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Chamber and committees

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 4 May 2021
  6. Current session: 13 May 2021 to 18 December 2025
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Displaying 1585 contributions

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Criminal Justice Committee [Draft]

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

Meeting date: 19 November 2025

Siobhian Brown

From what I have heard, they could potentially do that. You have heard evidence from women in that regard. I do not want to go into detail about the reasons why that is, because I am sure that you have heard such detail.

Criminal Justice Committee [Draft]

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

Meeting date: 19 November 2025

Siobhian Brown

We are not looking at that at the moment, no.

Criminal Justice Committee [Draft]

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

Meeting date: 19 November 2025

Siobhian Brown

Pardoning is complex, and that is why we need to have more engagement. If we did decriminalise—

Criminal Justice Committee [Draft]

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

Meeting date: 19 November 2025

Siobhian Brown

That is fine.

Even in the unlikely scenario where a section 46 offence was deemed relevant by the police for the purposes of a level 2 PVG—protecting vulnerable groups—scheme disclosure, the individual would have the right to request a review of that or other relevant information before it is disclosed to an employer. Inclusion of such information is subject to a statutory test.

I need to reiterate that the new Police Scotland approach prioritises women’s safety and routing them to support, as opposed to criminalising them, and convictions for such an offence are therefore less likely to be accrued, given the general policing approach to such behaviour. I can provide further information on that. The same approach applies if an individual is asked by someone, for example, an employer, to self-declare their convictions. A section 46 conviction does not need to be self-declared once it is spent, regardless of the time of disclosure or the role. A system of disregards could be considered, which would introduce a process whereby convictions could be removed entirely from ever having to be disclosed in the criminal records check. However, that would have to be developed for the bill. It could be considered, but it is not something that we have been doing any work on. That would have to be for the member in charge.

A level 2 PVG disclosure, which is commonly referred to as a “PVG scheme”, is a legal requirement for people in a regulated role with children or protected adults, such as a teacher, a nursery or day-care worker, a volunteer, a childminder, a social worker, a doctor, a dentist, a sports coach or an adult care-home worker. A PVG scheme shows any unspent convictions, certain spent convictions, any notification requirements, unspent cautions and other relevant information that is held by the police. Those who are on a barred list for work with children or adults or who are under consideration for inclusion on the barred list for work with children or protected adults, or who have been served any prescribed civil court order, are members of the protecting vulnerable groups scheme, and members of the PVG scheme are subject to continuous monitoring in that situation.

I can move on to level 2 from the barred list check. Do you want me to keep going, convener?

Criminal Justice Committee [Draft]

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

Meeting date: 19 November 2025

Siobhian Brown

One of the things that the member has acknowledged is the increase in online prostitution. If it is 80 per cent now—

Criminal Justice Committee [Draft]

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

Meeting date: 19 November 2025

Siobhian Brown

I have raised those concerns previously. There is an evolving world online. We face challenges today that we did not face a decade ago, and there will be new challenges in 10 years’ time. When the Nordic model was introduced in Sweden in 1999, the online business that we have now did not exist, so that was not taken into consideration. It is a huge worry that we have to be on top of these days.

Criminal Justice Committee [Draft]

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

Meeting date: 19 November 2025

Siobhian Brown

Yes, but I have raised concerns—there are elements that we agree with and elements that we want further detail on. It would be premature for me to be dismissive of Ms Regan’s bill at this stage and to say that we will commit to carrying it over into the next parliamentary session. I am not against doing that and would be happy to do so if the SNP were in government in the next session, but that commitment would have to come from the First Minister. However, I can commit that there will be on-going work on how we can legislate in the future is this bill does not pass.

Criminal Justice Committee [Draft]

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

Meeting date: 19 November 2025

Siobhian Brown

We engage regularly with Police Scotland, especially on operation begonia, and also with the Crown Office. I will bring Jeff Gibbons in, as he is the one who has those discussions.

Criminal Justice Committee [Draft]

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

Meeting date: 19 November 2025

Siobhian Brown

Yes.

Criminal Justice Committee [Draft]

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

Meeting date: 19 November 2025

Siobhian Brown

I would have to see the detail. At this stage, I am staying neutral and will not commit the Government to supporting the bill. Once I have the detail, I will consider it.