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Prostitution bill to be toughened Restrictions on buying sex backed
(about 14 hours later)
The Scottish Executive has confirmed it will toughen up legislation against kerb crawlers following criticism from a Holyrood committee. MSPs have voted to support a new law to make kerb-crawling illegal in order to criminalise the purchaser of sex for the first time.
The Prostitution Bill, which will be debated in parliament at stage one, will criminalise the buyer for the first time. Members voted in favour of the general principles of the Prostitution Bill.
A loitering offence will be extended to cover kerb crawlers who have the intention of buying sex. Men convicted could lose their driving licence and have their cars seized. The maximum penalty for clients will also double to £1,000.
The maximum penalty for clients will also be doubled to £1,000. Opposition MSPs described the Scottish Executive's decision to toughen up the law as a u-turn.
The bill was previously criticised by the local government and transport committee, which claimed the wording would mean clients in private cars would not be prosecuted. The changes come after Holyrood's local government committee, which examined the bill, warned that it would fail unless it was altered.
The committee also called for tougher sentencing for kerb crawlers, with the onus put firmly on the buyer rather than the sex worker. Sex purchasers
'Complex problem' The offence of loitering will be extended to cover kerb-crawling with the intention of seeking a prostitute.
George Lyon, the deputy minister for finance and parliamentary business, admitted that prostitution was a complex problem, which could not be resolved by legislation alone. The new offence will only apply to the purchasers of sex, and the existing law will be kept to deal with the prostitutes themselves.
However, he said the new laws were the best way forward. The legislation was debated at its first stage in the Scottish Parliament on Wednesday.
Mr Lyon added: "We have taken the unprecedented step of taking a tough approach to target those who create the demand. This bill will send a clear signal that we consider their behaviour unacceptable and it will help protect the communities affected by street prostitution. The SNP's Fergus Ewing, who was on the committee that criticised the original bill, said the issue was one of violence against women.
"Only by tackling the demand can we reduce the number of women who become involved in street prostitution and increase the level and support for women wanting a route out prostitution." We have to ensure that men are prosecuted, that men are turned into criminals, that men face the full force of the law Fergus EwingSNP MSP
Minister for Finance and Public Service Reform Tom McCabe confirmed that following concerns raised by members of the local government committee, amendments would be proposed. He said: "We have to ensure that men are prosecuted, that men are turned into criminals, that men face the full force of the law."
"The committee also have concerns about the operation of informal management zones," he added. Mr Ewing added that the bill as drafted had effectively offered a defence to kerb-crawlers stating that no offence was committed if the person buying sex was in a motor vehicle which was "not public transport".
"I am pleased that the Crown Office and the Association of Chief Police Officers have indicated they would review enforcement policy and practice, including the operation of any managed zones, such as the one in Aberdeen, in light of any new offence passed by the Scottish Parliament." Local Government Minister Tom McCabe said that the new law would apply throughout Scotland, after concerns that it may not be enforced in informal prostitution management zones.
The executive has also produced guidance for local authorities on how to tackle prostitution at a local level and help women find viable alternatives. Mr McCabe said: "The only management zone currently in operation is in Aberdeen.
"Grampian Police and Aberdeen City Council have already indicated that they will review its operation in light of the bill."
Great disappointment
Independent Lothians MSP Margo MacDonald said the bill was a "great disappointment".
The veteran politician, who previously called for formal prostitution tolerance zones to be established, questioned the bill's ability to cut the number of men buying sexual services.
She told the chamber: "The bill fails to achieve the means whereby duties of care can be exercised towards sex workers who have the right not to be beaten and injured, and the general community that has every right not to be alarmed or annoyed by the activities surrounding prostitution."
Green MSP Mark Ballard told parliament he was "very disappointed" with the proposed legislation
He said: "As a parliament, we have really ducked the issue about whether selling and buying sex is illegal, or whether we can tolerate it as long as it happens in a way that doesn't cause public nuisance."