 | Cannabis Inquiry: How liberal is this parliament? |
 BY PHIL SAXBY
NORML News Winter 2003
Women voted in favour by 21 to 12. Men voted against it by 47 to 38. Georgina Beyer, MP for Waiarapa and the only person claiming first hand experience of the industry, gave an emotional speech in favour. The outcome (if you have not guessed) was that the New Zealand Parliament passed by one vote (60-59) the Prostitution Reform Bill in June this year.
"I don't want to frighten my colleagues too much, but the next challenge really is about drug policy. What I know is the current law in terms of drugs does exactly what the prostitution law has done until now, which is to drive people who are vulnerable anyway into more harm." - Tim Barnett MP, author of Prostitution Reform Act.
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The vote was a free vote, traditionally called a conscience vote. Some parties voted en bloc (as a block), but three parties split their votes: Act, Labour and National. A free vote will most likely be used to decide on any cannabis reform bill during this Parliament, so its worth looking at what happened with the Prostitution Bill as a guide to the process.
More than that, the votes are a guide to this Parliament's willingness to reform the law as it affects so-called moral issues: prostitution, euthanasia, alcohol, drugs and gambling. Before the vote, journalists thought Tim Barnett's Bill was headed for defeat, assuming that the election of 8 United Future MPs and 13 NZ First MPs had tilted Parliament towards conservatism - especially on morality issues. The "No" campaign in Parliament was orchestrated by Larry Baldock, a United MP. In the event, all 21 United Future and NZ First MPs voted against the Bill yet still it passed.
The current Parliament thus voted for what Tim Barnett describes as "the world's most advanced harm minimisation environment for prostitution". Even though the margin of victory was just one vote, that still represents a stinging setback for those in United Future and other parties who think Parliament should assert traditional moral ideas. This Parliament is still - just - a liberal Parliament!
Prostitution is not simply a question of personal choice, and the vote on Tim's Bill did not split MPs neatly into liberals and traditionalists on whether certain individuals and businesses should have legal protection for their consenting actions and transactions. Some feminists were opposed to the Bill, even though most women MPs voted for it. Overall, however, the vote in favour by 60 MPs was an indication of their commitment to allow personal choices to be made, and to focus on the practical effect of the law instead of posturing about "sending the wrong message".
Sixty-one MPs withstood immense pressure from traditional "moralists" to vote against the Bill. They did so to provide legal relief to a very small (and despised) minority in our community. For many, it took courage.
Cannabis law reformers can definitely take heart from the vote on Tim Barnett's Bill. The "morals" lobby can be defeated by those whose cause is justice and who can offer a practical means of removing injustices in the law.
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