Tag Archives: decriminalisation

The Great Sex Work Decriminalisation Swindle

As reported here last week, a parliamentary committee issued a report calling for sex work decriminalisation. My own reaction was somewhat sceptical; in contrast, sex worker activists and commentators rejoiced at a “historic victory” which, to me, didn’t seem much like a victory at all. This rejoicing led to deep confusion among observers, many of whom mistakenly believed that Parliament had rejected the “Nordic model”, which criminalises the purchase of sex.

In the intervening days, my scepticism has deepened. The sex work author and researcher Laura Agustín also questioned the report, referring to it as “meaningless”, and writing on Facebook:

“My advice is do not rejoice: This is stage one of making an anti-sex-buying law in which women selling are decriminalised while men buying are criminalised”

I agree: last week’s announcement was not a win for decriminalisation, but simply a deferral of the key decision wrapped in confusing language. And while, yes, the way is still left open for the committee to back decriminalisation, that isn’t what happened last week. Nor, I suspect, will it be the committee’s final verdict.

No decision has yet been made

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First of all, the committee (as it made clear) has not reached a decision on whether to follow the New Zealand model (decriminalisation), the Nordic model (criminalise buyers) or some form of legalisation. Since this is the only decision that matters, then nothing of substance has yet happened. All the committee announced was that, whichever decision it eventually makes, it recommends the reform of laws on brothel-keeping and soliciting. But this is just stating the obvious: whether the committee favours New Zealand, Sweden, Germany, or some other model, there will be no point maintaining existing restrictions on brothels. So the lip-service paid to decriminalisation is – as Agustín says – meaningless, and apparently designed to mislead.

“Decriminalisation” has changed meaning

A good way to tell if you’re winning is to watch the reactions of your enemies. If – as sex worker campaigners claim – this is a victory, then prohibitionists will be fuming, right? Except… they aren’t. What the campaigners seem to have missed is that both sides have embraced the language of “decriminalisation”. Here, for example, is Vera Baird QC:

“Regardless of whatever brings women into sex work … I fully back the notion of decriminalising sex workers”

Yet Baird is a staunch prohibitionist. This is politics: when your opponent has succeeded in setting the narrative, steal their narrative. Note the subtle use of “workers” rather than “work”. Similarly, the Christian Tory MP David Burrowes has called for soliciting to be decriminalised. Both Baird and Burrowes went on to call for the Nordic model to be implemented in the UK: which is semantic nonsense, since the Nordic model criminalises sex buyers.

In other words, “decriminalisation” can now either mean decriminalisation, or the exact opposite, depending who uses it.

Why has a meaningless statement been issued?

Given that the interim report means almost nothing until the key decision has been made, the question then arises as to why it was issued at all. I asked activists who were close to the inquiry process, but none seemed able to answer the question. The report was clearly issued to get media attention; if it was intended to confuse and misdirect people, it apparently succeeded.

The political climate is ugly

As I have noted for some years, British liberalism appears to be in decline across the spectrum. This is true on both the political right and left; the liberal centre has shrunk as social conservatives and authoritarians have taken over both wings of politics. In this climate, it would be surprising if a radical decision – such as decriminalising sex work – were to take place.

I hope Augustín and I are wrong, and the sex work representatives are right; but as things stand right now, it seems to me that we have been witness to the Great Decriminalisation Swindle.