Scottish Government Faces Backlash Over Prostitution Bill Rejection

The Scottish Government is under scrutiny for its decision not to support a proposed Bill aimed at criminalising the purchase of sex. This move has drawn sharp criticism from campaigners, including Susan Smith, director of For Women Scotland, who described the Government’s stance as “absolutely shameful.” The proposed legislation, introduced by independent Member of the Scottish Parliament (MSP) Ash Regan, seeks to impose fines of up to £10,000 or potential prison sentences for individuals convicted of buying sex.

Smith, who played a pivotal role in securing a landmark victory at the Supreme Court in April 2025, is urging the Scottish Government to endorse Regan’s Bill. She argues that the proposed changes could significantly reduce violence against women and provide practical solutions to combat exploitation.

Community Safety Minister Siobhian Brown previously stated that the Government “strongly supports the principle of legislating to criminalise purchasers of sex.” However, she expressed “significant concerns” regarding Regan’s proposals, fearing that if the Bill is enacted, it could drive sex workers underground, potentially increasing their risk of harm.

While the Government has acknowledged the need for legislative change, Smith contends that their lack of action is disappointing. She stated, “While a lot of people will pay lip service to issues such as tackling violence against women, when they are actually pressed to do something real and practical, they are running away from it.”

The director emphasised that the Scottish Government has a unique opportunity to align its actions with its stated beliefs regarding prostitution. Instead, she feels they are merely suggesting amendments rather than actively engaging with the Bill.

Support for Regan’s initiative appears robust. She noted the backing of Police Scotland, the Crown Office and Procurator Fiscal Service, various women’s organisations, frontline support services, and crucially, survivors of exploitation. Regan remarked on the “striking” level of support for what she has termed the “Unbuyable” Bill.

She highlighted that the Scottish Government’s Equally Safe strategy, which aims to tackle violence against women and girls, contradicts its hesitance to act on evidence that links the reduction of demand for prostitution to improved safety for vulnerable women and children. “Survivors and colleagues across Parliament have expressed strong support for making what they describe as a small but critical reform to Scotland’s laws on prostitution and exploitation,” Regan said.

Discussions are ongoing regarding the possibility of allowing MSPs a free vote on the Bill. Regan maintains that women who have endured trauma from rape, grooming, trafficking, and other forms of exploitation deserve a Parliament that will engage in serious, constructive debate about these issues.

In response to the criticism, a spokesperson for the Scottish Government reiterated, “The victims minister has made it clear that we support the criminalisation of the purchasing of sex. This aligns with our Equally Safe strategy, which views prostitution as a form of violence against women and girls.” They added that as a private member’s Bill, it is not a Government initiative, but the Government has provided its views during Parliamentary scrutiny. They indicated that significant amendments would be necessary for the Bill to gain the confidence of Parliament.

The debate surrounding this legislation highlights the complexities of addressing issues of prostitution, safety, and women’s rights in Scotland. With strong community support and a pressing need for action, the future of the Bill remains uncertain as discussions continue.