Amendment 31 would make it an offence to pay for the sexual services of a person. This is to address the demand for commercial sex, which feeds the trafficking of individuals, particularly women and girls, into and within the United Kingdom.
Both the Council of Europe convention and the EU directive on trafficking call for states to adopt measures to address the demand for exploitation that fosters trafficking. National referral mechanism statistics clearly demonstrate that since 2009 paid sex has consistently been the most prevalent form of exploitation experienced by victims of trafficking in the United Kingdom. It accounts for around 40% of victims and around 60% of female victims. The National Crime Agency strategic threat assessment of the nature and scale of human trafficking, published in September, reports victims being sexually exploited in brothels, in hotels, on the streets and in private residences. The NCA report is clear that of all forms of trafficking identified in this country, sexual exploitation is the most prevalent.
The Government have taken steps to address the demand for labour exploitation through the supply chains provision—which of course I completely welcome
and support—but what are we doing to address the demand for sexual exploitation? In 2009 I supported the introduction of Section 14 of the Policing and Crime Act, which made it an offence to pay for sex with someone who is coerced. This might sound like the perfect solution but it has not worked in practice. Evidence of that was clear from those who contributed to an all-party parliamentary group inquiry, of which I was part, which ran from 2013 to 2014. We published our report in March this year and I encourage noble Lords to review its findings. The number of convictions under this offence has been very low. In 2012-13 there was not a single prosecution or conviction. This offence has not done what we hoped it would do.
In considering the law on prostitution our all-party group heard evidence that a Section 14 offence is complex and difficult to prove, and we concluded:
“There are inadequate deterrents for individuals controlling others in prostitution for gain and for those deriving demand from the sex trade. This promotes the UK as a lucrative destination for trafficking with the purpose of sexual exploitation, both domestically and internationally”.
I for one certainly do not want this country to be considered a lucrative destination for traffickers, and I am sure many noble Lords would agree.
I want to set out why I think Amendment 31 is the best option. In 2009 research in London with 103 men who buy sex, 77% of them agreed that a greater criminal penalty would deter them from purchasing sex, while only 47% said that they would be deterred by being required to attend an educational programme. There is strong international evidence that this offence can work, not only by reducing the instance of prostitution and deterring trafficking but, vitally, by creating a culture change, which is the main contributor to reducing demand.
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The official independent evaluation of the Swedish law in 2010 highlighted the following positive effects. First, on-street prostitution was found to have been cut by half as a direct result of the criminalisation of sex purchases. Secondly, there was no evidence that the decrease in on-street prostitution had led to an increase in off-street prostitution. Thirdly, fewer men stated that they had purchased sexual services. Fourthly, more than 70% of the Swedish population indicated that they continued to support this law. Fifthly, compared with similar and neighbouring countries, trafficking in Sweden is on a substantially smaller scale than might be expected. Moreover, the Swedish police report that the law on the purchase of sexual services acts as a barrier to human traffickers who happen to be considering establishing themselves in Sweden.
I do not deny that prostitution still exists in Sweden but it is clear to me that the effect of the sex purchase law has been positive. An independent evaluation of a similar law in Norway published this summer has similar findings. The approach initiated in Sweden now operates in Norway and Iceland. In October, the Northern Ireland Assembly voted overwhelmingly to introduce this type of law there and it was announced last week that the Republic of Ireland is to bring forward proposals for similar laws. A comparable law is also currently before the French Parliament.
Particularly noteworthy is a Bill introduced by Stephen Harper’s Conservative Government in Canada that has a similar effect to Amendment 31. It received Royal Assent on 6 November and will be operational shortly. Speaking to the Canadian Parliament’s Justice Committee about the Bill, the Conservative Justice Minister, Peter MacKay, said that the Bill,
“reflects a fundamental shift towards the treatment of prostitution as a form of sexual exploitation that disproportionately and negatively impacts marginalized groups and individuals”.
I could not agree more. The need for such a shift is also reflected in the title of our all-party group report, Shifting the Burden, which calls for changes to the law on prostitution to ensure that the burden of criminality falls on pimps, traffickers and buyers rather than the most vulnerable people.
The model in this amendment of criminalising purchase and supporting people to leave prostitution has also been endorsed by resolutions of the Council of Europe and the European Parliament in the past year and is supported across the political spectrum. The Council of Europe resolution on prostitution, trafficking and modern slavery in Europe, which was passed by an overwhelming majority on 8 April, states clearly that,
“trafficking in human beings and prostitution are closely linked … legislation and policies on prostitution are indispensable anti-trafficking tools”,
and proposes,
“criminalising the purchase of sexual services, based on the Swedish model, as the most effective tool for preventing and combating trafficking in human beings”.
This is not a niche Scandinavian approach; it is a model of legislation which directs the full force of the law on those who exploit others through prostitution by trafficking, pimping and buying.
Some critics of this approach may say that this is a sledgehammer to crack a nut and that it will disproportionately affect many people in prostitution who have not been trafficked. In addition to the links between prostitution and trafficking which I have already mentioned, it is my belief that the evidence I have seen indicates that the majority of individuals in prostitution today are victims of exploitation of one form or another. Data from the Home Office and multiple academic studies demonstrate that the majority of people who sell sex are incredibly vulnerable and subject to real exploitation. For example, Home Office figures reveal that homelessness, living in care, debt and substance abuse are all common experiences prior to entering prostitution.
Many of those in prostitution have suffered abuse or violence in the home. Home Office data show that as many as 85% of people in prostitution have experienced physical abuse in the family home, with 45% reporting familial sexual abuse. In a 2012 study of 114 women in prostitution in London, 50% said that they had experienced some form of coercion through trafficking or from a partner, pimp or relative. The same study found that 32% of those interviewed had entered the sex industry before the age of 18. Other studies have found higher numbers than this. For example, a 2004 UK study found a figure of 52%. Numerous studies have found that between 50% and 95% of women in street prostitution are addicted to class A drugs.
These statistics were echoed by the huge array of evidence which our all-party group inquiry received. While some respondents to our inquiry indicated that it was a wilful choice to enter prostitution, the evidence our inquiry heard chimes with that in the Home Office and multiple academic studies, which all illustrate that the majority of those who sell sex are incredibly vulnerable and subject to real exploitation.
Sadly, the voice of the vulnerable and exploited majority is rarely heard in these debates. The current law is drafted in such a way that it assumes exploitation to be the exception rather than the rule and is not designed to protect the vulnerable. I believe that we need a law that will provide that protection as its primary aim. We have to make a choice between laws which serve the interests primarily of the buyers and only a minority of those selling sex, or choose instead to make laws that will protect the vulnerable majority of those in prostitution.
I agree with the resolution of the European Parliament, passed in February, which states that,
“prostitution, forced prostitution and sexual exploitation are highly gendered issues and violations of human dignity, contrary to human rights principles”.
I believe that we need to create a culture shift to deter men—almost all buyers are men—from buying sex and sending a strong signal about the dignity and human rights of people to be free from sexual exploitation.
Amendment 31 also calls for the development of a strategy to assist people to exit prostitution—a vital component of this approach. This is a key aspect of the operation of the law in Sweden. Both the Council of Europe and the European Parliament resolutions call for the development of specific assistant programmes to help people to get out. As our APPG report highlighted, there is a need to improve access and signpost services designed to help people exit prostitution, so that many more individuals are invited and assisted to get out.
I believe that Amendment 31 sets out the best way forward. This approach is supported by a broad section of society, including women’s groups, trade unions, survivors of prostitution and trafficking and organisations that support them. It is fast gaining mainstream support across the world. I very much hope that we will be among those who reform our laws in order to reduce demand for prostitution, which provides the context for exploitation and trafficking.
I welcome Amendment 31A in the name of the noble Lord, Lord Rosser, which calls for a review of the law on prostitution with regard to its impact on trafficking for sexual exploitation. Our all-party group inquiry opened the window on to this problem and I hope that the Minister will respond positively to these amendments and commit to further investigation.