308: After Clause 86, insert the following new Clause—
“Disregarding convictions and cautions for loitering or soliciting when under 18(1) Part 5 of the Protection of Freedoms Act 2012 is amended as follows.(2) In the heading of Chapter 4, omit “for buggery etc.”(3) For the italic heading before section 92, substitute “Sexual activity between persons of the same sex”. (4) After section 94 insert—“Loitering or soliciting: under 18s
94A Automatic disregard of convictions or cautions for loitering or soliciting when under 18(1) A conviction or caution is a disregarded conviction or caution if—(a) it was for an offence under section 1 of the Street Offences Act 1959 (loitering or soliciting for the purpose of prostitution), and(b) the offender was aged under 18 at the time of the offence.(2) Sections 95 to 98 explain the effect of a conviction or caution being a disregarded conviction or caution.”.(5) In section 95 (effect of disregard on police and other records)—(a) before subsection (1) insert—“(A1) Subsections (1) to (4) apply in respect of a conviction or caution disregarded under section 92.”;(b) after subsection (4) insert—“(4A) A relevant data controller must delete from relevant official records, as soon as reasonably practicable, any details of which they are aware of a conviction or caution disregarded under section 94A.”(6) In section 99 (appeal against refusal to disregard convictions or cautions)—(a) in the heading, at the end insert “for sexual activity between persons of the same sex”;(b) in paragraph (a), after “application” insert “made under section 92”.(7) In section 100 (advisers)—(a) in the heading, at the end insert “on applications under section 92”;(b) in subsection (1), after “case” insert “under section 92”.(8) In section 101 (interpretation)—(a) in the definition of “disregarded caution”, after “which” insert “is or”;(b) in the definition of “disregarded conviction”, after “which” insert “is or”.”Member’s explanatory statement
This amendment provides for a conviction or caution for loitering or soliciting for the purpose of prostitution, where the offender was under 18 at the time of the offence, to be disregarded.
My Lords, Amendments 308 and 309 are closely bound with Amendment 313 tabled by my noble friend Lady Goudie. If the Committee will allow me, I will ask my noble friend Lady Ritchie to speak to her amendments and on behalf of our noble friend Lady Goudie, who is unable to be here tonight. That being the case, I will then respond to both the Opposition Front Bench and any comments made by my noble friends, given that the lead amendment is mine but is very much tied up with a range of amendments. In that case, I will sit down and allow the proceedings to continue. I beg to move.
My Lords, I will address the amendments in my own name, Amendments 316A and 316B, relating to prostitution, and Amendments 310 to 313 in the name of my noble friend Lady Goudie. I also support the amendments in the name of my noble friend the Minister.
Like my noble friend Lady Goudie, I wish to address the exploitation of women and girls. As she has outlined in the amendments, which have also been signed by the noble Lord, Lord Morrow, women and girls are trafficked, exploited and routinely abused in prostitution for the profit of others. I fully support all her amendments, which would finally bring laws in England and Wales into alignment with those in Northern Ireland following the work of the noble Lord, Lord Morrow, when he was a Member of the Northern Ireland Assembly. The other amendments in this group in the name of my noble friend Lady Goudie are clearly needed, as they shift the burden of criminality from vulnerable women on to the men who buy sex, the traffickers, the pimps and the platforms that facilitate and profit from prostitution. Quite simply, my noble friend Lady Goudie has my full support.
I move on to address Amendments 316A and 316B in my name. Commercial sexual exploitation is a continuum. Women move from one form of prostitution to another. For example, a women may be involved in pornography production but moves to selling sex in person or vice versa. Women often go from in-person stripping to online camming sites. I hasten to add that I do not have any particular knowledge of this issue, but I am aware of it. I thought I would add that piece of information. While the location or act may change, what rarely changes is the exploitation of the women involved.
I will focus on just one aspect of this: online sexual exploitation via camming sites. These are websites where someone is requested to perform sexual activities in front of a webcam for paying subscribers. These content creators, as they are known—although I am reluctant to use the phrase, as it diminishes the exploitation—are usually women, and the subscribers are usually men; in other words, women sell sex, and men buy it. These sites come with their own specific dangers and types of exploitation.
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Women involved in camming face harassment, blackmail and image-based sexual abuse, as well as the psychological and emotional labour of chatting—another word that hides the true horror of what these women face—to men for hours and days on end with no break. They speak about how young girls are targeted by camming sites, which recruit them via their social media accounts on platforms such as Instagram, Snapchat and Facebook, preying on their youth and vulnerabilities.
The best-known camming site is OnlyFans, which is a UK-based online streaming platform and app created in 2016, where users can pay for private content with a monthly subscription. In 2024, the company generated $7.2 billion in revenue. Despite being a British-based company, the owner is a Ukrainian-American who pays himself $1.3 million a day. Like all platforms designed to profit from the selling of sexual material, it facilitates and profits from sexual exploitation and abuse. OnlyFans is nothing more than an online pimp, facilitating and profiting from prostitution.
As with other forms of prostitution, one of the main reasons women cite for joining camming sites such as OnlyFans is economic distress. That is why OnlyFans grew exponentially during the Covid-19 pandemic. Women who, unfortunately and sadly, had lost their jobs or were struggling financially, turned to OnlyFans to make money. The platform now has 4.6 million content creators worldwide, and while some of these may be uploading content about sport or music, the majority are women, and some men, selling sexualised content for a fee.
All this content is behind a paywall, so you cannot access it unless you pay. Content creators charge their fans—a euphemism for sex buyers—to watch videos. They can add extra fees for bespoke content, merchandise and personalised chats. OnlyFans makes its money by taking a 20% cut of creators’ earnings. It also offers a referral programme whereby content creators who bring other creators to the platform get a 5% cut of the referred creators’ earnings for 12 months.
Without question, OnlyFans and other camming sites facilitate and profit from commercial sex, yet OnlyFans in particular has positioned itself as a safe platform for uploading sexualised content—a platform that is empowering and lucrative for women. I remind noble Lords that the owner of OnlyFans pays himself $1.3 million a day, yet we have women in this country who are selling sexual images and videos that violate their own boundaries and which they consider degrading for just £50.
My Amendment 316A would make it an offence for a person to own, operate, manage or otherwise facilitate
“an online platform that enables the purchase, distribution, or access to personalised sexual content … for or in the expectation of gain for themselves or a third party”.
My Amendment 316B would make an offence for a person to
“intentionally cause or incite another person … to provide online personalised sexual content … for or in the expectation of gain for themselves or a third party”.
As we have heard, prostitution is organised. It is run by pimps and traffickers. This is no different on camming sites. An investigation by the Social Research Lab at the University of Northern Colorado found that OnlyFans provides new avenues for sex trafficking to occur. One trafficker generated more than $270,000 in the US alone over 30 months. Because much of this content is behind a paywall on OnlyFans, it is easier for traffickers to hide, while making it harder for law enforcement to track any potential trafficking on the site.
We cannot in conscience allow this to continue. Camming sites such as OnlyFans are profiting from trafficking, exploitation and violence against women and girls. Women are not commodities to be bought and sold. They are living, breathing human beings. As well as my Amendments 316A and 316B, I support those in the name of my noble friend Lady Goudie.
My Lords, I speak against Amendment 310 on the prohibition of pimping. According to the Member’s explanatory statement, it would
“make it a criminal offence to enable or profit from the prostitution of another person, including by operating a website hosting adverts for prostitution”.
Specifically, the amendment would create the offence of assisting or facilitating another person to engage in sexual activity with another person in exchange for payment or other benefit, where the assister or facilitator knows or ought to know that payment for sexual activity is taking place, whether or not the person assisting or facilitating gains in any way. It would also criminalise the publishing or display of any digital advertisement for sexual activity.
The amendment conflates consensual sex work with sexual exploitation and trafficking. Adopting it would cause significant harm to sex workers. In seeking to criminalise those who facilitate the exploitation of victims of forced prostitution, which is already a crime, it would instead make sex workers’ lives more difficult and dangerous by removing their ability to advertise their services online and seek assistance or support from others in carrying out their services.
I will take those two separate elements in turn. First, on criminalising those who assist or facilitate another person engaging in sexual activity for payment where the assister or facilitator knows or ought to know that such activity is taking place, the impact of this would be disastrous for sex workers and the organisations that support them. It would mean that anybody acting to help sex workers work safely, including safety service operators such as National Ugly Mugs, would be guilty of an offence. I am sure that the intention of Amendment 310 was not to catch that, but it does.
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I launched National Ugly Mugs when I was a Home Office Minister to reduce the violence that sex workers experience. The principle behind the scheme was not controversial. When a sex worker experiences violence or a threat, they can report it anonymously online. Other sex workers are therefore warned about a dodgy punter. That information, often the only line of defence, has saved lives, prevented repeated attacks and encouraged people who would never otherwise go to the police to start trusting them again. The ability to post online about a dangerous client is invaluable but would be caught by Amendment 310.
Since I launched it in 2012, National Ugly Mugs has disseminated more than 1.17 million alerts to sex workers warning of risks. Whatever one’s view of prostitution, no one should be assaulted, raped or murdered for the work they do. National Ugly Mugs was never about endorsing prostitution. It was about reducing harm and preventing homicide. The evidence is clear that where harm reduction schemes exist, sex workers are better able to report violence, share intelligence and access justice. Where they are removed, people go underground and the violence gets worse, not better.
The argument often put forward is that the Nordic or buyer criminalisation model would make the scheme unnecessary. But if you look honestly at the evidence from Sweden, Norway and France, you will see that violence did not disappear. It went into the shadows and underground. Sex workers in those countries report being more isolated, less able to screen clients and more fearful of the police. We should not repeat those mistakes here. It is a dangerous illusion to think that by abolishing the tools that keep people safe, we abolish the reality of prostitution. We do not. We simply make it more dangerous.
Amendment 310 would also criminalise family members and the extended support networks that many sex workers rely on in order to carry out their sex work, and it would criminalise the many sex workers who support other sex workers in carrying out their services. It would criminalise any business—such as banks, mobile phone providers, taxi services or web hosting providers—that knew or ought to know that it was providing services to sex workers and was thereby assisting them in carrying out their activities.
Sex workers are already among the most discriminated-against groups in the UK, suffering appalling stigma. To take just one of the examples set out above, the Financial Conduct Authority recently warned financial institutions not to close the bank accounts of those they suspect or know are carrying out sex work because of the significant harm caused by doing so. Providing a sex worker with a bank account enables them to receive payment for sexual services, and this would clearly be caught by the Bill because it is facilitating or assisting the sex worker in carrying out their work.
The amendment would compel banks to close sex workers’ accounts and would perpetuate such harm. The net result of the amendment would be to shut sex workers out of the economy and prevent them accessing the services and support they need to work safely, pushing them into more dangerous and more difficult working environments. The displacement of sex workers away from the support services they rely on would make it more difficult for sex workers to survive and make it more challenging for those who care about and serve those communities to locate and to help them.
My second issue is the move to criminalise the publishing or display of any advertisement for sexual activity. This section of the amendment seeks to criminalise the operations of the adult service websites, ASWs, and make it impossible for sex workers to advertise online. In the modern world, most sex workers do use adult service websites to advertise their services, and working in that way means that sex workers remain in control of the services they offer and the environment in which they work, and can take steps to screen the clients they are planning to meet in advance of doing so. For example, they can take ID information and/or prepayment, and use online checking tools such as the National Ugly Mugs scheme, which I launched, to see whether the phone number or email address contacting them has previously been linked to violent or abusive behaviour.
Supporters of the amendment will argue that because traffickers also attempt to use these platforms to advertise those they are criminally exploiting, they should be outlawed. However, outlawing the means for sex workers to advertise would not remove the sex workers themselves. They would instead be forced to adopt new approaches to sourcing clients, and that would have four main effects.
First, as evidenced by outcomes in other countries, online advertising for sex work would still exist but in a different form. Rather than sex workers advertising themselves openly as providing sexual services, they would instead advertise non-sexual companionship or massage services in such a way as to give the website proprietor grounds to demonstrate that they do not know that sexual activities are being advertised. This would make it harder to identify and provide outreach and support to those who are, in reality, carrying out sex work, and harder for law enforcement to screen adverts and assess risk.
Secondly, it would mean that advertising would be pushed to less visible areas of the internet, such as private messaging groups, social media and the dark web, where it would be out of sight of law enforcement and those seeking to provide support services to sex workers. UK national policing agencies have made clear that for this reason they do not support the outlawing of adult sex websites.
Thirdly, some ASWs would instead move offshore and carry on business out of reach of UK policing. They would also stop providing evidential materials to UK law enforcement, making it harder for police to investigate and prosecute genuine cases.
Fourthly, it would increase the levels of danger facing sex workers by forcing them off the internet and on to the streets. On-street work is universally acknowledged as being far more dangerous than online. In this scenario, sex buyers would hold all the power in negotiations and those who seek to harm sex workers would have greater opportunities to do so.