Scottish government confirms it will not back prostitution offences bill

The Scottish government will not support a bill that would criminalise paying for sex, it has confirmed.

The Prostitution (Offences and Support) (Scotland) Bill, tabled by independent MSP Ash Regan, is unlikely to pass without the government's backing.

Victims and Community Safety Minister Siobhian Brown said while the government backs the fundamental principle of the bill, it has concerns about enforcement and the risk of violence against sex workers.

Regan has said the bill would deliver "transformative progress in tackling male violence against women and girls".

In Scotland, soliciting in public, "kerb crawling" and brothel-keeping are illegal but paying for sex and arranging for it online are legal.

Under Regan's proposals, a new offence would be created and the existing offence of soliciting or importuning by prostitutes would be repealed.

MSPs will vote on the bill's general principles on Tuesday. It would need to pass two more stages of parliamentary scrutiny to become law.

Although a small number of SNP MSPs are expected to rebel and vote for the bill, it is unlikely to pass without government support, with the Greens opposed to the plans.

'Higher risk of violence'

In a letter to Holyrood's Criminal Justice Committee, Brown said: "The Scottish government has concluded that whilst we support the fundamental principle of criminalising the purchase of sex, we still retain significant concerns with the provisions as drafted in the bill, and are very aware that there are women in prostitution who have said that this bill as drafted will lead to them being at a higher risk of violence.

"With only weeks left in this parliamentary term, we do not think there is sufficient time left in this session to be able to amend the bill to properly mitigate that risk as well as make other very necessary changes. Consequently, we are regretfully unable to support it at stage one."

Brown said the government had doubts about whether a new offence could be "adequately enforced", raising particular concerns over online activity.

She committed that ministers would table a bill to criminalise paying for sex "as early as possible" in the next parliament if the SNP returns to government following May's election.

Brown added that the government needed more time to consider the implications of repealing the existing criminal offence.

Regan said: "The vote is about the principles only.

"On a day when the world is recoiling at the Epstein scandal, the government has chosen to side with the abusers against the victims."