is in terminal decline, regardless of possibile interventions from government or carbon capture.

Charities like Bloomberg can only do so much to pick up the pieces. The foundation, which helped fund the film, now not only helps support job training programs in coal communities after the Trump administration pulled their funding, but in recent weeks it also promised $15m to UN efforts to tackle climate change – again to help cover Trump's withdrawal from Paris Agreement. “I'm a bit worried about how many cards we're going to have to keep adding to the end of the film”, joked Antha Williams, a Bloomberg representative at the screening, with gallows humour.

Hope also lies with local governments and mayors. The publication of the mayor’s own environment strategy is coming “soon”. Speaking in panel discussion after the film, his deputy mayor for environment and energy, Shirley Rodrigues, described the move to a cleaner future as "an inevitable transition".

Confronting the troubled legacies of our fossil fuel past will not be easy. "We have our own experiences here of our coal mining communities being devastated by the closure of their mines," said Khan. But clean air begins with clean politics; maintaining old ways at the price of health is not one any government must pay. 

'From The Ashes' will premiere on National Geograhpic in the United Kingdom at 9pm on Tuesday, June 27th.

India Bourke is an environment writer and editorial assistant at the New Statesman.

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