Prostitution has been taboo for too long, and reforms to the way we deal with the matter are well over due.

In his renowned book about prostitution in Malta, Edward Attard discusses how the British administration enacted the first laws on prostitution in 1898. Such laws were not necessarily intended to regularise prostitution. On the other hand, decision-makers were interested in preventing the spread of venereal diseases and restoring public order.

Loitering for the purposes of prostitution was eventually made illegal in 1902 and the same provisions were replicated in the 1930 law on prostitution, this time round on grounds of immorality.

The 1930 law on prostitution is still in force nearly a century later. Changes made to the law in the past 89 years were rather cosmetic and persons who resort to prostitution are still being criminalised.

The government has committed itself to hold a national debate on prostitution, a process which will focus on the protection of vulnerable people and the prevention of human trafficking. Any revisions to the country’s legislative framework on prostitution will seek to reduce the number of persons relying on prostitution as their only choice of earning a living.

I think that the consultation document launched last week is very clear in this regard; the government has no plans to remove the existent provisions of the law which criminalise pimping, living on the earnings of prostitution of others or the managing of brothels.

Criminalising prostitutes does not offer any tangible solutions to those in need

Pimping is to me a more subtle word for trafficking and there is no doubt of the explicit link between human trafficking and prostitution. The government is convinced that more often than not, a person enters prostitution as a result of a number of social conditions, which certainly does not augur well for the wellbeing of the individual. This is essentially the reason why prostitution and human trafficking are being dealt with in a single consultation process.

The consultation document put forward one pertinent question to the public: do you think that our country should continue to treat individuals who had no other choice other than turning to prostitution as criminals?

We are suggesting ways and means how the country could move from lip service to a proper change in the way the authorities support vulnerable people.

Researchers across the globe agree that placing a prostitute behind bars would perpetuate the suffering of the victim.

As the current law only makes loitering and soliciting for the purpose of prostitution a criminal act, the government is suggesting to replace the prosecution of prostitutes with a referral structure which seeks to offer professional support.

Criminalising prostitutes does not offer any tangible solutions to those in need. Specialised assistance will be given according to the needs of the individual and the government will be responsible for running a fully-fledged exit programme for those who wish to exit prostitution.

Moreover, the opportunity to clear someone’s criminal record from convictions related to one’s own prostitution will reduce the stigma and facilitate integration into society.

The government has launched the consultation process in order to listen to the people’s different views on prostitution and human trafficking. Taking a stand in favour of one model over another would have prejudiced the whole consultation exercise. We as a nation need to truly confront this subject with an open mind and willingness to discuss important principles with maturity and openness.

The consultation period will last until October 31. Key questions need to be answered, including how clients of prostitutes are to be treated at law. This government eagerly seeks to hear what you, the public and key stakeholders, have to say on the matter.  What I am however confident of is that there will be one major point of convergence among the stakeholders participating in this consultation process: the urgent need to give hope to those who have been desperately seeking to start a new life away from prostitution.

The State must establish the right framework to both prevent human trafficking and properly address it when it occurs.

Ultimately the wealth of our nation is also measured on how we treat the most vulnerable.

Julia Farrugia is Parliamentary Secretary for Reforms, Citizenship and Simplification.