This morning, I published a consultation, which is the first step towards bringing a new Bill before the Scottish Parliament. My proposed new law is the Prostitution Law Reform (Scotland) Bill, which I have developed with the sex-worker-led charity SCOTPEP to promote the safety and uphold the rights of people selling sex in Scotland. It seeks to reform and repeal existing laws, which criminalise activities associated with sex work, and introduce more robust safeguards against coercion and exploitation.
The consultation document includes details of my proposals, and questions that I’d like you to respond to to help develop and improve the Bill. The closing date for responses is Tuesday 1st December. To download the consultation, click here.
It is important to stress that this proposed Bill does not argue that the sex industry is free from violence and exploitation. Sex workers themselves can amply testify to the fact that both are present in the context of their work. Criminalisation itself has been recognised to create a fertile ground for human rights abuses to flourish. This proposed Bill represents a practical solution to these issues and it has been guided by what people currently selling sex say that they need. The focus, therefore, is first and foremost on safety and rights.
Sex workers’ vulnerability to violence is often treated as an argument for further criminalisation, but in fact sex workers are made vulnerable to violence by criminalisation. My proposed Bill adopts an evidenced-based approach to the issue and is grounded in an awareness of the multiple harms caused by criminalisation. It encourages the authorities in Scotland to switch their attention away from arresting and prosecuting sex workers and towards protecting them from violence.
More than ten years ago New Zealand adopted world-leading legislation, based on pragmatic policy positions supported by sex workers themselves, and this approach has since been widely recognised to have delivered substantial material benefits for sex workers and for society. My proposed Bill looks to replicate the success of the New Zealand model in Scotland: a set of laws and policies which prioritise the safety, rights and health of people currently selling sex.
The key elements of the proposed bill are:
- Permit small groups of sex workers (up to four) to work together from the same premises, and for larger premises to be licensed. Currently, even two sex workers who work together for safety are criminalised for brothel-keeping – forcing sex workers to work alone increases their vulnerability to violence.
- Scrap laws against soliciting and kerb-crawling. Evidence shows both measures reduce the amount of time sex workers have to assess their safety and agree services, which again increases their vulnerability to violence.
- Extend protection against coercion, which only applies to female sex workers under current legislation, and make those provisions more robust – in line with what sex workers say they need.
- Permit sex workers to have joint finances with their families or flatmates. Currently the partners and family of sex workers are criminalised, which is isolating and stigmatising, and assumes coercion rather than tackling coercion directly.
I’m very grateful to have already received support for the Bill from HIV Scotland, NUS Scotland, the European Network of Sex Work Projects, and individual sex workers in Scotland. This consultation is your opportunity to give your views on the ideas in the proposed Bill, and to help refine and add to those ideas. I hope the consultation will generate a lively and positive discussion on how best to keep sex workers safe.
It’s essential that policy debates are led by those most affected. That’s why I have listened above all to sex workers themselves in formulating these proposals, and I am particularly keen to receive consultation responses from sex workers.
Please do download the full consultation document, and add your views and experience to this important discussion.
My hope for this process is that we can produce a Bill which will pave the way for a legislative framework which affirms and upholds the rights, safety and health of everyone who sells sex in Scotland: a piece of legislation fit for a forward-thinking and progressive nation.