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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Single parent families are already struggling - universal credit is making things worse

Austerity and financial hardship are not inevitable – politicians have a choice.

“I don’t live, I merely keep existing”. So says one single parent in Gingerbread’s final report from a project tracking single parent finances since 2013. Their experience is typical of single parents across the country. The majority we surveyed are struggling financially and three-quarters have had to borrow from friends, family or lenders to make ends meet.

This is not the story that the government wants to hear. With a focus on a jobs boom and a promise to "make work pay", a relentlessly positive outlook shines from the DWP. The reality is somewhat different. Benefit cuts have taken their toll, and single parents have been among the hardest hit. Estimates suggest over six per cent of their annual income was lost through reforms under the 2010-15 government. The 2015 Summer Budget cuts will add another 7.6 per cent loss on top by 2020, even after wage and tax gains.

What’s more, for all the talk of tackling worklessness, working families have not escaped unscathed. Single parent employment is at a record high – thanks in no small part to their own tenacity in a tough environment. But the squeeze on incomes has hit those in work too. The original one per cent cap on uprating benefits meant a single parent working part-time lost around £900 over three years. Benefits are now frozen, rapidly losing value as inflation rises. On top of stagnant and often low pay and high living costs, it’s perhaps unsurprising that we found working single parents surveyed just as likely to run out of money as those out of work – shockingly, around half didn’t have enough to reach the end of the month.

Single parent families – along with many others on low incomes – are being pushed into precarious financial positions. One in eight single parents had turned to emergency provision, including payday lenders and food banks. Debt in particular casts a long shadow over families. A third of single parents surveyed were behind on payments, and they described how debt often lingers for a long time as they struggle to pay it off from already stretched budgets.

All of this may be depressingly familiar to some – but it comes at something of a crossroads for politicians. With the accelerated roll-out of universal credit around the corner, the government risks putting many more people under significant strain – and potentially into debt. Encouragingly, the increasing noise around the delays to a first payment is raising red flags across political parties. Perhaps most alarming is that delays are not purely administrative, but deliberate – they reflect in-built, intentional, cost-saving measures. These choices serve no constructive purpose: they risk debt and anxiety for families the government intended to help, and costs for the services left to pick up the pieces.

But will the recent warning signs be enough? Despite new data showing around half of new claimants needed "advance payments" (loans to deal with financial hardship while waiting for a first payment), the Department for Work and Pensions stuck doggedly to its lines, lauding the universal credit project that “lies at the heart of welfare reform to help “people to improve their lives”.

And, as valuable as additional scrutiny is, must we wait for committees to gather and report on yet more evidence, and for the National Audit Office to forensically examine and report on progress once again? The reality is glaringly evident. Families have already been pushed to the brink without universal credit. Those entering the new system – and those supporting them, including councils – have made it abundantly clear that moving onto universal credit makes things worse for too many.

This is not to dismiss universal credit in its entirety. It’s hard to argue with the original intention to simplify the benefit system and make sure work pays. It was always going to be an ambitious (possibly over-ambitious) project. But salami slicing the promised support – from the added seven day "waiting period" for a first payment, to the slashed work allowances intended to herald improved work incentives – leaves us with a system that won’t merely overpromise and under-deliver, but endanger many families’ already fragile financial security. The impact should not be underestimated – this is not just about finances, but families’ lives and the emotional stress and turmoil that can follow.

With increasing political and economic uncertainty, with Brexit looming, this is not the time for petty leadership squabbles, but a time to reassure voters and revitalise the government’s promises to the nation. The DWP committed to a "test and learn" approach to rolling out universal credit – to pause and fix these urgent problems is no U-turn. And of course, the Prime Minister promised a transformed social justice agenda, tackling the "burning injustices" of the day. Nearly all of the UK’s 2 million single parent families will be eligible for universal credit once it is fully rolled out; making this flagship support fit for purpose would surely be a good place to start.

Sumi Rabindrakumar is a research officer at single parents charity Gingerbread.