Ash Regan’s proposed law to criminalise the purchase of sex has been dealt a serious blow after Scotland’s prosecution service, civil servants, and the Community Safety Minister all raised major concerns about its impact and enforceability.
The Prostitution (Offences and Support) (Scotland) Bill, currently under scrutiny at Holyrood, is facing growing opposition, not just from sex workers and campaigners, but from the very people who would have to enforce it.
In written evidence to MSPs, the Crown Office and Procurator Fiscal Service (COPFS) warned the bill could create false expectations around prosecutions, and said Scotland would likely face the same challenges seen in Ireland and Northern Ireland, where similar laws have failed to reduce demand.
“COPFS is concerned that police and prosecutors in Scotland will face similar evidential barriers,” the submission stated.
The Crown Office also rejected claims by Ms Regan that sex workers would not be expected to testify in court.
Prosecutors said that in many cases, their evidence would be required to prove intent particularly when incidents happen “off street” with no clear admission.
Community Safety Minister Siobhian Brown added her own concerns, citing low conviction rates in Ireland and rising concerns around cost and complexity.
“The recent review on prostitution legislation in Ireland highlighted the ‘resource intensive’ nature of police investigations,” she wrote, warning that Ms Regan had underestimated how much time and money such a law would take to enforce.
Ms Brown also challenged Ms Regan’s estimate that cases could be dealt with using just six hours of police time, when the UK average is over 60.
The bill proposes a “Nordic Model” approach, which criminalises the purchase of sex but not the act of selling it.
Sex worker organisations and trade unions say the model drives the industry underground, making workers more vulnerable and less likely to report exploitation or violence.
The Public and Commercial Services Union, which represents over 25,000 civil servants in Scotland, also came out firmly against the bill.
In its submission to the Criminal Justice Committee, the union wrote:
“Criminalising the purchasing of sex is at odds with the campaign to decriminalise sex work in the UK… and pushes workers into more dangerous or precarious conditions.”
The PCS union joins others including UCU, CWU, RCN, GMB, ASLEF and Equity in supporting decriminalisation, arguing that the focus should be on safety, not punishment.
Lynsey Walton, chief executive of sex worker safety charity National Ugly Mugs, said the warnings from Scotland’s institutions should be taken seriously.
“The minister, the Crown Office and the union representing her officials have all now rejected Ash Regan’s unrealistic claims,” she said.
“The evidence from other countries is clear: the Nordic Model makes life more dangerous for sex workers by criminalising clients and driving the sector underground.
“MSPs must listen.”
