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Official Report: search what was said in Parliament

The Official Report is a written record of public meetings of the Parliament and committees.  

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Dates of parliamentary sessions
  1. Session 1: 12 May 1999 to 31 March 2003
  2. Session 2: 7 May 2003 to 2 April 2007
  3. Session 3: 9 May 2007 to 22 March 2011
  4. Session 4: 11 May 2011 to 23 March 2016
  5. Session 5: 12 May 2016 to 5 May 2021
  6. Current session: 12 May 2021 to 2 July 2025
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Displaying 1175 contributions

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Criminal Justice Committee [Draft]

Prevention of Domestic Abuse (Scotland) Bill: Stage 1

Meeting date: 25 June 2025

Liam Kerr

Thank you for that—perhaps you could send that data to the committee. As I said, in the consultation, expert organisations have told us that that evidence is not there, so that would be helpful.

The current situation is that the disclosure scheme for domestic abuse in Scotland gives people the right to ask about the background of their partner and find out whether someone has a history of domestic abuse. It also gives Police Scotland the power to tell people that they may be at risk; they do not even need to ask.

That raises a question. What would the introduction of the notification and monitoring requirements in your bill add to the current landscape?

Criminal Justice Committee [Draft]

Prevention of Domestic Abuse (Scotland) Bill: Stage 1

Meeting date: 25 June 2025

Liam Kerr

Before he does, I note that your answer suggests that any issue with the existing scheme is due to a lack of knowledge and awareness of what is already there. If that is right, surely what is needed is not more legislation that arguably does a similar thing but better knowledge and awareness among people about what to do and where to go if they find themselves in a certain situation.

Criminal Justice Committee [Draft]

Prostitution (Offences and Support) (Scotland) Bill: Stage 1

Meeting date: 25 June 2025

Liam Kerr

I am grateful.

Criminal Justice Committee [Draft]

Prostitution (Offences and Support) (Scotland) Bill: Stage 1

Meeting date: 25 June 2025

Liam Kerr

Several highly experienced organisations, however, have responded to your consultation and suggested that, if a law such as the one that your bill proposes were to be brought in, it could compromise safety and even increase the risk of violence against those involved. How do you respond to that? Is there at least a possibility that similar legislation has driven practices underground—that prostitution has not decreased but has simply been driven underground where it is not so known about—which could explain the statistics that you have just adduced?

Criminal Justice Committee [Draft]

Prostitution (Offences and Support) (Scotland) Bill: Stage 1

Meeting date: 25 June 2025

Liam Kerr

That data seems crucial to me. If the data exists—

Criminal Justice Committee [Draft]

Prevention of Domestic Abuse (Scotland) Bill: Stage 1

Meeting date: 25 June 2025

Liam Kerr

On that exact issue, Pauline McNeill has talked about implementation of good, well-meaning schemes. However, I think that we can all agree that the failure to implement the Caledonian scheme—which Rona Mackay asked about—is deeply regrettable. Pam Gosal mentioned earlier that the 2021 act cannot be implemented because it was poorly drafted.

Is there a risk, therefore, that bringing in further legislation in that context that layers on further safeguards and provisions—which are very important—would simply mean that we would have more schemes that, ultimately, would not be brought in fully? That could be more negative than not bringing the bill forward at all.

Criminal Justice Committee [Draft]

Prostitution (Offences and Support) (Scotland) Bill: Stage 1

Meeting date: 25 June 2025

Liam Kerr

Ash Regan, I completely understand the point that you made in response to Rona Mackay’s question much earlier in the session about the quashing of convictions, which is dealt with in sections 4 and 5, but there is a lot of writing from a legal perspective around lex temporis, which means that the law at the time of the offence should govern the legality. For me, the logical progression of that would mean that quashing convictions retrospectively could undermine legal certainty, authority and trust in the legal system and that it could undermine the law’s neutrality and make it more of a moral judgment. How do you respond to that challenge to sections 4 and 5?

Criminal Justice Committee [Draft]

Prostitution (Offences and Support) (Scotland) Bill: Stage 1

Meeting date: 25 June 2025

Liam Kerr

Good morning. Ash Regan, I can entirely understand the premise of what your bill seeks to achieve, and I find myself sympathising with an awful lot of what you have said in your set-up.

According to your policy memorandum, your bill will

“reduce the amount of prostitution in Scotland”.

However, that begs a question. What evidence can you provide to the committee that your new offence and the repeal of the existing offence will reduce the number of people who are involved in prostitution?

Criminal Justice Committee [Draft]

Prostitution (Offences and Support) (Scotland) Bill: Stage 1

Meeting date: 25 June 2025

Liam Kerr

Correlation is not causation. However, if you could supply data that shows France bringing in legislation and then having a decline in prostitution, that would be very helpful for the committee.

Criminal Justice Committee [Draft]

Prevention of Domestic Abuse (Scotland) Bill: Stage 1

Meeting date: 25 June 2025

Liam Kerr

Pam Gosal, on your point that the provisions in your bill would act as a deterrent, I note that you based the notification requirements on those in the Sexual Offences Act 2003. Some organisations, in their responses to the consultation, have said that there is no evidence that those requirements have had an impact on the behaviour of offenders, and thus your proposals would not reduce or prevent domestic abuse offending. How do you respond to that? Do you have evidence to show that your proposals would have such an impact?