Policing fears likely to sink sex-worker bill

25.06.2003
By HELEN TUNNAH, deputy political editor

A controversial bid to decriminalise prostitution appears doomed because of fears that proposed law changes cannot be policed and will open the door to organised crime running brothels.

Politicians will today vote according to their consciences on passing the Prostitution Reform Bill into law, but a tally of their intentions last night suggested the bill could fail by the narrowest of margins.

An informal count indicated a tied 60-60 vote among the 120 MPs, which would see the bill defeated and leave acts such as soliciting and the running of brothels illegal.

The bill's fate rests on two or three faltering National MPs and the vote of New Zealand's first Muslim MP, Labour's Dr Ashraf Choudhary.

He admitted yesterday he had not decided how he would vote despite intense lobbying from his constituents, including New Zealand's Muslim community.

He has opposed the bill, but his proxy vote was mistakenly cast in support the last time MPs voted.

The bill may also hinge on strong criticisms of it from the Police Association, with president Greg O'Connor labelling recent changes to certify brothel operators as unworkable and "very, very naive".

He said the association was not opposed to decriminalisation, but MPs needed to draft a law that could be enforced.

"This is police out, criminals in. It will make it very much worse for women. Let's start again - what's good for the women, what's good for society and keeping organised crime out of it."

Plans to issue brothel-keepers with certificates would not stop gangs or criminals simply putting up a front person as their operator.

Labour MP Tim Barnett's bill aims to decriminalise prostitution by no longer outlawing soliciting or running brothels.

It would introduce a new regime for brothel operators, requiring them to be certified each year by the courts. The proposed law says anyone with a serious criminal conviction, such as murder or rape, would not get a certificate.

It would also allow sex workers to be covered by employment and health and safety laws and directs brothel operators, sex workers and clients to practise safe sex.

Mr Barnett yesterday made a last-ditch attempt to rally support for the bill by organising a press conference of backers, including the Prostitutes Collective, Aids Foundation and the Family Planning Association.

Prostitutes Collective co-ordinator Catherine Healey asked why society tolerated men paying for sex while denying rights to sex workers.

"We find this so unpalatable."

The last time MPs voted on the bill, two weeks ago, supporters held a narrow 62-57 majority, with one abstention recorded from National MP Pansy Wong.

But both the proxy votes of Dr Choudhary and Ms Wong should have been cast against the bill, which would have narrowed the margin to 61-59.

Now National's Helensville MP, John Key, has also said he will switch from supporting the bill to voting against it. His colleagues Murray McCully and Dr Lockwood Smith are also wavering, after previously voting in favour.

Ms Wong said the bill's certification process was weak and provided too few protections against organised crime.

"It's too easy to put up a front person. Organised gangs and groups will be able to run brothels."

Mr Key said he doubted the ability of the police and local authorities to enforce the planned law.

Politicians had previously voted to lower the drinking age, but because it was not properly enforced they had simply created a social problem.

United Future MP Larry Baldock said yesterday that if the bill was defeated, his party - which opposes it - will promote a select committee inquiry into the prostitution industry and its working conditions.

Herald Feature: Prostitution Law Reform