Ash Regan MSP has introduced the Prostitution (Offences and Support) (Scotland) Bill. In summary, the Bill would create a new offence of paying for sexual acts. This would be an offence aimed at those who seek to buy sexual services.

The Bill would also repeal the existing offence under section 46 of the Civic Government (Scotland) Act 1982 of loitering, soliciting or importuning in a public place for the purposes of prostitution. This is an offence which has been used to prosecute those selling their sexual services. People who have been convicted of this offence in the past would have their convictions quashed.

Additionally, Scottish Ministers will need to ensure that a person who is, or has been, in prostitution is provided with help and support. That may include accommodation, financial assistance, healthcare or legal advice and representation.

RCN members debated this issue at our annual Congress in 2019 and passed a motion calling for the RCN to lobby for the decriminalisation of both the sellers and buyers of sex; a position that does not align with the proposals in the Bill. 

Our members work in all areas of healthcare, and many who participated in the Congress debate gave examples of their direct care of those who have been involved in sex work. Those who spoke in favour of decriminalisation argued that it results in a safer environment for all involved.

However, it is important to note that the vote was not unanimous, with those speaking against the motion arguing that criminalising the purchase of sex is more effective at ending demand for sex work and that buying sex and brothel running are human rights abuses.