Justice committee says human trafficking bill should not ban purchase of sex

Campaigners have called for the practice to be made illegal as part of the Human Trafficking and Exploitation Bill but MSPs have said the bill was not appropriate for dealing with the purchase of sex.

A committee report said: “While we note that this issue may be worthy of further review and detailed consultation, we are of the view that this bill is not the correct vehicle for taking the matter forward.

“The criminalisation of the purchase of sex would have implications beyond the matters dealt with in this bill.”

However, the committee did support the general principles of the bill, which seeks to establish an offence of human trafficking and raise the maximum penalty for human traffickers to life imprisonment.

Prosecutors would be given guidance from the lord advocate on dealing with trafficked people forced to commit crimes.

Earlier this month, the lord advocate, Frank Mulholland QC, published draft guidelines for prosecutors on alleged offences committed by possible human trafficking victims.

But serious crimes, including violence and sexual offences, may rebut the presumption, the instructions state.

However, some, including, the dean of the Faculty of Advocates, James Wolffe QC, have argued that a statutory defence for trafficking victims should be created - as is the case in England.

He said in March that “The concern is that without a statutory defence, protection for victims in this jurisdiction may be less than in other parts of the UK.”

He added: “We’re already in a position where, in terms of the formal structures in place, the victim in Scotland may be less well protected against the possibility that the prosecutor may make a misjudgment.”

The committee said arguments for the lord advocate’s guidelines, on the one hand, and a statutory defence on the other were both “persuasive” and called on the justice secretary Michael Matheson to give further consideration to the issue.

In addition, the committee recommended the bill account for child victims but added that a separate offence of child trafficking was unnecessary.

Committee convener Christine Grahame said: “Human trafficking and exploitation are serious, complex crimes which know no borders.

“We welcome the Scottish government’s efforts to tackle this illicit trade, to identify and bring to justice the perpetrators and to support the victims.”

She added: “While we very much support the aims of the bill, we have made a number of recommendations aimed at clarifying the single offence of trafficking, strengthening the protection provided to victims and setting out more clearly what support will be available, particularly for child victims.

“In addition, while the issue of criminalising the purchase of sex came up in our evidence sessions, the committee is clear that, notwithstanding the arguments around that area, this particular bill is not an appropriate vehicle for addressing that important issue.”