Ash Regan's bill and evidence from France

Ash Regan's bill has been rejected by Scottish MSPs. So now there is no chance of having the Nordic Model in Scotland for the foreseeable future, not that there was much chance to begin with. I have been finding out what she has been telling people, and this document shows it more than any other that I have found. It is a transcript of a committee meeting from late last year.

"We can look at Sweden. After the buyers were criminalised, the share of men paying for sex fell by almost half, and Sweden now has one of the smallest prostitution markets in Europe."

This is not true. She may be referring to the surveys in Sweden that showed a drop from 12.7% to 7.6% between 1996 and 2008 in the proportion of Swedish men who had paid for sex at some time in their life (not 'men paying for sex'). Or she may be referring to the drop in the number of street-based sex workers. I have dealt with this extensively on other parts of this blog so I won't go over it again.

There is something new that I wish to talk about. Many people are saying that the reason why the Nordic Model failed in Ireland, both North and South, is because of lack of enforcement. Ash Regan has been telling people that France is different, France has enforced the law and it is working there.

"Other countries are not having trouble with enforcement. The latest statistics that I saw from France, which has not had the law in place for nearly as long as Sweden has, show that it has convicted 5,000 men. I know that France is a large country in comparison with Ireland and Scotland, so the context is different, but it shows us that enforcement of these offences is possible."

Again this is not true. There may have been thousands of fines but there haven't been thousands of convictions. If a man pays the on‑the‑spot fine there is no conviction. If a man doesn't pay the fine he often gets away with it. Many buyers simply ignore the notice. Enforcement agencies often lack the resources to chase non‑payment.

Then there is the question of increased violence against sex workers in France since the Nordic Model was introduced in 2016. It does look as if violence has increased. Ten sex workers were murdered in France in 2019. All of them were street-based sex workers (working on the street or in a park but not indoors), even though outdoor sex workers are a small minority of all sex workers.

It seems that the police in France have been going after men in Paris who pay for sex with street-based sex workers, leaving the men who pay for sex with indoor sex workers untouched. In any country, street based sex workers are only between 10% and 20% of sex workers.

"Most of the arrests take place in the public space (and not online) within the scope of street prostitution."

It seems that women are being forced off the streets and into flats. This is what happened in Ireland in 1993. I don't like street prostitution, I don't have anything to do with that, so I would not get arrested in France especially outside of Paris. The one advantage of street-based sex work and the reason why some women chose it is independence.

Before 1993 in Ireland there were many street-based sex workers. They were nearly always independent. When they were forced to work indoors many of them needed pimps. If they couldn't afford to rent a flat or to advertise they had to go to work for a pimp who could. So the 1993 law increased the number of pimps in Ireland.

You can read about this in Rachel Moran's book Paid For and in the research done in the 1990s by Ann Marie O'Connor and her colleagues. What you can't read in the book or the research is anything like 'They lose most of their earnings to the pimp who is controlling them and become addicted to mind-numbing substances simply to endure the disassociation and develop complex post-traumatic stress disorder'. Or any of the other unrealities of prostitution outlined by MSP Michelle Thomson in the last few days in this debate.

I believe that this happened in Sweden in 1999, was made worse in Ireland in 2017, and would happen in Scotland too if Ash Regan managed to get her way. The pimps are benefitting from the Nordic Model. Pimps like it when women can't be independent.

I don't want to see more pimping. I want to see more women working without pimps, working together for safety, making the rules for themselves and keeping the profits for themselves. That can't happen with the Nordic Model, the only way it can happen is with decriminalisation. Or just stop arresting young women for 'brothel-keeping': you'd think that we could all agree on that.

"These fines "are very unevenly distributed across the territory," notes the Observatory led by the Interministerial Mission for the Protection of Women against Violence and the Fight against Human Trafficking (Miprof). A majority of them (58%) were issued in Paris, while over the same period no fines were recorded in 36 departments, he said.

For the secretary general of Miprof, Roxana Maracineanu, "it is clear that the victims of "prostitutional violence" are "still largely invisible, going under the radar of the security forces and the public authorities in general"."

Pimping is spreading over the Internet, as it says below. Prostitution of minors is on the increase.

"However, in some parts of France, the law continues to be only partially implemented: the criminalisation of 'clients' remains largely inadequate and too heterogeneous across the country, and pimping is spreading over the Internet."

"The digitalisation of the prostitution system goes hand in hand with the increasing digitalisation of society. As a result, the victims of prostitution are increasingly invisible, as are the "clients" and the pimps. All stages of prostitution are now dematerialised: recruitment of victims on social networks, advertisements published on specialised platforms, appointments arranged by SMS and encrypted messages, etc. This new reality is forcing associations working in the field to adapt by developing digital outreach services. At the same time, while France ranks as the 2nd country in the world in terms of pornography consumption, FACT-S observes that pornography has become the most commonplace and violent form of online prostitution."

The above two paragraphs come from a report called The impact of the abolitionist law in France: Report by FACT-S 2025. It came out less than a year ago. It is not an official government report but put together by different NGOs. You would expect it to be biased in favour of the 2016 law change but it points out many of the problems.

It starts by saying that many women have been helped out of prostitution, although migrant women are not getting the same help. Sex workers are less visible now because of the increasing use of the Internet. Prostitution of minors has increased.

This is the core tension: The law targets demand, but enforcement targets visibility. Those two don’t line up well in a digital, indoor market. A relatively small, visible slice of prostitution absorbs most of the policing pressure. The larger, online-based part of the market is hard to touch without major surveillance powers that France (like most democracies) is reluctant to use. Much of prostitution is effectively untouched by fines, even though it is formally illegal to buy sex anywhere.

The majority of French sex workers who work indoors are unaffected. The minority of French sex workers who work outdoors have been harmed. Either they continue to work outdoors but in more difficult and dangerous conditions - earning less money. Or they begin to work indoors, often for a pimp. Or they can try to use the exit programme which seems to be a trap for migrants who end up deported*.

Why is Ash Regan telling people that France is not having trouble with enforcement? Why is she so keen to say that prostitution cannot be forced underground? She doesn't seem to have read the report. Nobody would want what has happened in France to happen in Scotland. The MSPs were wise to vote against it just a few days ago, although they have enraged many.

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* According to the official circular implementing the exit programme in January 2017 (DGCS/B2/2017/18), the organisation that applies on behalf of the person must provide the following documents: a request form to begin or renew the given exit route, evidence of the administrative, family and social situation of the individual, and a ‘sworn statement to cease the activity of prostitution’. Considering the fact that sex workers will lose their earnings, the law proposes quite modest financial assistance (see above). This support is allocated when the individual cannot benefit of any other form of social assistance. This means that French nationals and regular residents are not beneficiaries since they can obtain better financial assistance through other programmes. Financial support is supposed to be complemented by a priority access to social housing, yet this is almost never the case due to the dearth of supply of social emergency housing in France. Furthermore, applicants are requested to cease sex work as soon as their request for the exit programme starts, but the procedures usually take several months. This implies that during this waiting period the person remains without an income. from here

three attempts to introduce Nordic model

There have been three attempts this year to introduce the Nordic model into Britain. Ash Regan is a Scottish MSP. She has introduced a bill that will punish men who pay for sex. She caused much hilarity in social media when she responded to a question about prostitution being driven underground.

"If you had a lot of women in underground cellars with a locked door, how would the punters get to them?"

People thought that she didn't understand what 'underground' meant and thought that it meant literally moving to underground cellars. I don't think she actually meant that though, her point was that if a punter can find a prostitute then so can the police. Therefore the police can find prostitution and put a stop to it. I have heard this argument many times.

If that was her point, which she failed to get across, then she is wrong. A drug user can find a drug dealer but the police can't. People can buy drugs easily and the police can't put a stop to it. Also, even if the police could locate prostitutes that doesn't really help them because the prostitutes aren't doing anything illegal. All the police could do is to try to observe their clients but they still have to prove that the man has paid for sex or agreed to pay for sex.

"The data that we have shows that in Sweden [where prostitution is illegal], prostitution has reduced to a very low level," she said."

"It has not extinguished it completely but it has reduced it to a very low level. But fundamentally, sex trafficking is almost non-existent in Sweden, if not non-existent."

This is complete nonsense. Does she not know that the review of the Irish Nordic model law published this year shows that there has been no decrease in demand? There is also the 2020 interim review and the review of the Northern Ireland Nordic model law.

How can she believe that prostitution in Sweden has reduced to a very low level and that sex trafficking is non-existent or almost non-existent? The data we have does not show that.

Claims are being made that if the bill passes it will decriminalize prostitutes. That is not true. It is not illegal to be a prostitute but it is illegal for two or more women to work together for safety. Regan's bill will not affect that. Women will still be arrested. They talk about safety but if they want to make women safe they should stop arresting them for so-called brothel-keeping.

Prostitution is dangerous under certain conditions but in Soho no sex worker has been murdered since 1947. That is because there are always two women in the flat, the sex worker is never alone with a man, and because they are not drug addicts. A minority of sex workers are drug addicts and their world is a violent world.

Ash Regan's bill is called the Prostitution (Offences and Support) (Scotland) Bill. She is also calling it the 'Unbuyable Bill'. Which is odd, because I have never bought anyone. Another attempt to bring the Nordic model to Britain is an amendment to a bill passing through the House of Commons called the Crime and Policing Bill. There are a few amendments proposed. The one that is of interest to me is "This new clause makes it an offence to pay for, or attempt to, pay for sex either for themselves or on behalf of others".

It seems to be Labour MP Tonia Antoniazzi who proposed the amendment, but she is supported by over 50 other MPs and UK Feminista. They don't seem to care that help for women to exit prostitution and decriminalizing prostitutes were always regarded as an integral part of the Nordic model. You can't just take one part of it and forget about the others.

Also, you have to have surveys so that you can tell if a change in the law is working. One survey before the law change, and then regularly after that, asking both men and women all of the important questions.

I have no reason to believe that Ash Regan or Tonia Antoniazzi will get what they want. There is someone else who seems to be getting what they want though. Police in Bristol have been issuing 'community protection warnings' to men who they think are committing anti-social behaviour. This restricts the areas where he can go and he could face criminal action if he continues to go into them.

According to this newspaper article, they are saying they want to implement the Nordic model. There are some good things about what they are doing but they don't have the right to decide that 'anti-social' means anything that they choose it to mean. Especially when they don't have proof of what they allege.

It is for Parliament to decide if Britain adopts the Nordic model or some aspects of it. Parliament hasn't voted for the Nordic model and it seems that after the review of Irish Nordic model law published recently (see previous post) they are even less likely to accept it. We can't have police forces adopting aspects of the Nordic model haphazardly.