The Scottish government has confirmed it will not back a proposed bill intended to make paying for sex a criminal offence. This legislation, introduced by independent MSP Ash Regan and known as the Prostitution (Offences and Support) (Scotland) Bill, is unlikely to succeed without official government support.

Siobhian Brown, the Minister for Victims and Community Safety, acknowledged the government’s agreement with the bill’s core principle but expressed concerns regarding enforcement challenges and the potential increase in violence against sex workers. Brown highlighted that women involved in prostitution have warned the bill, as currently drafted, might escalate their risk of harm. She emphasized that with limited parliamentary time remaining, there isn’t enough opportunity to amend the bill effectively to address these issues, leading the government to withhold its support at this initial stage.

Currently, in Scotland, activities such as soliciting in public places, kerb crawling, and brothel-keeping are illegal; however, paying for sex and arranging it online remain lawful. Regan’s proposal aims to introduce a new offence concerning the purchase of sex while repealing the existing law that criminalises soliciting or importuning by sex workers themselves. The bill is set for a vote on its general principles soon and would require additional stages of review and approval before becoming law. Despite some anticipated support from a minority of SNP MSPs, the bill faces opposition from the Greens and the lack of government endorsement diminishes its chances of passage.

Brown’s letter to the Criminal Justice Committee underlined the government’s doubts about the feasibility of enforcing a new offence, especially regarding online transactions. She assured that if the SNP remains in power after the upcoming election in May, ministers plan to introduce legislation aimed at criminalising the purchase of sex early in the next parliamentary session. Meanwhile, Regan defended her bill’s principles, stating firmly: “The vote is about the principles only.” She also criticized the government’s stance, saying, “On a day when the world is recoiling at the Epstein scandal, the government has chosen to side with the abusers against the victims.

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