Unspun

Why is debate around Ash Regan's Prostitution Bill so toxic?

Independent MSP Ash Regan introduced her 'Unbuyable Bill' last year to Holyrood <i>(Image: Graphic: Derek McArthur)</i>
Independent MSP Ash Regan introduced her 'Unbuyable Bill' last year to Holyrood (Image: Graphic: Derek McArthur)
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Why exactly is the debate around Ash Regan's "Unbuyable Bill" so toxic?

The discussion around the sensitive subject of sex work quickly became polarised and highly-charged.

But is it inevitable that it is so divisive?

After all the two sides of the debate are in broad agreement that they want to protect vulnerable women who turn to sex work to survive.

Ms Regan's Prostitution (Offences and Support) (Scotland) Bill proposes a radical shake-up of laws around prostitution. Currently, activities such as kerb-crawling, soliciting and brothel-keeping are illegal while it is not illegal in itself to buy or sell sex.


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The former SNP and Alba MSP, who now sits as an independent, is seeking to bring in the so-called 'Nordic Model', inspired by the approach first taken in Scandinavan countries, which would make it an offence to pay for sexual services, while repealing the offence of soliciting.

She also wants people convicted of soliciting offences to have their offences quashed and for ministers to ensure that a person who is, or has been, in prostitution is provided with help and support such as with accommodation, financial assistance, healthcare or legal advice and representation.

Her bill also proposes a penalty for anyone convicted of buying sex with offenders facing a prison sentence of up to 12 months and/or a fine of up to £10,000.

Ms Regan's view is that sex work is inherently a form of violence to women and has no place in contemporary Scotland.


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But a major hurdle for Ms Regan has been the opposition from outside Holyrood.

While Police Scotland, the Catholic Church, the Evangelical Alliance Scotland, For Women Scotland and Cosla, are among the bill's supporters, other influential organisations do not back it - critically those who represent sex workers themselves.

Fundamentally, many sex workers, mostly women, but also some men and non-binary people, do not agree that Ms Regan's legislation will improve their lives, with many arguing that full decriminalisation is the most effective way to reduce harm.

The two sides of the debate are even at odds over the most basic point - what to call someone who sells sex.

Ms Regan's preferred term of prostitute is disputed by those involved in the selling of sex, who prefer the term "sex workers" believing it is more respectful to them.

Sex workers repeatedly argue that by making it a criminal offence to buy sex, clients may refuse to hand over their correct details in advance of meeting, (as they could then be traced by the police and prosecuted), preventing them from doing any background checks, and thus leaving them more vulnerable to punters with a history of violence.

Their warnings raised alarm bells with four members of Holyrood's criminal justice committee - all SNP MSPs including convener Audrey Nicoll, a former detective - saying evidence that the legislation could harm women “cannot be ignored”, and because there was not enough time left in the parliamentary session to make necessary change they refused to back it.

Their position prompted an outpouring of anger from Ms Regan who accused her former party colleagues, Ms Nicoll, Fulton McGregor, Rona Mackay and Jamie Hepburn of "siding with grooming gangs, pimps, sex traffickers and sex buyers”.

It was the type of statement that raised the temperature around the bill making it harder for MSPs to reach a consensus on a way forward.

Would it not have been better for Ms Regan to engage with the concerns of sex workers and her former party colleagues - ones subsequently shared by the Scottish Government - that her proposals fail to deal with the complexity of why some people end up doing sex work and that rather than improving their situation, her legislation may make their lives worse?

But by launching personal attacks on former colleagues, accusing them of "siding with grooming gangs, pimps, sex traffickers and sex buyers”, Ms Regan did not promote rational discussion that such an important subject needed.

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