Prostitution (Prosecution Trends)

Karen Bradley Excerpts

Tuesday 13th October 2015 Westminster Hall

[The Parliamentary Under-Secretary of State for the Home Department (Karen Bradley)]

It is an honour and a privilege to serve under your chairmanship, Mr Evans.

I congratulate the hon. Member for Luton South (Mr Shuker) on securing the debate, and on his article on the New Statesman website, which I recommend to anyone listening. I know that he takes a great interest in this area, and I appreciate the points he raised. It is clear from what he said, as well as from the previous debates during the passage of the Modern Slavery Bill, that he and other hon. Members have strong views on this issue.

I start by reassuring the hon. Gentleman that the Government and I share his clearly stated desire to protect all women—particularly vulnerable women—from violence. As the Minister for Preventing Abuse and Exploitation, I am determined to do everything I can to protect victims and to bring perpetrators to justice. I recognise the harm and exploitation that can be associated with prostitution, and the Government are committed to tackling that. In that context, we cannot look at prostitution in isolation from the broader work taking place across Government and beyond to eradicate violence against women and girls, to protect vulnerable people and to tackle exploitation in all its forms. Protecting victims from crime remains at the heart of our approach. We can do that by preventing crime from occurring in the first place, supporting victims through the criminal justice system and helping them to recover, regain their confidence, and reclaim their lives. In short, we need to believe them, take them seriously and listen to them.

In March, the Government published a report detailing progress in tackling violence against women and girls—if you will forgive me, Mr Evans, I will refer to it as VAWG from now on, which is the acronym that we all recognise— over the last Parliament. Our commitment to that important work continues: the previous Government ring-fenced £40 million for VAWG services—that is £10 million a year—and the Government are continuing that funding to April 2016. We are consulting on refreshing our VAWG strategy, which will be published later this year. I will say a little more on that in a moment.

It is important to recognise that local areas are in the best position to identify and respond to issues in their areas, and that includes the complex problems that can be associated with prostitution. Working alongside front-line organisations, other agencies and the Crown Prosecution Service as appropriate, local police are in the best position to respond. They know what to prosecute, when and why. The police are assisted in that by guidance from the national policing lead for prostitution, which makes clear that the police’s first priority is the protection of often vulnerable individuals from violent and sexual crimes. The national policing lead’s strategy for policing prostitution is clear on that, and the message will be emphasised in the refreshed and updated strategy due to be published later this year.

To be clear, the protection of victims is the Government’s priority, and our work on refreshing our VAWG strategy is based on that. As the hon. Gentleman said, we continue to work on that. I am leaving straight after this debate to have another round-table discussion on refreshing the strategy. I look forward to presenting that refreshed strategy, which will put victims at the heart of everything we do.

The hon. Gentleman also made a point about multi-agency working. He is absolutely right: the issue cannot be tackled solely through arrests and the criminal justice system; it has to be tackled by all agencies working together and by ensuring that women feel they have the support they need to not be forced into prostitution in the first place and that if they are, they will be helped out of it.

Legislation and prosecutions are only one aspect of the response. The police and the CPS are empowered by a degree of discretion in arresting, charging and prosecuting. We want them to use that discretion sensibly and appropriately, based on the circumstances of each case. That will allow them to focus on what causes the most harm.

Members will know that legislation on prostitution has grown somewhat organically over time. The most recent changes to offences in this area were made by the Policing and Crime Act 2009. Prosecution data from the Crown Prosecution Service show that there were 83 prosecutions for controlling prostitution in 2014-15, compared with 58 in the previous year. That represents a continuation of the increase in prosecutions since 2011 and reflects a focus on tackling exploitation. As the hon. Gentleman said, there was also an increase in prosecutions for brothel offences: 96 in 2014-15, compared with 55 in the previous year.

However, prosecutions are not everything. Many factors can contribute to women’s presence in a brothel. They may be victims or perpetrators of exploitation, running or profiting from activities. Importantly, where the police refer cases to the CPS, there is discretion and guidance on whether to charge and prosecute. Generally, the degree of coercion and control of a prostitute’s activities, as well as penalising those who profit from their earnings, will determine the public interest in prosecuting. The CPS’s approach emphasises that anyone abused and exploited through prostitution needs help and support on health and welfare to exit prostitution. The CPS is encouraged to adopt a partnership approach with local authorities and other statutory and non-statutory organisations to find routes out of prostitution other than charging.

It is worth noting that the longer-term trend for the number of offences of soliciting for prostitution recorded by the police in England and Wales is downward. Since 2010-11, fewer than a thousand such offences have been recorded annually—it was 868 in 2014-15, compared with more than 2,000 in 2002-03. Of those, only approximately half were prosecuted, and prosecutions are also showing a downward trend. Those figures will reflect a number of factors, including incidence, community concerns and police enforcement approaches.

Strong moral and ethical questions are raised by prostitution, but the Government’s overriding priority remains the safety of people involved in prostitution. Existing legislation regarding buying and selling sex is focused on minimising the harm and exploitation that can be associated with prostitution. Most recently, for example, the Government removed all references to the misleading and unhelpful terms “child prostitution” and “child pornography” from statute during the passage of the Serious Crime Act 2015. That was in recognition of the exploitation that can be associated with prostitution and clearly shows our shared duty to protect the most vulnerable, particularly children.

Different legislative approaches have been adopted in different jurisdictions. I know that the hon. Gentleman is aware of the approach in Sweden and some neighbouring countries, which is often referred to as the Nordic model. I am also aware of recent legislative developments in Northern Ireland, and we will follow their implementation and impact with interest. It is important to reflect that an alternative view challenges the position that all paying for sex is by definition violence. That has been expressed by a variety of organisations, including those that represent people involved in prostitution. It was expressed most recently by Amnesty International, which changed its position.

It is difficult to argue that any single legislative approach to prostitution is ideal. A perfect solution probably does not exist. To be clear, I am not suggesting that those involved in prostitution have made an independent and free choice to do so. In fact, during my work on the Modern Slavery Act 2015, I met many victims of trafficking who were forced into prostitution entirely against their will. We all recognise the need for the law to protect the vulnerable and punish the perpetrator, but when considering alternative legislative approaches we must consider carefully whether we are confident that they support the safety of those involved in prostitution. I continue to and have always been willing to listen to the evidence about what works to keep the public safe. At this stage, I do not believe there is sufficient evidence of the value of such significant changes to the legal and moral position of buying sexual services in reducing harm to those involved, but I will continue to watch with interest.

We hear differing views on this issue whenever it is debated, and I respect Members’ genuinely held positions on how to achieve the best outcomes for often vulnerable individuals. The issues around prostitution are complex and contentious, but regardless of the legal position of prostitution, the law on rape and sexual assault is crystal clear and unequivocal. We expect every report of violence to be treated seriously from the time it is reported, every victim to be treated with dignity and every investigation and prosecution to be conducted thoroughly and professionally. In that context, it is important to reflect on the increased reporting rates for these terrible crimes, which show that victims increasingly have the confidence to report and can access the support they deserve. I am proud of the progress we are making in tackling all aspects of violence against women and girls and in protecting all victims. As the Minister for Preventing Abuse and Exploitation, I am determined to do everything I can to protect victims and bring perpetrators to justice.

Question put and agreed to.