MSP consults on new approach to prostitution law

An independent MSP has opened a public consultation on a proposed member's bill that would change the approach of the law to regulating prostitution.

Jean Urquhart, independent member for the Highlands and Islands, wants Scotland to adopt the New Zealand model which, rather than criminalising activities associated with prostitution, comprises, she says, "a set of laws and policies which prioritise the safety, rights and health of people currently selling sex".

Her proposals include:

• allowing up to four sex workers to operate from the same premises, and a higher number with an appropriate licence – thus reducing the risk of violence and theft, as at present sex workers can only operate on their own while remaining within the law;
• repealing provisions that severely limit the time street-based workers have to assess safety and agree services with clients, which have led, she believes, to increased levels of violence;
• strengthening measures against coercion, replacing the current provision against procuring (which is gender specific) "to make it easier for genuine cases of exploitation, force and coercion to be prosecuted and the perpetrators convicted"; and
• permitting sex workers to have joint finances with their families, as the current prohibition does not meet the reality of sex workers' lives and is an inefective protection against coercion.

"More than 10 years ago New Zealand adopted world‐leading legislation, based on pragmatic policy positions supported by sex workers themselves, and this approach has since been widely recognised to have delivered substantial material benefits for sex workers and for society", Ms Urquhart writes in the foreword to her paper.

"This proposed Bill adopts an evidenced‐based approach to the issue and is grounded in an awareness of the multiple harms caused by criminalisation. It encourages the authorities in Scotland to switch their attention away from arresting and prosecuting sex workers and towards protecting them from violence."

Click here to view the consultation. Responses are due by 1 December 2015.