Labour clamp down on prostitution 'would drive trade underground'

A police chief and a prostitute support service rejected the plans, which would make it a criminal offence to engage in, advertise or facilitate paid-for sexual activity.

Lothian and Borders Police Assistant Chief Constable Iain Livingstone said further consultation was necessary and expressed fears that new legislation would only serve to drive prostitution further underground.

Mr Livingstone said: "We do have some concerns that you will increasingly drive, or potentially drive, more prostitution further off-street, so it's harder to identify vulnerable women."

He also said that he believed police had sufficient powers to deal with prostitution and, if the legislation were to be approved, officers would robustly enforce it, but he did express concerns about evidence-gathering.

"We do have fears about the potential to prosecute," Mr Livingstone said.

He added: "We're not sure how it would work actually in practice and enforcement. Would it cause further harm, would it be so difficult... would the crown be in a position to take the case?"

Despite being supportive of the "overall principle" about banning adverts for sex, Mr Livingstone thought the legislation was "narrowly-worded". He added: "I still have an anxiety about legislating for a social phenomena."

George Lewis, co-chair of Scot-PEP, an education project for prostitutes, said Labour MSP Trish Godman's amendments for the Criminal Justice and Licensing (Scotland) Bill would not tackle the real problems.

He said: "It just feels like a blunt instrument... it will not work in addressing real issues of trafficking and violence."

Mr Lewis said legislation risked driving prostitution "to the fringes" and said police powers were sufficient to combat issues such as trafficking and assault.

He said: "Certainly, amongst academic and legal submissions, there's a perception that these amendments have been tacked on to something that is much bigger.

"I think the complexity is such that all the amendments should be rejected in full at the moment, but in favour of some much wider consultation."

He also told the Justice Committee that he couldn't see that "putting another layer of legislation" would do anything to help trafficked prostitutes or help them be identified.

However, Ann Hamilton, head of equalities and women's services for Glasgow Community and Safety Services, said there was a need for additional powers, particularly in relation to advertising.

She said: "What we'd like to see is something that challenges the acceptability of prostitution. At the moment, buying sex is seen as something that men do, that is an entitlement and causes no harm.

"We really want a clear message that that isn't the case, that by buying sex you are impacting or supporting organised crime, harm to women and their families."