John Banks: City shoulders load of making law work

COMMENT

The Kapiti District Council had the right idea when it talked about banning brothels. That part of the country wants, rightly, to be known for its retirement villages, not red lights.

Under the Prostitution Reform Act, however, it doesn't have the luxury. Councils do not have the power to ban brothels entirely.

In June, Parliament narrowly passed the bill decriminalising prostitution. Labour MP Tim Barnett promises it will safeguard the human rights of sex workers, protect them from exploitation, promote their welfare and occupational safety and health, protect children from exploitation, and create an environment that is conducive to public health.

Let's hope the new act does all of the above, but I have serious doubts.

While it was Parliament's decision to decriminalise prostitution, every council is now in the difficult position of administering the Prostitution Reform Act. This is no easy task and developing and enforcing bylaws will be costly.

The greatest costs, however, won't be ratepayers' money. My fear is that the costs will come in the form of more drugs and more dangers.

Taking powers away from the police will make it easier for gangs to pedal their drugs through these lucrative outlets. What's more, given New Zealand is now a soft touch, the number of foreign sex workers coming to our country will likely increase.

Such grim predictions are not just mine. Brothel owners are also concerned that the new era will not bring about safety and security but quite the opposite.

Soon after the passing of the legislation, the Women's Affairs Minister, Ruth Dyson, presented the case to a key international women's committee at the United Nations. Members wasted no time rebuking her, saying she should go home and overturn the legislation. They reminded the minister that prostitution treated women like pornography and is humiliating and oppressive.

I don't make any judgments about women who need to earn a living as prostitutes. However, I agree with the Prime Minister that the industry is abhorrent.

Having said all this, the Auckland City Council now has to play the hand we have been dealt. It is not core council business but my fellow councillors, led by committee chairwoman Juliet Yates, are determined to do all we can to protect citizens and the reputation of the city.

We won't be the city of sleaze. We are the City of Sails.

I believe our draft bylaw, endorsed last week by the council's city development committee, shows great leadership and is undoubtedly a model for other metropolitan areas to follow.

What can the Auckland City Council do? In short, we can control the location of brothels and restrict the way they market and promote themselves through their advertising signs.

Our draft bylaw proposes the location of all brothels be restricted to certain inner-city and industrial areas.

We suggest brothels be kept out of residential areas and not be within 250m of a school, pre-school, place of worship, major public transport interchange, or community facility. Central-city restrictions also apply, with brothels unable to operate in areas such as residential and tertiary education precincts, or at ground level on retail frontages or main shopping streets.

Existing brothels that don't comply with the new location rules must move on by the middle of next year.

Some tough rules will be enforced around signage, so it does not cause offence or detract from the existing character of an area. Words and images that the council considers explicit, lewd or offensive will be prohibited. The size and number of signs per brothel will be restricted.

Our draft bylaw also addresses operational health and safety issues for brothels.

Auckland City's environmental health officers will do their best to inspect every brothel, but the act makes blanket coverage near impossible. The list of certified brothel operators will be kept secret, making it very difficult for health inspectors to find out where all the operations are.

It is outrageous that, in some cases, public health problems will become apparent to officials only when queues are seen forming outside sexually transmitted disease clinics.

Anyone can find out who is seeking and holds a liquor licence, but, bizarrely, there will be no transparency around the certification of brothel operators. This so-called legitimate profession remains partly hidden behind a veil of secrecy.

My many concerns about this ill-conceived legislation remain, but, again, we just have to get on and manage it.

This council's ethos is doing things once and doing them right. If we are to achieve all we propose, it is important the public makes itself heard during the consultation process, which is likely to begin next month.

Just because you live in a residential zone, don't be complacent. The City of Sails is ours to protect for our grandchildren.

* John Banks is Mayor of Auckland City.