Now the Prostitution Law Reform Act has been passed by a razor's-edge majority, the challenge for successive governments is to ensure that its stated aims are achieved: to safeguard the human rights of sex workers, protect them from exploitation, promote their welfare and occupational safety and health, protect children from exploitation, and to create an environment that is conducive to public health.
If objective evidence can demonstrate this is being achieved, I, as one of those who voted against the legislation, would feel more comfortable supporting it into the future.
A positive feature of the law is the setting up of a prostitution law review committee that must, as soon as practicable, assess the number of people working as sex workers, any prescribed matters relating to sex workers or prostitution, and report its findings to the Minister of Justice.
Further, the committee must, no sooner than three years but before five, review the operation of the act. Among other things it must consider whether any changes are necessary, assess the nature and adequacy of the means available to help people to avoid or cease working as sex workers, and report back to Parliament.
This is a daunting task and a huge responsibility, not only for the committee but for all MPs.
As a former gynaecologist and member of the Abortion Supervisory Committee, I despair that year after year Parliament takes little notice of that committee's annual reports and recommendations, particularly those that have urged more resources for education, access to choice of quality contraception, and access to sterilisation services.
Will parliament and the government of the day take any notice of the prostitution law reform committee?
The key feature when the Dutch abortion laws were liberalised in the 1970s was that both Catholics and Calvinists were determined to put in place a framework to minimise harm before the legislation was enacted.
Huge resource and efforts from thousands of people on either side of the equation made sure that lifelong education in human biology and physiology was available from preschool, and that first-class contraception and sterilisation services were available, as well as safe abortion services.
Here, no comparable efforts or resourcing were made and we now have an abortion rate four times that of the Dutch.
When one hears of teenagers in Northland prostituting themselves for drugs and sees young men and women in desperate circumstances selling their bodies in South Auckland, it is time we took stock of the need to break the cycle of disadvantage.
We used to be proud of our tradition of caring for families and the young. While liberalising legislation is attractive, there are disciplines that must go with it if it is to succeed.
It is generally accepted that the drivers towards prostitution are mainly economic, and are often associated with family breakdown, dysfunction and drug-taking. Plunket, the Children's Poverty Action Group, Youth Court Judge Andrew Becroft and the Paediatrics Society have all pleaded for New Zealand to become more concerned about our children's start in life and the resourcing priorities that go with it.
The key to breaking cycles of disadvantage starts before conception. All children should have the chance to achieve their full potential by having access from birth to first-class parenting, education and health, but as adults should be expected to exercise individual responsibility.
My great concern is that although the prostitution laws have been liberalised, successive governments have not put in the underpinning to minimise harm. Realistic options of work, training for the street kids soliciting in South Auckland, and effective rehabilitation programmes are lacking.
Economic growth is vital if the resourcing issue is to be achieved, and any government is guilty if it bends to populism rather than carry out policies of accepted best international economic practice.
It is easy to become immunised to a new era of social practice. In my experience, most professionals involved with abortion services do so with great sincerity, expertise and concern for the safety of the women involved.
With issues such as euthanasia, abortion and prostitution, the goal of upholding the highest human values, ideals and ethics must be kept at the forefront. History shows us that subconscious acceptance of the new status quo can become surprisingly easy. The basic ideals of human dignity can be easily undermined.
The prostitution law review committee will have 11 members appointed by the Minister of Justice. The Government must prove its responsibility by resourcing that committee properly, insisting that meaningful data and monitoring of the act take place immediately, and responding to the recommendations. The media have a responsibility to report progress.
Now that prostitution law reform is in place, the promoters must use the same zeal and determination they used in promoting the act to insist the committee is effective and the aims of the act are achieved.
If not, they will have failed, and the repealing of the legislation would be justified.
* Dr Paul Hutchison is the National MP for Port Waikato.
Herald Feature: Prostitution Law Reform
Related links
<i>Paul Hutchison:</i> Zeal needed by MPs to scrutinise sex industry
AdvertisementAdvertise with NZME.