Passage of the Prostitution (Public Places) (Scotland) Bill 2006 SPPB 112 Passage of the Prostitution (Public Places) (Scotland) Bill 2006 SP Bill 69 (Session 2), subsequently 2007 asp 11 SPPB 112 EDINBURGH: APS GROUP SCOTLAND £50 For information in languages other than English or in alternative formats (for example Braille, large print, audio tape or various computer formats), please send your enquiry to Public Information, The Scottish Parliament, Edinburgh, EH991SP. You can also contact us by email [email protected] We welcome written correspondence in any language © Parliamentary copyright. Scottish Parliamentary Corporate Body 2012. Applications for reproduction should be made in writing to the Information Policy Team, Office of the Queen’s Printer for Scotland, Admail ADM4058, Edinburgh, EH1 1NG, or by email to: [email protected]. OQPS administers the copyright on behalf of the Scottish Parliamentary Corporate Body. Printed and published in Scotland on behalf of the Scottish Parliamentary Corporate Body by APS Group Scotland. ISBN 978-1-4061-8137-1 Contents Page Foreword Introduction of the Bill Bill (As Introduced) (SP Bill 69) 1 Explanatory Notes (and other accompanying documents) (SP Bill 69-EN) 5 Policy Memorandum (SP Bill 69-PM) 13 Delegated Powers Memorandum (SP Bill 69-DPM) 20 Stage 1 Stage 1 Report, Local Government and Transport Committee 23 Written submissions to Local Government and Transport Committee 210 Correspondence from the Deputy Minister for Finance, Public Service 256 Reform and Parliamentary Business to Local Government and Transport Committee, 16 January 2007 Correspondence from the Lord Advocate to Local Government and 262 Transport Committee, 16 January 2007 Correspondence from ACPOS to Local Government and Transport 264 Committee, 17 January 2007 Extract from the Minutes of the Parliament, 17 January 2007 265 Official Report, Meeting of the Parliament, 17 January 2007 266 Stage 2 Marshalled List of Amendments for Stage 2 (SP Bill 69-ML) 290 Groupings of Amendments for Stage 2 (SP Bill 69-G) 294 Extract from the Minutes, Local Government and Transport Committee, 6 295 February 2007 Official Report, Local Government and Transport Committee, 6 February 296 2007 Bill (As Amended at Stage 2) (SP Bill 69A) 307 Revised Explanatory Notes (SP Bill 69A-EN) 311 Stage 3 Marshalled List of Amendments selected for Stage 3 (SP Bill 69A-ML) 314 Groupings of Amendments for Stage 3 (SP Bill 69A-G) 316 Extract from the Minutes of the Parliament, 28 February 2007 317 Official Report, Meeting of the Parliament, 28 February 2007 318 Foreword Purpose of the series The aim of this series is to bring together in a single place all the official Parliamentary documents relating to the passage of the Bill that becomes an Act of the Scottish Parliament (ASP). The list of documents included in any particular volume will depend on the nature of the Bill and the circumstances of its passage, but a typical volume will include: x every print of the Bill (usually three – “As Introduced”, “As Amended at Stage 2” and “As Passed”); x the accompanying documents published with the “As Introduced” print of the Bill (and any revised versions published at later Stages); x every Marshalled List of amendments from Stages 2 and 3; x every Groupings list from Stages 2 and 3; x the lead Committee’s “Stage 1 report” (which itself includes reports of other committees involved in the Stage 1 process, relevant committee Minutes and extracts from the Official Report of Stage 1 proceedings); x the Official Report of the Stage 1 and Stage 3 debates in the Parliament; x the Official Report of Stage 2 committee consideration; x the Minutes (or relevant extracts) of relevant Committee meetings and of the Parliament for Stages 1 and 3. All documents included are re-printed in the original layout and format, but with minor typographical and layout errors corrected. An exception is the Groupings of Amendments for Stage 2 and Stage 3 (a list of amendments in debating order was included in the original document to assist members during actual proceedings but is omitted here as the text of the amendments is already contained in the Marshalled Lists of Amendments for Stage 2 and Stage 3). Documents in each volume are arranged in the order in which they relate to the passage of the Bill through its various stages, from introduction to passing. The Act itself is not included on the grounds that it is already generally available and is, in any case, not a Parliamentary publication. Outline of the legislative process Bills in the Scottish Parliament follow a three-stage process. The fundamentals of the process are laid down by section 36(1) of the Scotland Act 1998, and amplified by Chapter 9 of the Parliament’s Standing Orders. In outline, the process is as follows: x Introduction, followed by publication of the Bill and its accompanying documents; x Stage 1: the Bill is first referred to a relevant committee, which produces a report informed by evidence from interested parties, then the Parliament debates the Bill and decides whether to agree to its general principles; x Stage 2: the Bill returns to a committee for detailed consideration of amendments; x Stage 3: the Bill is considered by the Parliament, with consideration of further amendments followed by a debate and a decision on whether to pass the Bill. After a Bill is passed, three law officers and the Secretary of State have a period of four weeks within which they may challenge the Bill under sections 33 and 35 of the Scotland Act respectively. The Bill may then be submitted for Royal Assent, at which point it becomes an Act. Standing Orders allow for some variations from the above pattern in some cases. For example, Bills may be referred back to a committee during Stage 3 for further Stage 2 consideration. In addition, the procedures vary for certain categories of Bills, such as Committee Bills or Emergency Bills. For some volumes in the series, relevant proceedings prior to introduction (such as pre-legislative scrutiny of a draft Bill) may be included. The reader who is unfamiliar with Bill procedures, or with the terminology of legislation more generally, is advised to consult in the first instance the Guidance on Public Bills published by the Parliament. That Guidance, and the Standing Orders, are available for sale from Stationery Office bookshops or free of charge on the Parliament’s website (www.scottish.parliament.uk). The series is produced by the Legislation Team within the Parliament’s Chamber Office. Comments on this volume or on the series as a whole may be sent to the Legislation Team at the Scottish Parliament, Edinburgh EH99 1SP. Notes on this volume The Bill to which this volume relates followed the standard 3 stage process described above. Written submissions (other than those related to oral evidence) were not included in the Stage 1 Report by the Local Government and Transport Committee, but were listed at Annexe D of that Report. The submissions are included in this volume after the Report. This volume also includes correspondence to the Local Government and Transport Committee between the publication of its Stage 1 Report and the Stage 1 debate. These items are included here after the written submissions. There was no As Passed version of the Bill in this case as no amendments were agreed at Stage 3. The Bill was therefore passed in its As Amended at Stage 2 form. Forthcoming titles The next titles in this series will be: x SPPB 113: Aquaculture and Fisheries (Scotland) Bill 2006 x SPPB 114: Christmas Day and New Year’s Day Trading (Scotland) Bill 2006 x SPPB 115: Protection of Vulnerable Groups (Scotland) Bill 2006 x SPPB 116: Schools (Health Promotion and Nutrition) (Scotland) Bill 2006 Prostitution (Public Places) (Scotland) Bill 1 ACCOMPANYING DOCUMENTS Explanatory Notes, together with other accompanying documents, are printed separately as SP Bill 69-EN. A Policy Memorandum is printed separately as SP Bill 69-PM. Prostitution (Public Places) (Scotland) Bill [AS INTRODUCED] An Act of the Scottish Parliament to amend the law in relation to prostitution in public places; and for connected purposes. 1 Offences relating to prostitution (1) A person (“A”) who, for a purpose mentioned in subsection (2), solicits in a relevant 5 place in such a manner or in such circumstances as a reasonable person would consider to be likely to cause alarm, offence or nuisance commits an offence. (2) Those purposes are— (a) engaging in prostitution, (b) obtaining the services of a person engaged in prostitution. 10 (3) For the purposes of subsection (1) it is immaterial whether or not— (a) A is in or on public transport, (b) A is in a motor vehicle which is not public transport, (c) a person solicited by A for the purpose mentioned in subsection (2)(b) is a person engaged in prostitution. 15 (4) A person (“B”) who, for a purpose mentioned in subsection (2), loiters in a relevant place in such a manner or in such circumstances as a reasonable person would consider to be likely to cause alarm, offence or nuisance commits an offence. (5) For the purposes of subsection (4) it is immaterial whether or not B is on public transport. 20 (6) No offence under subsection (4) is committed by B if B is in a motor vehicle which is not public transport. (7) For the purposes of subsection (6) “public transport” does not include a vehicle which is a hire car. (8) A person guilty of an offence under subsection (1) or (4) is liable on summary 25 conviction to a fine not exceeding level 2 on the standard scale.