Alba MSP Ash Regan made waves last week after introducing her ‘Unbuyable’ bill, which would criminalise the buying of sex in Scotland — while scrapping laws which target those who engage in prostitution.
Regan, who has described sex work as “commercial sexual exploitation”, wants the Scottish Government to adopt the ‘Nordic model’.
Pioneered in Sweden in 1999, the ‘Nordic model’ criminalises the act of buying sex while decriminalising its sale. The model was subsequently adopted by Norway, Iceland, Canada, Northern Ireland, France, Ireland and Israel.
Some sex workers have criticised the proposed legislation, saying it could force them underground — and make their lives more dangerous.
Regan, who argues that prostitution is undergirded by “male violence against women”, has said she wants her legislation to become law before the end of the current parliamentary session in 2026.
AJ Whyte, from Stirling, said: “I'm in two minds about it, honestly.”
“I think decriminalising it is the first step to protecting sex workers who are trapped in the industry. It's the same as abortion, it will always happen but decriminalising it helps with the stigma and allows more people to accept help.”
Emily McKay, who is a fourth year University of Aberdeen student, agrees.
“In my opinion, most women don’t turn to sex work unless they really have to”, she said.
“It'd be more helpful to offer support to pull people out of poverty. I think it’s sort of similar to abortion where criminalising it won’t make it disappear. It just makes it harder for folk to find support and makes it more dangerous.”
Beth Templeton, also from Aberdeen, backs the bill.
She said: “I think that Ash Regan’s proposal appears as if it will protect sex workers. By putting the criminality on men who exploit these women, it protects women and targets the structural issue prostitution sits within, rather than further punishing the women.
However, Beth did share one concern about the bill, noting: “If there isn’t increased protections for sex workers alongside this bill, there is the danger of these women being exploited further by men willing to pay a higher price for services.
“If they can pair it with other benefits and programs for work then it may well help.”
According to the Scottish Government, the legislation would “create a new offence of paying for sexual acts”.
Currently, it is not illegal to buy sex in Scotland. However, it is illegal to run brothels, solicit or purchase sexual services in public, or cause others to join the sex industry.
The legislation would repeal Section 46 of the Civic Government (Scotland) Act 1982, effectively decriminalising the sale of sex in public.
Historic convictions for prostitution would be quashed, and the Scottish Government would be required to provide “assistance and support” for sex workers.
Some young women have questioned Alba’s role in crafting the legislation.
Kirsten Koss told The Herald: “Rather than criminalising and stigmatising what is often a symptom of social issues, Regan would do better to challenge the Scottish Government around its approach to resolving the issues that force women into sex work.
“Frankly, Alba is increasingly moving in a troubling direction when it comes to women. Policies such as these amount to misogyny, under the guise of ‘protecting women from men’.
“Instead we should tackle the reasons that these men feel this behaviour is acceptable, and the societal issues that cause women to become victims of such treatment.”
They said: “Sex workers face a working environment that can be extremely dangerous. When someone who does sex work faces abuse and rape and other forms of sexual assault, they may feel unable to disclose the abuse or seek justice due to the status of legality of their work. They are already a highly stigmatized group of people.”
There has been robust debate over the efficacy of the Nordic model. Speaking to Good Morning Scotland, Regan compared Sweden, the first proponent of the approach, to Germany, which decriminalised sex work in 2002.
Regan noted that no sex workers had been killed in Sweden this century, compared to Germany, where 99 have been murdered.
However, a 2022 report by Amnesty International contends that a 2017 law criminalising the purchase of sex in Ireland did not protect sex workers from exploitation, but actually created a “higher risk of abuse and violence” for sex workers.
The report read: “Sex workers frequently described being forced to engage in more risky behaviours as a result of client criminalization.
“Sex workers often do not engage with the police for fear of being charged with brothel keeping or other offences under the 2017 Act, despite the government’s claims that it ‘decriminalized’ sex work.”
“This bill, and bills like it, have operated in various contexts in other countries and proven it does not work”, she said. “Like many policy areas, this represents another attempt of our political elite to dictate to those living their lives, what does and does not keep them safe.
“Particularly in this case, it represents yet another attempt of wealthy politically privileged ‘feminists’, dictating to women based on little more than their idea of how the world should work - not how it works in actuality.
“It is incredibly important that policy in this area is led by the safety, dignity and autonomy of sec workers themselves, not on what our political elites think will be ‘good for them’.”
READ MORE on the 'Unbuyable' bill
- 'It shouldn't be illegal for men to buy sex' - Ash Regan bill makes no sense
- Ash Regan claims fellow MSPs are buying sex as she introduces Nordic Model bill
- Ash Regan claims Greens’ role in Scottish Government 'blocked prostitution reform'
- The Nordic Model explained as sex workers protest proposal to introduce new law
Beth agrees with Regan’s view that prostitution is a systemic issue which “perpetuates male violence”.
She said: “Regan does seem to recognise this so the protections for women need to be the same protections for women who are sexually assaulted/ abused.
“Although it is ‘work’ it is often work that has been due to limited choices for women and a lack of support within the system.
“There can’t just be a blanket solution of criminalising men, there needs to be real work and effort put in for the protection of women.”
Eden added: “I don't think sex work should be encouraged, but it is also an inevitability in society. We must protect vulnerable people wherever they're at, and sometimes that means facing a morally grey area.
“When we can reduce the harm done to vulnerable people in society like sex workers through law, it may seem vulgar or like we're making it ‘more acceptable’, but I believe it prevents unnecessary deaths."
