Tag: legislation

Biggest fraud crackdown in a generation

Welfare fraudsters who cheated the taxpayer out of £7 billion last year could be banned from driving if they fail to reimburse the public and repay their debt

  • Benefit cheats to be stripped of driving licences under new plans in government’s biggest fraud crackdown in a generation
  • New Public Authorities (Fraud, Error & Recovery) Bill introduces measures to be tough on criminals and fairer to taxpayers.
  • The Bill alone is expected to save the Department £1.5 billion over the next five years, and forms part of wider government plans to save a total of £8.6 billion over 5 years in the biggest welfare fraud and error budget package in recent history, as part of Plan for Change

As part of new legislation set to be introduced in Parliament today to deliver the biggest fraud crackdown in a generation, benefit cheats could be disqualified from driving for periods of up to two years if they refuse all opportunities to repay the money they owe.

The Department or Work and Pensions (DWP) will be able to apply to the court with the justification to suspend fraudsters from driving, provided the debts is £1,000 or over and frequent requests to repay the debt have been ignored.

DWP’s serious organised crime authorised investigators are also expected to be handed powers to apply to a court for search warrants. It means that for the first time, they will be able to support Police and search premises and seize items such as computers and smartphones as evidence against fraudsters.

The Bill alone is expected to save the Department £1.5 billion over the next five years, and forms part of wider government plans to save a total of £4.3 billion in 2029/30 in the biggest welfare fraud and error budget package in recent history.

 The new legislation is being brought forward after the government inherited a broken welfare system, with fraud and error in the social security system currently costing the taxpayer almost £10 billion a year and, since the pandemic, a total of £35 billion of taxpayers’ money has been incorrectly paid to those not entitled to the money.

This Bill comes as the government seeks to bring forward measures to overhaul the health and disability welfare system as part of its Plan for Change, so it better supports people to enter and remain in work and to tackle the spiralling welfare bill – with new proposals for reforming the health and disability benefits system expected in the Spring.

This legislation also delivers on the government’s manifesto commitment to safeguard taxpayers’ money and demonstrates the government’s commitment to not tolerate fraud, error or waste anywhere in public services, including the social security system. 

The measures in the Bill will be underpinned by a principle of fairness and proportionality – the priority is always to negotiate affordable and sustainable repayment plans, with these powers to be used as a last resort. 

Secretary of State for Work and Pensions, Liz Kendall, said: “We are turning off the tap to criminals who cheat the system and steal law-abiding taxpayers’ money.

“This means greater consequences for fraudsters who cheat and evade the system, including as a last resort in the most serious cases removing their driving licence. Backed up by new and important safeguards including reporting mechanisms and independent oversight to ensure the powers are used proportionately and safely.

“People need to have confidence the Government is opening all available doors to tackle fraud and eliminate waste, as we continue the most ambitious programme for government in a generation – with a laser-like focus on outcomes which will make the biggest difference to their lives as part of our Plan for Change.”

DWP will also have the power to recover money directly from bank accounts of those not on benefits or in PAYE employment who owe the Department and refuse to pay up, despite having the means to do so. The Bill will allow DWP to request bank statements to prove these debtors have sufficient funds to fairly repay what they owe. However, DWP will not have direct access to people’s bank accounts.

Modernising the approach to catching fraudsters, preventing overpayments and introducing new safeguards to further protect vulnerable customers means the DWP can keep pace with the sophisticated nature of fraud, while also ensuring law-abiding customers get the right benefits – preventing them from falling further into debt.

The Bill will also include safeguarding measures to protect vulnerable customers. Staff will be trained to the highest standards on the appropriate use of any new powers, and we will introduce new oversight and reporting mechanisms, to monitor these new powers.

The government will also bring forward Codes of Practice which will be consulted on during the passage of the Bill to provide further assurance on the safe use of the powers, and we have a clearly defined scope and clear limitations for the use of all the powers including the right to appeal the decision.

The Cabinet Office’s Public Sector Fraud Authority will also be given more powers under the legislation being introduced in Parliament today.

A brand-new measure will see the time limit for civil claims against Covid fraud doubled from six to twelve years. This step change in the ability to fight fraud committed during the pandemic will give the Covid Corruption Commissioner and the Public Sector Fraud Authority more time to investigate complex cases and apply their new powers retrospectively – including the ability to raid properties and retrieve money from Covid fraudsters’ bank accounts.

Georgia Gould, Minister in the Cabinet Office, said: “During the pandemic, when people and businesses needed government support the most, some people stole public money for their own personal gain.

“This legislation gives the government tough new powers that can be used to investigate and recover money stolen from the public during covid and doubles the time we have to bring fraudsters to justice.”

Taken together, these measures show the government’s commitment to taking a responsible approach to public finances which is required for long-term economic growth, in order to deliver for working people up and down the country.

Additional Information

The new law will deliver on this government’s manifesto commitment to safeguard taxpayers’ money – ensuring every pound is spent wisely and effectively:  

  • New powers of search and seizure – so DWP can control investigations into criminal gangs defrauding the taxpayer 
  • Allowing DWP to recover debts from individuals no longer on benefits and not in PAYE employment who can pay money back but have avoided doing so. 
  • New requirements for banks and building societies to flag where there is an indication that there may be a breach of eligibility rules for benefits – preventing debts accruing 
  • All the powers will include strong safeguards to ensure they are only used appropriately and proportionately – including new inspection and reporting mechanisms. 
  • We have a clearly defined scope and clear limitations for the use of all the powers we are introducing, and our staff will be trained to the highest possible standards. 

The measures in this Bill will enable the PSFA to:

  • reduce fraud against the public sector by using its expertise to take action on behalf of other departments, against those who attack the public sector.
  • better detect and prevent incorrect payments across the public sector through new information gathering and sharing powers.
  • Use strong non-criminal sanctions and civil penalties to provide an alternative to criminal prosecution and to deter fraud 
  • improve the government’s ability to recover public money, through new debt recovery and enforcement powers. 
  • Use new powers of entry, search and seizure to reduce the burdens on the police in the most serious criminal investigations.
  • improve fraud management in future emergencies by creating specialist time limited powers to be used in crisis management situations – building on lessons learned during COVID-19.

The PSFA will implement a ‘test and learn’ approach when utilising these powers, piloting different approaches and expertise to find the best way to tackle public sector fraud.

Double-jobbing no more?

Draft regulations to be laid at Holyrood in autumn

Views are being sought on the implementation of the ban on MSPs from also serving as MPs or in the House of Lords.

Following the Scottish Elections (Representation and Reform) Bill being passed unanimously by the Scottish Parliament in December, a consultation seeking views on the principles and practical issues of ending dual mandates has launched.

The consultation, which runs until 23 March, looks at issues such as grace periods once elected and salary or parliamentary limitations during this period.

The Bill places a duty on Scottish Ministers to bring forward regulations which prohibit MSPs from also serving in the House of Commons or the House of Lords, and may additionally prohibit MSPs from also serving as councillors.

The regulations will be laid in autumn 2025 so they are in place for the 2026 Scottish Parliament election, and will be subject to scrutiny and a vote by MSPs.

Minister for Parliamentary Business Jamie Hepburn said: “Following the unanimous passage of the Scottish Elections (Representation and Reform) Bill in December, MSPs will be barred from also being an MP or Peer through regulations to be brought forward in autumn 2025.

“This consultation on the issue will allow political parties, local government and most importantly the public to comment on the details of how that will work in practice, ahead of the practice being ended before the 2026 Scottish Parliament election.”

The consultation paper is available at Consultation on Dual Mandates

UK Government crackdown on explicit deepfakes

Predators who create sexually explicit ‘deepfakes’ could face prosecution as the Government bears down on vile online abuse

  • Government to make creating sexually explicit ‘deepfake’ images a criminal offence
  • Perpetrators to face up to two years behind bars under new offences for taking an intimate image without consent and installing equipment to enable these offences
  • Package delivers on UK Government’s Plan for Change and manifesto commitment to protect women and girls

Predators who create sexually explicit ‘deepfakes’ could face prosecution as the Government bears down on vile online abuse as part of its mission to make our streets safer.

The proliferation of these hyper-realistic images has grown at an alarming rate, causing devastating harm to victims, particularly women and girls who are often the target.

To tackle this, the government will introduce a new offence meaning perpetrators could be charged for both creating and sharing these images, not only marking a crackdown on this abhorrent behaviour but making it clear there is no excuse for creating a sexually explicit deepfake of someone without their consent.

The Government will also create new offences for the taking of intimate images without consent and the installation of equipment with intent to commit these offences – sending a clear message that abusers will face the full force of the law.

 Victims Minister Alex Davies-Jones said: “It is unacceptable that one in three women have been victims of online abuse. This demeaning and disgusting form of chauvinism must not become normalised, and as part of our Plan for Change we are bearing down on violence against women – whatever form it takes.

“These new offences will help prevent people being victimised online. We are putting offenders on notice – they will face the full force of the law.”

While it is already an offence to share – or threaten to share – an intimate image without consent, it is only an offence to take an image without consent in certain circumstances, such as upskirting.

Under the new offences, anyone who takes an intimate image without consent faces up to two years’ custody. Those who install equipment so that they, or someone else, can take intimate images without consent also face up to two years behind bars.

The move delivers on the Government’s manifesto commitment to ban the creation of sexually explicit deepfakes as well as recommendations from the Law Commission relating to intimate images.

Alongside existing offences of sharing intimate images without consent, this will give law enforcement a holistic package of offences to effectively tackle non-consensual intimate image abuse.

Baroness Jones, Technology Minister, said: “The rise of intimate image abuse is a horrifying trend that exploits victims and perpetuates a toxic online culture. These acts are not just cowardly, they are deeply damaging, particularly for women and girls who are disproportionately targeted.

“With these new measures, we’re sending an unequivocal message: creating or sharing these vile images is not only unacceptable but criminal. Tech companies need to step up too – platforms hosting this content will face tougher scrutiny and significant penalties.”

Campaigner and presenter Jess Davies said: “Intimate-image abuse is a national emergency that is causing significant, long-lasting harm to women and girls who face a total loss of control over their digital footprint, at the hands of online misogyny. 

“Women should not have to accept sexual harassment and abuse as a normal part of their online lives, we need urgent action and legislation to better protect women and girls from the mammoth scale of misogyny they are experiencing online.”

These new offences follow the Government’s action in September 2024 to add sharing intimate image offences as priority offences under the Online Safety Act. This put the onus on platforms to root out and remove this type of content – or face enforcement action from Ofcom.

The new offences will be included in the Westminster government’s Crime and Policing Bill, which will be introduced when parliamentary time allows. Further details of the new offences will be set out in due course.

Further information:

  • The sexually explicit deepfakes offences will apply to images of adults. This is because the law already covers this behaviour where the image is of a child (under the age of 18).
  • It is already an offence to share or threaten to share intimate images, including deepfakes, under the Sexual Offences Act 2003, following amendments that were made by the Online Safety Act 2023.
  • The Government will repeal two existing voyeurism offences that relate to the recording of a person doing a private act, and recording an image beneath a person’s clothing.
  • They will be replaced with a range of new offences:
    • Taking or recording an intimate photograph or film without consent or reasonable belief in it
  • Taking or recording an intimate photograph or film without consent and with intent to cause alarm, distress, or humiliation
  • Taking or recording an intimate photograph or film without consent or reasonable belief in it, and for the purpose of the sexual gratification of oneself or another
  • We will also introduce new offences that criminalise someone if they install or adapt, prepare or maintain equipment, and do so with the intent of enabling themselves or another to commit one of the three offences of taking an intimate image without consent.

Serious Crime laws to be overhauled to combat people-smuggling gangs

Suspected people smugglers will face travel bans, social media blackouts and restrictions on phone usage under tough new laws to dismantle organised immigration crime networks

In a major upgrade to Serious Crime Prevention Orders, new Interim Orders will allow immediate action to disrupt and deter suspected serious criminality.

These orders are part of a stronger approach to organised crime which will form part of the Border Security, Asylum and Immigration Bill. This new approach will level up our response to serious crime including organised immigration crime, with new powers mirroring those which are already used to disrupt other harmful criminality such as knife crime, slavery and trafficking.

The Bill will improve border security, a key foundation for delivering on the Government’s Plan for Change.

Currently, securing a Serious Crime Prevention Order imposed on suspects, including people smugglers, can be a complex and lengthy process, restricting the use of this powerful tool. 

Interim Orders will go further, speeding up the process for placing restrictions on people under investigation to prevent, deter and disrupt serious and organised crime, including people smuggling. These new Interim Orders will allow the National Crime Agency (NCA), the police and other law enforcement agencies to apply directly to the High Court to impose immediate restrictions while a full Order is considered.

By taking immediate action at an early stage, without requiring a conviction, these Interim Orders will help crack down on people smugglers and other forms of serious and organised crime. This will strengthen the tools of law enforcement to disrupt these individuals who are operating in the UK, in some cases allowing investigations and prosecutions to continue whilst preventing further serious criminality from taking place.

The new orders will form an important part of preventing organised immigration crime while complementing the UK’s relentless pursuit of criminal gangs.

Restrictions will vary on a case-by-case basis but could include:

  • Travel restrictions
  • A ban on laptop or mobile phone usage
  • A ban on accessing social media networks, including via a third party
  • Restrictions on whom someone can associate with
  • Restrictions on devices and communications with certain individuals
  • Restrictions on their finances, helping to prevent criminal proceeds from going under the radar.

Breaching an Interim Order could lead to up to five years in prison.

Home Secretary Yvette Cooper said: “Dangerous criminal people-smugglers are profiting from undermining our border security and putting lives at risk. They cannot be allowed to get away with it.

“Stronger international collaboration has already led to important arrests and action against dangerous gangs over the last few months. We will give law enforcement stronger powers they need to pursue and stop more of these vile gang networks.

“Border security is one of the foundations of this government’s Plan for Change, including making people better off, delivering safer streets and strengthening our NHS, and we will do everything in our power to deliver for working people.”

The announcement comes in the same week as the disruption of a major Afghan people-smuggling ring by a joint operation between the NCA and Belgian authorities, with support from Immigration Enforcement and Border Force officers. Three individuals were arrested in the UK after fleeing Belgium in a small boat to avoid prosecution.

This is the latest development in the Westminster government’s crackdown on people-smuggling gangs and the new Border Security Command which is bringing together operational leads to disrupt more gangs across the continent, break their business model and bring them to justice.

The trio were found guilty of being part of an organised crime group responsible for transporting thousands of migrants into Europe, including some to the UK on small boats. The group also committed serious sexual offences against male migrant minors. They now face extradition back to Belgium to face justice, where last month a court in Antwerp convicted and sentenced the trio and 20 other members of the gang to a total of 170 years imprisonment, with sentences ranging from two to 18 years.

The landmark Border Security, Asylum and Immigration Bill will strengthen the operational activity of the new Border Security Command, backed up with £150 million, and bringing together key operational experts including Immigration Enforcement, Border Force and vital partners like the NCA. Further measures in the legislation will be brought forward to tackle all aspects of organised immigration crime.

According to the UK government, in just under six months, there has been major progress in increasing enforcement and restoring order to the chaotic asylum system, stopping the Rwanda plan and restarting asylum processing to start bringing the backlog down. This work has already seen almost 13,500 people with no right to be here returned since the election. 

The government’s wide-ranging approach to tackling illegal migration also includes strengthened global partnerships. The UK has signed new agreements with Germany and Iraq to tackle people-smuggling gangs and has enhanced co-operation with the Calais Group. 

Double jobbing no more: Modernising Scottish Elections

Bill will ‘strengthen democratic process’

Legislation which will enhance Scotland’s democratic processes has been backed unanimously by the Scottish Parliament.

The Scottish Elections (Representation and Reform) Bill has passed its final stage, maintaining and improving Scotland’s robust electoral system.

The Bill contains a mix of technical and other improvements such as improving candidate and campaigner safety and advancing candidacy rights.

The new law introduces a ban on people from being MSPs if they are convicted of a sexual offence or subject to a sexual offence order.

In addition, MSPs will be barred from also being an MP or Peer through regulations to be brought forward in 2025 so they can be in place in time for the 2026 Scottish elections. The details of the regulations will be informed through a consultation beginning next month. 

Parliamentary Business Minister Jamie Hepburn said: “Since 1999 the Scottish Parliament has improved participation, extended voting rights, and enabled more people to stand for election and this legislation seeks to continue the evolution of our democracy.

“It will modernise Scottish elections and take important steps to safeguard our democracy for voters, candidates and administrators.

“Through positive cross-party working, we have agreed a robust set of improvements to the law, which will deliver real benefits to voters and prospective candidates.”

Background

Scottish Elections (Representation and Reform) Bill | Scottish Parliament Website

Victims, Witnesses, and Justice Reform Bill amendments proposed

Justice Secretary Angela Constance has updated Parliament on proposed amendments to the Victims, Witnesses, and Justice Reform Bill.

The Justice Secretary told MSPs that, having listened to the cross-party Criminal Justice Committee and a wide range of other views, a plan to enable a time-limited pilot of single-judge trials for rape and attempted rape cases will not be pursued.

The Government also plans to amend the Bill, subject to MSPs’ approval, to enable more detailed research into jury deliberations, including how rape myths may affect verdicts.

The Bill includes measures to remove Scotland’s ‘not proven’ verdict and to increase the current simple majority required for a criminal conviction to a two-thirds majority of jurors. However, in line with committee recommendations, proposals to cut the jury size from 15 to 12 will be dropped.

Victims of crime are to receive improved support, advice and information as part of planned reforms to the Victim Notification Scheme – to be delivered through the Bill – as announced earlier this month.

Ms Constance said: “This Bill proposes a significant package of reforms to ensure victims are placed at the heart of Scotland’s justice system, such as creating a specialist Sexual Offences Court, establishing a Victims & Witnesses Commissioner and abolishing the ‘not proven’ verdict.

“I want to build as much consensus as possible for this important legislation. Clearly there is not enough parliamentary support at this time for the proposal to enable a time-limited pilot of single-judge trials for cases of rape and attempted rape, so we will no longer pursue this.

“I remain concerned by the substantial evidence that juries may be influenced by rape myths and I will introduce amendments to the Bill to allow for more detailed research into jury deliberations. We will undertake further work with justice partners to agree how to challenge and reduce the impact of rape myths. This might include, for example, further interventions or educational resources for jurors and the wider public.

“I believe that the most prudent approach to jury reform, including the abolition of the ‘not proven’ verdict, is to seek support for a model with two verdicts – ‘guilty’ and ‘not guilty’ – 15 jurors, and a two-thirds majority requirement for conviction.

“I look forward to working with partners and colleagues across Parliament to deliver what I believe is a shared ambition to ensure victims and witnesses are placed at the heart of the justice system and treated with compassion.”

Justice Secretary’s letter to the Criminal Justice Committee

Improved support for crime victims

New protections from sexual harassment come into force

Employers now have a legal duty to take reasonable steps to prevent sexual harassment and create a safe working environment

  • New duty under the Equality Act 2010 will require employers to take “reasonable steps” to prevent sexual harassment of their employees.
  • New guidance for employers on how they can protect their staff.
  • New measure comes into force as further legislation goes through Parliament to boost economic growth by tackling poor productivity, insecure work and broken industrial relations.

From Saturday 26 October, employees can expect their employers to take reasonable steps to protect them from sexual harassment as a new duty comes into force.

Employers now have a duty to anticipate when sexual harassment may occur and take reasonable steps to prevent it. If sexual harassment has taken place, an employer should take action to stop it from happening again. This sends a clear signal to all employers that they must take reasonable preventative steps against sexual harassment, encourage cultural change where necessary, and reduce the likelihood of sexual harassment occurring.

Anneliese Dodds, Minister for Women and Equalities, said: “This government is determined to ensure that we not only Make Work Pay; we also make work safe.

“Too many people feel uncomfortable or unsafe at work due to sexual harassment and we are putting every effort into putting a stop to it. The preventative duty is an important step on the journey, and we will continue to improve protections for workers until everyone can thrive.

“The Equality Act provides legal protections against sexual harassment in the workplace. Despite this, persistent reports and revelations in recent years indicate that it remains a problem. So from today employers will be required to take ‘reasonable steps’ to prevent sexual harassment of their employees.

“We will strengthen this duty through our Employment Rights Bill, which had its Second Reading this week, and will boost economic growth by tackling poor productivity, insecure work and broken industrial relations.”

Guidance for employers on developing appropriate plans and policies has been published by the Advisory Conciliation and Arbitration Service (Acas) and the Equality and Human Rights Commission.

This includes what behaviour needs to be addressed and how complaints should be handled, to help employers protect their staff and avoid tribunals.

Safe Access Zones now in place around Scotland’s abortion facilities

Protected zones of 200 meters around all abortion services in Scotland are now in place.

Within these zones, it is now a criminal offence to intentionally or recklessly behave in ways that could influence the decisions of women and staff to access services; impede their access; or otherwise cause alarm, harassment or distress.

Police Scotland are responsible for enforcing the legislation. People who break the law can be fined up to £10,000, or be given an unlimited fine, depending on the court procedure.

Determining whether an offence has been committed will be a matter for Police Scotland, the Crown Office and Procurator Fiscal Service and the Courts.

Depending on the facts and circumstances of each case, some examples of criminal behaviour may include: approaching someone to try and persuade them not to access abortion services, surrounding people as they try to go in or out of the clinic or hospital, handing out leaflets, religious preaching and silent vigils.

Minister for Public Health and Women’s Health Jenni Minto said: “The introduction of Safe Access Zones is a crucial milestone in protecting women’s abortion rights – no one has the right to interfere in women’s personal medical decisions and the law now makes that abundantly clear.

“I thank Gillian Mackay (pictured below) and all those involved for their work to progress this legislation.

“I would like to especially recognise the women who showed incredible courage in speaking up and sharing their experiences during the Bill process.

“The new zones of 200 meters around all abortion services will help ensure women have safe access to healthcare – free from intimidation. This law is about protection for women at a time when many will feel incredibly vulnerable around taking a deeply personal and difficult decision.”

Full details of the penalties that apply for committing an offence.

Full list of the locations of zones:

University Hospital Crosshouse – Kilmarnock

Borders General Hospital – Melrose

Dumfries and Galloway Royal Infirmary

Galashiels Health Centre

Oak Tree Family Health Centre – Stranraer

Queen Margaret Hospital – Dunfermline

Victoria Hospital – Kirkcaldy

Forth Valley Royal Hospital – Larbert

Aberdeen Royal Infirmary

Aberdeen Community Hospital

Aberdeen Maternity Hospital

Dr Gray’s Hospital – Elgin

Inverclyde Hospital – Greenock

Royal Alexandra Hospital – Paisley

Sandyford Sexual Health Clinic – Glasgow

Princess Royal Maternity Hospital – Glasgow

Ross Hall – Glasgow

New Victoria Hospital – Glasgow

Queen Elizabeth University Hospital – Glasgow

Stobhill Hospital – Glasgow

Vale of Leven Hospital – West Dunbartonshire

Raigmore Hospital – Inverness

University Hospital Wishaw

Royal Infirmary Edinburgh

Chalmers Sexual Health Centre – Edinburgh

St John’s Hospital – Livingston

The Balfour – Livingston

Gilbert Bain Hospital – Lerwick

Ninewells Hospital – Dundee

Western Isles Hospital – Stornoway

Holyrood Committee highlights serious shortcomings hampering implementation of Self-Directed Support Act

A new report by the Health, Social Care and Sport Committee has found that implementation of the Social Care (Self-directed Support) (Scotland) Act 2013 has been hampered by a range of factors.

The legislation was introduced to ensure that care and support is arranged, managed, and delivered in a way that supports choice and control for individuals. Although the Committee has heard that Self-Directed Support (SDS) has been implemented well and is transformational for individuals in some areas, the report highlights a number of challenges that have meant the legislation is not always implemented in a fair and equitable way across the country.

The Committee say that restrictions on available providers, how services are commissioned and procured, and the financial systems and models of care currently in place mean that, in many parts of the country, SDS has not been delivered in the way intended by the legislation.

The post-legislative scrutiny report concludes that a lack of knowledge and understanding of the principles of the Act among key staff is also limiting effective implementation of SDS. The Committee says social workers face a number of constraints which prevent them from taking a relationship-based approach to their work in a way that would enable them to fully implement the principles of SDS.

Other issues highlighted by the Committee include inconsistent application of eligibility criteria by Health and Social Care Partnerships. The Committee concludes that, in many instances, the way current eligibility criteria are applied contradicts the aims and principles of SDS.

While the Committee heard examples of good practice from certain local authority areas, which are offering those in receipt of care more choice using a range of different collaborative initiatives, they say there have been challenges in applying this good practice across the country.

The Committee also concludes that there is an urgent need to establish a process of national oversight and clear lines of accountability across all levels of decision-making to ensure a significantly improved approach to monitoring and evaluation of SDS.

On the report’s publication, Clare Haughey MSP, Convener of the Health, Social Care and Sport Committee, said: “While it’s clear from our evidence that stakeholders strongly support this legislation, its implementation has not been consistent across the country.

“During our scrutiny, the Committee has heard that there is a lack of national consistency in relation to information, advice and support to ensure fair and equitable access to social care through SDS.

“We also have concerns over recruitment and retention of the social care and social work workforce, the continued impact of Covid-19 and wider funding constraints across the social care system that are affecting proper implementation of the Act.

“Our conclusion is that the current underlying system of social care delivery based on individual assessment, eligibility and transactional care contracts is incompatible with the principles of SDS.

“The Social Care (Self-directed Support) Act was introduced ten years ago with the intention of empowering individuals to have greater choice and control over the care they receive. However, in too many cases, the principles of SDS are not being observed, meaning individuals are not receiving the care they want or deserve.

“We are calling on the Scottish Government, Local Authorities and Health and Social Care Partnerships to ensure proper implementation of the legislation through greater national consistency, by improving local authority practice and processes, addressing issues around commissioning and tendering, and significantly improving processes for ongoing monitoring and evaluation of the policy.

“We would like to thank all of those who contributed to our post-legislative scrutiny of SDS.”

MSP accused of trying to ‘sneak through’ controversial new law to ban purchase of sex in Scotland

UPDATE: DEADLINE HAS BEEN EXTENDED UNTIL 30 SEPTEMBER

·        Alba MSP has formally proposed new law to bring in Nordic Model, but has failed to seek public and stakeholder views, in line with Scottish Parliament guidance

·        Leading sex worker safety service National Ugly Mugs labels Regan’s consultation a “sham”, as it fails to mention international evidence showing Nordic Model makes sex workers less safe

·        Proposed new law comes after YouGov polling showing Scots oppose Nordic Model, instead favouring more support for sex workers, alongside leading NGOs such as Amnesty International

Ash Regan has been accused of trying to “sneak through” a controversial new law to ban the purchase of sex in Scotland, having formally submitted a proposed new Bill to Parliament, while failing to notify sex worker support groups or seek views from those opposed to the measures.

The Prostitution (Offences and Support) (Scotland) Bill, a Member’s Bill formally proposed to the Scottish Parliament by Regan on June 18, would enact the so-called “Nordic Model” in Scotland – making it a criminal offence to purchase sex – a move that is opposed by the Scottish public as well as a host of leading international NGOs.

The consultation document has been labelled a “sham” by National Ugly Mugs, the UK’s national sex worker safety service, as it fails to include any of the wealth of international evidence showing that banning the purchase of sex only serves to increase violence against sex workers, by making their lives more difficult and dangerous.

An official government review of similar legislation in Northern Ireland – the only nation in the UK to enact the Nordic Model – found that there was “no evidence that the offence of purchasing sexual services has produced a downward pressure on the demand for, or supply of, sexual services”.

It also found that “the legislation has contributed to a climate whereby sex workers feel further marginalised and stigmatised”. Regan’s consultation fails to mention this.

The Scottish Parliament’s official Guidance on Public Bills says that the consultation process on a proposed Member’s Bill should allow the policy “to be tested against, and informed by, stakeholder and public opinion”.

The guidance says that seeking such views “usually proves valuable in refining and developing the policy and in equipping the member for the challenges involved in explaining and defending that policy during the passage of the Bill.”

However, despite previously pledging to share the proposal with the public for feedback, the Alba MSP has not made any move to publicise the consultation – either via her Twitter account, her Nordic Model campaign website, or via the press – before it closes on September 12.

A YouGov poll of 1,088 Scottish adults, carried out for National Ugly Mugs in May this year, showed that Scots firmly oppose the Nordic Model, with 47% saying it should be legal for a person to pay someone to have sex with them, versus 32% who think it should not be legal.

The poll showed that 69% of Scots say the Scottish Government should focus on protecting the health and safety of sex workers, and providing support to people who want to leave the industry, compared to just 14% who support the government passing new laws to prevent people exchanging sexual services for money.

Dr Raven Bowen, chief executive of National Ugly Mugs, said: “Ash Regan is clearly trying to sneak through this controversial proposed Member’s Bill, by slipping out a consultation just before recess, timed to run over the summer break, and then failing to notify affected stakeholders like NUM, presumably in the hope that they wouldn’t notice.

“Her sham consultation fails to acknowledge the wealth of international evidence showing that the Nordic Model only serves to increase violence against sex workers, by eliminating their revenue streams, making them desperate and destitute. The official government review of the Nordic Model in Northern Ireland – the only UK nation to enact this approach – showed it has failed there too.

“The evidence shows that Scots side with charities, researchers and international organisations such as Amnesty International, UN Aids and the World Health Organisation in opposing the Nordic Model.

“The Scottish Parliament must now do what Regan has failed to do, and consider the actual evidence showing that the Nordic Model would be a disaster for Scottish sex workers, before rejecting this proposed new law.”

UPDATE +++ UPDATE +++ UPDATE +++

The deadline for responding to @AshReganALBA‘s consultation on a proposed Prostitution (Offences and Support) (Scotland) Bill has been extended to 30 September.

Learn more and share your views:

https://ow.ly/qiOO50T9Vj8