Barnett Tim: Prostitution Reform Bill — In Committee 
Barnett Tim: Prostitution Reform Bill — In Committee 
[Volume:608;Page:5226] 
TIM BARNETT (NZ Labour—Christchurch Central) 
: 
 I thought it might be useful at this stage to take some account of the list I presented to the House and to talk a little about the concept of decriminalisation. I would like to refer to the bill rather than to any imaginary activities about prostitution which some people in the Chamber like to talk about. 
The bill contains two key definitions. Firstly prostitution means the provision of commercial sexual services and secondly commercial sexual services are sexual services that involve physical participation by a person in sexual acts with and for the gratification of another person and are provided for payment or other reward. So when we start to think about this legislation we should begin with those two things—the word “prostitution” that means the provision of commercial services and the definition of those commercial sexual services. If we are trying to design law in accordance with what is necessary and desirable rather than starting off with what we have now the first question we have to ask is whether commercial sexual services as described in the bill should be criminal activities. The fundamental point in this bill is that no there is nothing in those activities that should automatically mean that they are criminal. However prostitution contains risks and threats that any sensible legislation should seek to address so when we build up the decriminalisation model we take the risks and harms associated with prostitution one by one and then work out whether the current law is sufficient to address them or whether special law is needed. 
We can for example look at the issue of sexually transmitted diseases which has been mentioned already this evening. Yes there are particular harms and there is the threat that clients may pay more for unsafe sex. Therefore it is necessary to have the particular provisions that exist in this bill which put increased responsibilities on operators in the sex industry to ensure that safer sex information is available. 
Secondly there is clearly a particular risk or harm associated with underage sex workers—sex workers under 18 years old. The bill addresses that risk by increasing the penalties for the clients of those workers. 
Thirdly there is clearly an issue of imbalance of power and when we have an imbalance of power in this sort of area we end up with coercion so this bill increases penalties for coercion. 
Fourthly as the select committee heard repeatedly there is a problem when sex workers are unable to exit easily from the sex industry. For example they get criminal records from being sex workers and from carrying condoms in the street. As a result they cannot easily get other jobs. Under this bill prostitution–related criminal records will cease and therefore it will be easier for those workers to exit the industry. However we also recognised that a lot of the issues about people being trapped in the sex industry are actually about social policy the benefit system and a range of other things and that is why the bill establishes a review committee. One of its terms of reference is to look at why people enter the sex industry and how best to deter them from doing that; and secondly how best to encourage people to exit that industry. 
The fifth area of risks and harms is about environmental risks and harms. Offensive signage which was a complaint made by a number of submitters is dealt with in the bill. It enables local bodies if they so choose to ban offensive signage related to the sex industry. Under Phil Goff’s amendment rules respond to the concerns expressed by local bodies to enable them to consider amenity issues as well as all the physical and environmental effects when considering the location of brothels. 
The other thing the bill does is to make sure that existing laws which we have spent years creating through this Parliament are there to apply to the sex industry. For example other environmental nuisances such as parking and noise can be dealt with through the Resource Management Act and other local body regulations. Secondly poor employment conditions in the sex industry and poor health and safety conditions can be met by exposing workers in the industry to the reality of our excellent employment relations legislation and secondly to our health and safety legislation. Occupational safety and health officials explained to the committee how they would have to orient their services to understand more about the sex industry and to intervene in order to improve health and safety for sex workers. 
Harassment by street workers is a concern for some people and we have a clear indication that the Summary Offences Act can deal with prostitutes working the streets who are harassing the general public so there is no need for separate legislation to deal with soliciting. That is the essence of decriminalisation: we strip away the specific laws relating to that industry when they are unnecessary but we tighten if necessary the laws that are specific to the real evils that exist. The decriminalisation model is contained here in the legislation. 
There is one last point which is pretty inherent in what I have just said. Lynda Scott said that there was nothing in this bill for women working as sex workers. I have already mentioned some provisions but if she is listening I will repeat them for her benefit. Occupational safety and health and safer sex provisions mean that health and safety gets a greater focus in the industry. The Employment Relations Act and the exposure to the tax system will make those workers feel more part of our society. The fear of police action—a fear that has become a reality in Auckland with three police operations against prostitutes in the last 5 weeks; two by coincidence on nights when we were either discussing this bill or planning to discuss it—is an indication of a waste of police resources that can be better allocated elsewhere. Removing that fear from sex workers however is pretty fundamental to this bill. Finally the review committee marks the first time anywhere in the world that prostitution reform has been tied to setting up a body to look at some of the long-term effects of the law change and report back to the Government and Parliament within 3 to 5 years. Those are all absolute benefits that women working as prostitutes will receive from this legislation.