Chamber
Plenary, 28 Feb 2007
28 Feb 2007 · S2 · Plenary
Item of business
Prostitution (Public Places) (Scotland) Bill
I am sure that members will agree that it cannot be right that the law criminalises sellers while remaining silent on the purchasers who exploit them and who cause disruption and alarm to our communities. That is why, in 2003, we made a partnership commitment to make kerb crawling a criminal offence in Scotland. The bill will deliver on that commitment. For the first time, we will have specific offences that will bring to bear the full force of the law in tackling kerb crawling.
During the bill's passage, we have worked closely with the Local Government and Transport Committee—I thank its members for their thorough scrutiny of the bill and their detailed stage 1 report. We acknowledged the committee's concerns about the bill as introduced and, in order to address them, we worked with it to amend it at stage 2. Our amendments have strengthened the bill by increasing the maximum penalty that will be available to the courts; by applying the offence to purchasers only; by removing the requirement for the behaviour to be likely to cause alarm, offence or nuisance; and by strengthening the loitering offence.
The bill will provide Scotland with the toughest legislation in the United Kingdom on tackling kerb-crawlers. It will send an unequivocal message to those who purchase sex on our streets that their behaviour will no longer be tolerated. We believe that it will act as a deterrent to those who seek to do so.
The criminal law has an important role in tackling street prostitution, but everyone—not least the Association of Chief Police Officers in Scotland and the expert group on prostitution—agrees that the criminal law on its own cannot address this complex problem. It requires a holistic approach that addresses all aspects of the problem. It is for that reason that we also, when we introduced the bill, issued draft guidance for local authorities and their community planning partners—including health boards, police forces and local community and voluntary groups—to help them tackle street prostitution. The guidance identifies five essential components for any local strategy: challenging demand; preventing vulnerable individuals from becoming involved; reducing the harm that is experienced by those who are involved; assisting them to leave; and protecting communities from the nuisance and disturbance that are associated with street prostitution.
During the bill's passage, we have worked closely with the Local Government and Transport Committee—I thank its members for their thorough scrutiny of the bill and their detailed stage 1 report. We acknowledged the committee's concerns about the bill as introduced and, in order to address them, we worked with it to amend it at stage 2. Our amendments have strengthened the bill by increasing the maximum penalty that will be available to the courts; by applying the offence to purchasers only; by removing the requirement for the behaviour to be likely to cause alarm, offence or nuisance; and by strengthening the loitering offence.
The bill will provide Scotland with the toughest legislation in the United Kingdom on tackling kerb-crawlers. It will send an unequivocal message to those who purchase sex on our streets that their behaviour will no longer be tolerated. We believe that it will act as a deterrent to those who seek to do so.
The criminal law has an important role in tackling street prostitution, but everyone—not least the Association of Chief Police Officers in Scotland and the expert group on prostitution—agrees that the criminal law on its own cannot address this complex problem. It requires a holistic approach that addresses all aspects of the problem. It is for that reason that we also, when we introduced the bill, issued draft guidance for local authorities and their community planning partners—including health boards, police forces and local community and voluntary groups—to help them tackle street prostitution. The guidance identifies five essential components for any local strategy: challenging demand; preventing vulnerable individuals from becoming involved; reducing the harm that is experienced by those who are involved; assisting them to leave; and protecting communities from the nuisance and disturbance that are associated with street prostitution.
In the same item of business
The Deputy Presiding Officer (Trish Godman):
Lab
The next item of business is a debate on motion S2M-5629, in the name of Tom McCabe, that Parliament agrees that the Prostitution (Public Places) (Scotland) ...
The Deputy Minister for Finance, Public Service Reform and Parliamentary Business (George Lyon):
LD
The Prostitution (Public Places) (Scotland) Bill is an important bill that will address an imbalance in the current law on street prostitution. At present, o...
The Deputy Presiding Officer:
Lab
Order. I ask members who are leaving the chamber to do so quietly.
George Lyon:
LD
I am sure that members will agree that it cannot be right that the law criminalises sellers while remaining silent on the purchasers who exploit them and who...
Fergus Ewing (Inverness East, Nairn and Lochaber) (SNP):
SNP
Can the minister give a little more detail about the announcement this afternoon of the additional £1 million? Can he say in what financial year it will be a...
George Lyon:
LD
If the member waits, I will come to that as I go through my speech.I am aware that there has been some concern about whether the resources are in place to en...
Margo MacDonald (Lothians) (Ind):
Ind
I appreciate the Executive's intention, but how does the minister think the third objective that he outlined will be achieved unless direct contact can be ma...
George Lyon:
LD
Clearly, as the member is well aware, it is important that services are available to those who are involved in prostitution. Indeed, much work goes on in all...
Fergus Ewing (Inverness East, Nairn and Lochaber) (SNP):
SNP
The bill will end the double standard whereby a prostitute can be charged with a criminal offence but the man who purchases sex cannot. We all welcome that. ...
George Lyon:
LD
Does the member acknowledge that the bill as introduced created an offence of kerb crawling, whereby men driving in their cars could be prosecuted and convic...
Fergus Ewing:
SNP
Under the provisions on kerb crawling in the bill as introduced, it would have been a defence that the person was driving in a car, whereas a person on a bus...
David McLetchie (Edinburgh Pentlands) (Con):
Con
I was interested in Mr Ewing's remarks about our imperial Parliament, as he called it. I simply point out that the present emperor is Scottish, that the next...
Margo MacDonald:
Ind
Will the member be of the same opinion as to the validity of driving street prostitution underground if women are killed and more women are beaten up and vio...
David McLetchie:
Con
I certainly do not want that to happen. We await the information that may come—for example from the case involving the horrific murders in Ipswich—about the ...
Bristow Muldoon (Livingston) (Lab):
Lab
In my speech at stage 1, I indicated to Parliament that I believed that the bill as initially drafted had major problems, many of which were highlighted in t...
Margo MacDonald (Lothians) (Ind):
Ind
The bill should be quietly voted down. The Executive admits that the bill in front of us is radically different from the one bearing the same name, introduce...
Mr Frank McAveety (Glasgow Shettleston) (Lab):
Lab
I understand Margo MacDonald's passion and commitment, but I disagree profoundly with her analysis of and perspective on the issue.When I first became an MSP...
Frances Curran (West of Scotland) (SSP):
SSP
The amended bill is a vast improvement on its original form and is moving in the right direction. Society's attitude to prostitution and the definition of it...
Iain Smith (North East Fife) (LD):
LD
I welcome the opportunity to explain why I cannot support the bill.Before voting on the bill, members need to ask themselves some key questions. Is the bill ...
Mark Ballard (Lothians) (Green):
Green
This is now a little bill with a very big title.I join in the tributes paid to the expert group and its work to examine how we can provide genuine solutions ...
Fergus Ewing:
SNP
Will the member give way?
Mark Ballard:
Green
I do not have enough time.Although the bill may deal with red light districts, will it deal with or simply move street prostitution? It will make it more dif...
Mike Rumbles (West Aberdeenshire and Kincardine) (LD):
LD
I had always thought that kerb crawling was already a statutory offence in Scotland. It is not, but the bill will close the gap in our legislation. Until now...
Margo MacDonald:
Ind
Does the member agree with Fergus Ewing that the purchase of sex should be a crime? I quote exactly.
Mike Rumbles:
LD
No.Bristow Muldoon said that Fergus Ewing was trying to grandstand, which I thought was unfair. He was not trying to grandstand—he was grandstanding.
Fergus Ewing:
SNP
Will the member give way?
Mike Rumbles:
LD
Yes—grandstand again, Fergus.
Fergus Ewing:
SNP
I am curious about whether Mr Rumbles will explain why it is wrong for a man to purchase sex on the street, but right for him to do so in a sauna.
Mike Rumbles:
LD
I do not think that we want to ban the purchase of sex, per se, across the country in all circumstances.
Stewart Stevenson (Banff and Buchan) (SNP):
SNP
We have already done that for 16 and 17-year-olds.