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
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Richard Dawkins: We need a new party - the European Party

I was unqualified to vote in the EU referendum. So at least now we should hear from experts. 

It is just conceivable that Brexit will eventually turn out to be a good thing. I gravely doubt it, but I’m not qualified to judge. And that is the point. I wasn’t qualified to vote in the referendum. Nor were you, unless you have a PhD in economics or are an expert in a relevant field such as history. It’s grotesque that David Cameron, with the squalidly parochial aim of silencing the Ukip-leaning wing of his party, gambled away our future and handed it over to a rabble of ignorant voters like me.

I voted – under protest, because I never should have been asked to vote, but I did. In line with the precautionary principle, I knew enough to understand that such a significant, complex and intricate change as Brexit would drive a clumsy bull through hundreds of delicate china shops painstakingly stocked up over decades of European co-operation: financial agreements, manufacturing partnerships, international scholarships, research grants, cultural and edu­cational exchanges.

I voted Remain, too, because, though ­ignorant of the details, I could at least spot that the Leave arguments were visceral, emotional and often downright xenophobic. And I could see that the Remain arguments were predominantly rational and ­evidence-based. They were derided as “Project Fear”, but fear can be rational. The fear of a man stalked by a hungry polar bear is entirely different from the fear of a man who thinks that he has seen a ghost. The trick is to distinguish justified fear from irrational fear. Those who scorned Project Fear made not the slightest attempt to do so.

The single most shocking message conveyed during the referendum campaign was: “Don’t trust experts.” The British people are fed up with them, we were told. You, the voter, are the expert here. Despicable though the sentiment was, it unfortunately was true. Cameron made it true. By his unspeakable folly in calling the referendum, he promoted everyone to the rank of expert. You might as well call a nationwide plebiscite to decide whether Einstein got his algebra right, or let passengers vote on which runway the pilot should land on.

Scientists are experts only in their own limited field. I can’t judge the details of physics papers in the journal Nature, but I know that they’ve been refereed rigorously by experts chosen by an expert editor. Scientists who lie about their research results (and regrettably there are a few) face the likelihood that they’ll be rumbled when their experiments are repeated. In the world of science, faking your data is the cardinal sin. Do so and you’ll be drummed out of the profession without mercy and for ever.

A politician who lies will theoretically get payback at the next election. The trouble with Brexit is that there is no next election. Brexit is for keeps. Everyone now knows that the £350m slogan on the Brexit bus was a barefaced lie, but it’s too late. Even if the liars lose their seats at the next election (and they probably won’t), Brexit still means Brexit, and Brexit is irreversible. Long after the old people who voted Leave are dead and forgotten, the young who couldn’t be bothered to vote and now regret it will be reaping the consequences.

A slender majority of the British people, on one particular day in June last year when the polls had been going up and down like a Yo-Yo, gave their ill-informed and actively misled opinion. They were not asked what they wanted to get into, only what they wanted to get out of. They might have thought “Take back control” meant “Give control back to our sovereign parliament, which will decide the details”. Yes, well, look how that’s working out!

“The British people have spoken” has become an article of zealous faith. Even to suggest that parliament should have a little bitty say in the details is hysterically condemned as heresy, defying “the people”. British politics has become toxic. There is poison in the air. We thought that we had grown out of xenophobic bigotry and nationalistic jingoism. Or, at least, we thought it had been tamed, shamed into shutting its oafish mouth. The Brexit vote signalled an immediate rise in attacks on decent, hard-working Poles and others. Bigots have been handed a new licence. Senior judges who upheld the law were damned as “enemies of the people” and physically threatened.

Am I being elitist? Of course. What’s wrong with that? We want elite surgeons who know their anatomy, elite pilots who know how to fly, elite engineers to build safe bridges, elite athletes to win at the Olympics for Team GB, elite architects to design beautiful buildings, elite teachers and professors to educate the next generation and help them join the elite. In the same way, to decide the affairs of state, as we live in a representative democracy, we can at least hope to elect elite parliamentarians, guided and advised by elite, highly educated civil servants. Not politicians who abdicate their democratic responsibility and hand important decisions over to people like me.

What is to be done? Labour, the so-called opposition, has caved in to the doctrine of “the British people have spoken”. Only the Lib Dems and SNP are left standing. Unfortunately, the Lib Dem brand is tarnished by association with Cameron in the coalition.

Any good PR expert would prescribe a big makeover, a change of name. The “Euro­pean Party” would attract Labour voters and Labour MPs disillusioned with Jeremy Corbyn. The European Party would attract Europhile Tory MPs – and there are plenty of them. The European Party would attract a high proportion of the 48 per cent of us who voted Remain. The European Party would attract big donations. The European Party might not win the next election, but it would stand a better chance than Labour or the Lib Dems under their present name. And it would provide the proper opposition that we so sorely need.

This article first appeared in the 30 March 2017 issue of the New Statesman, Wanted: an opposition