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Is Smith right on prostitution?

Moves to tackle trafficking and prostitution may be well intentioned but is there a whiff of a moral

When - on Wednesday, 19 November, Jacqui Smith, Home Secretary, announced plans to tackle prostitution they included a raft of measures focusing on the men that pay for sex.

  • The introduction of a specific strict liability offence of paying for sex with someone who is controlled for another person’s gain, with a fine of £1000
  • Running a marketing campaign aimed specifically at sex buyers to raise awareness about trafficking for sexual exploitation
  • Making it possible to prosecute kerb crawlers without needing to prove that they are 'persistent'
  • Making it easier to close brothels where there is evidence of trafficking, child sexual exploitation, or causing, inciting or controlling prostitution for gain.

The rationale for these measures is to be found in a document issued by the Home Office called: Tackling the Demand for Prostitution: A Review.

There is no doubt that some of the aim of these measures is justified. Trafficking can involve tricking girls and women into believing that they are coming to Britain to be, for example, waitresses, but when they arrive they find they are detained against their will and forced to work long hours as prostitutes.

This constitutes serial rape. Moreover the victims are liable to face serious problems on returning home. They may be disowned by their own families and communities, and they or their families may face reprisals from the traffickers.

However, there is a strong suggestion of a moral crusade which links radical feminism and a conservative disapproval of prostitution at work. In a Commons answer on October 9, 2008, Vera Baird, the Solicitor General, was asked why, if there was such a problem with trafficking, there were relatively few arrests.

She answered in part: "We are concentrating on demand because it is clear that 58 per cent of the population would ban prostitution entirely and make it an offence, if they were satisfied — as I am — that it encourages trafficking. We will look closely at bringing into force deterrent legislation to try to cut demand."

The background to this is two police operations against trafficking. Pentameter 1 took place in 2006. It involved all 55 police forces, raided 515 premises, and produced 88 confirmed victims of trafficking.

Pentameter 2 - as described in the Home Office Review - took place between October 2007 and March 2008, again involved all 55 police forces, raided 822 premises and rescued 172 victims.

According to the Home Office there are about 80,000 people involved in prostitution in the UK. The police raids will presumably have targeted massage parlours offering exotic lovelies rather than English girls. The results are thus pretty disappointing.

Much of the academic work on prostitution is critical of the direction the Home Office is taking. Similar criticisms are made by the English Collective of Prostitutes. Some of the main criticisms of the assault on trafficking are: Surveys suggest that some 10 per cent of British men have paid for sex at some time.

Criminalising 10 per cent of the male population should be approached with caution.

Although there are undoubtedly violent and unpleasant clients, a major theme of reports of visits to prostitutes on websites such as Punternet is affectionate appreciation, a desire for GFE (Girl Friend Experience).

The majority of women working as independent escorts or in massage parlours appear to be British, not trafficked or coerced, and not addicted to drugs. Their motivation is essentially financial. One of the entries on the SAAFE website, which offers advice to independent escorts, counsels them to pace themselves because it is easy to get tired out because of the temptation to overwork thanks to the large amounts of money to be made.

Although trafficking people into sexual and other forms of slavery undoubtedly occurs, it should be remembered that there is also people smuggling, meaning getting illegal immigrants into Britain for a fee.

Undocumented economic migrants are terribly vulnerable to exploitation. Those working in prostitution may well simply regard it as more lucrative than agricultural work, food preparation, working in restaurants or cockle picking. Earnings from prostitution in Britain are higher than in Third World countries, so that the UK is attractive to women already working as prostitutes elsewhere for the same sorts of reasons that the UK is attractive to other people from the Third World.

A common situation seems to be something in between slavery and free labour, in which the migrant is helping to pay off the smuggling fee.

A major source of anxiety for undocumented migrants working as prostitutes is that their 'rescue' will lead to deportation. They may be reluctant to give evidence against 'traffickers' because they are trying to keep their side of a bargain with the people who got them here, rather than because of intimidation.

Clients are a potential resource against trafficking into sexual slavery, as they can be encouraged to report possible trafficking by organisations such as BlueBlindfold. If they are criminalised by a strict liability offence and the possibility of being accused of rape they are unlikely to do so.

Working in a brothel or massage parlour is generally seen as the safest way of engaging in prostitution. The major danger appears to be robbery rather than sexual violence.

Academics also tend to be critical of the Home Office encouragement of a zero tolerance approach to street prostitution as piloted in Middlesbrough.

Street prostitution has been a perennial feature of British life since at least the middle ages, when many towns had a street called Gropecunt Lane.

There is therefore a worry that such a policy will merely push street prostitution underground and make it more dangerous for the women involved.

Such an approach tends to disrupt outreach schemes which offer counselling, health advice and encouragement to quit.

Because potential clients are afraid of arrest in red light areas, prostitutes tend to work in other areas, at greater danger to themselves. This can involve a shift from light industrial areas, which are relatively empty in the evening, to residential areas.

There seems at least a possibility that anyone living with a prostitute, and hence at least partially living off her earnings, may be identified as a pimp, thus rendering any client of a street prostitute liable to a criminal record and a £1000 fine.

As with trafficking, the more clients are criminalised the less they are likely to cooperate in any attempts to apprehend men who rob, rape and murder street prostitutes.

The Home Office encouragement of women to desist from street prostitution is laudable if it involves providing services for voluntary use. However, the policy document A Co-ordinated Prostitution Strategy carries suggestions that women who fail to desist with encouragement will face more Draconian measures, notably ASBOs which can result in up to 5 years imprisonment rather than the fines which street prostitutes have faced in recent years.

Overall the concern of critics is that the increased criminalisation of an activity that is largely voluntary will cause more misery than the evils it is intended to cure.

Dr Mark Cowling is Reader in Criminology at the University of Teesside

Dr Mark Cowling is Reader in Criminology at the University of Teesside. He is the author of Date Rape and Consent and Marxism and Criminological Theory: A Critique and a Toolkit.
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The secret anti-capitalist history of McDonald’s

As a new film focuses on the real founder of McDonald’s, his grandson reveals the unlikely story behind his family’s long-lost restaurant.

One afternoon in about the year 1988, an 11-year-old boy was eating at McDonald’s with his family in the city of Manchester, New Hampshire. During the meal, he noticed a plaque on the wall bearing a man’s face and declaring him the founder of McDonald’s. These plaques were prevalent in McDonald’s restaurants across the US at the time. The face – gleaming with pride – belonged to Ray Kroc, a businessman and former travelling salesman long hailed as the creator of the fast food franchise.

Flickr/Phillip Pessar

But this wasn’t the man the young boy munching on fries expected to see. That man was in the restaurant alongside him. “I looked at my grandfather and said, ‘But I thought you were the founder?’” he recalls. “And that’s when, in the late Eighties, early Nineties, my grandfather went back on the [McDonald’s] Corporation to set the history straight.”

Jason McDonald French, now a 40-year-old registered nurse with four children, is the grandson of Dick McDonald – the real founder of McDonald’s. When he turned to his grandfather as a confused child all those years ago, he spurred him on to correct decades of misinformation about the mysterious McDonald’s history. A story now being brought to mainstream attention by a new film, The Founder.


Jason McDonald French

“They [McDonald’s Corporation] seemed to forget where the name actually did come from,” says McDonald French, speaking on the phone from his home just outside Springfield, Massachusetts.

His grandfather Dick was one half of the McDonald brothers, an entrepreneurial duo of restaurateurs who started out with a standard drive-in hotdog stand in California, 1937.

Dick's father, an Irish immigrant, worked in a shoe factory in New Hampshire. He and his brother made their success from scratch. They founded a unique burger restaurant in San Bernardino, around 50 miles east of where they had been flogging hotdogs. It would become the first McDonald’s restaurant.

Most takeout restaurants back then were drive-ins, where you would park, order food from your car, and wait for a “carhop” server to bring you your meal on a plate, with cutlery. The McDonald brothers noticed that this was a slow, disorganised process with pointless costly overheads.

So they invented fast food.

***

In 1948, they built what came to be known as the “speedy system” for a fast food kitchen from scratch. Dick was the inventor out of the two brothers - as well as the bespoke kitchen design, he came up with both the iconic giant yellow “M” and its nickname, the “Golden Arches”.

“My grandfather was an innovator, a man ahead of his time,” McDonald French tells me. “For someone who was [only] high school-educated to come up with the ideas and have the foresight to see where the food service business was going, is pretty remarkable.”


The McDonald brothers with a milkshake machine.

McDonald French is still amazed at his grandfather’s contraptions. “He was inventing machines to do this automated system, just off-the-cuff,” he recalls. “They were using heat lamps to keep food warm beforehand, before anyone had ever thought of such a thing. They customised their grills to whip the grease away to cook the burgers more efficiently. It was six-feet-long, which was just unheard of.”

Dick even custom-made ketchup and mustard dispensers – like metal fireplace bellows – to speed up the process of garnishing each burger. The brothers’ system, which also cut out waiting staff and the cost of buying and washing crockery and cutlery, brought customers hamburgers from grill to counter in 30 seconds.


The McDonald brothers as depicted in The Founder. Photo: The Founder

McDonald French recounts a story of the McDonald brothers working late into the night, drafting and redrafting a blueprint for the perfect speedy kitchen in chalk on their tennis court for hours. By 3am, when they finally had it all mapped out, they went to bed – deciding to put it all to paper the next day. The dry, desert climate of San Bernardino meant it hadn’t rained in months.

 “And, of course, it rained that night in San Bernardino – washed it all away. And they had to redo it all over again,” chuckles McDonald French.

In another hiccup when starting out, a swarm of flies attracted by the light descended on an evening event they put on to drum up interest in their restaurant, driving customers away.


An original McDonald's restaurant, as depicted in The Founder. Photo: The Founder

***

These turned out to be the least of their setbacks. As depicted in painful detail in John Lee Hancock’s film, Ray Kroc – then a milkshake machine salesman – took interest in their restaurant after they purchased six of his “multi-mixers”. It was then that the three men drew up a fateful contract. This signed Kroc as the franchising agent for McDonald’s, who was tasked with rolling out other McDonald’s restaurants (the McDonalds already had a handful of restaurants in their franchise). 

Kroc soon became frustrated at having little influence. He was bound by the McDonalds’ inflexibility and stubborn standards (they wouldn’t allow him to cut costs by purchasing powdered milkshake, for example). The film also suggests he was fed up with the lack of money he was making from the deal. In the end, he wriggled his way around the contract by setting up the property company “McDonald’s Corporation” and buying up the land on which the franchises were built.


Ray Kroc, as depicted in The Founder. Photo: The Founder

Kroc ended up buying McDonald’s in 1961, for $2.7m. He gave the brothers $1m each and agreeing to an annual royalty of half a per cent, which the McDonald family says they never received.

“My father told us about the handshake deal [for a stake in the company] and how Kroc had gone back on his word. That was very upsetting to my grandfather, and he never publicly spoke about it,” McDonald French says. “It’s probably billions of dollars. But if my grandfather was never upset about it enough to go after the Corporation, why would we?”

They lost the rights to their own name, and had to rebrand their original restaurant “The Big M”. It was soon put out of business by a McDonald’s that sprang up close by.


An original McDonald restaurant in Arizona. Photo: Flickr/George

Soon after that meal when the 11-year-old Jason saw Kroc smiling down from the plaque for the first time, he learned the true story of what had happened to his grandfather. “It’s upsetting to hear that your family member was kind of duped,” he says. “But my grandfather always had a great respect for the McDonald’s Corporation as a whole. He never badmouthed the Corporation publicly, because he just wasn’t that type of man.”

Today, McDonalds' corporate website acknowledges the McDonalds brothers as the founders of the original restaurant, and credits Kroc with expanding the franchise. The McDonald’s Corporation was not involved with the making of The Founder, which outlines this story. I have contacted it for a response to this story, but it does not wish to comment.

***

Dick McDonald’s principles jar with the modern connotations of McDonald’s – now a garish symbol of global capitalism. The film shows Dick’s attention to the quality of the food, and commitment to ethics. In one scene, he refuses a lucrative deal to advertise Coca Cola in stores. “It’s a concept that goes beyond our core beliefs,” he rants. “It’s distasteful . . . crass commercialism.”

Kroc, enraged, curses going into business with “a beatnik”.


Photo: The Founder

Dick’s grandson agrees that McDonald’s has strayed from his family’s values. He talks of his grandfather’s generosity and desire to share his wealth – the McDonald brothers gave their restaurant to its employees, and when Dick returned to New Hampshire after the sale, he used some of the money to buy new Cadillacs with air conditioning for his old friends back home.

“[McDonald’s] is definitely a symbol of capitalism, and it definitely sometimes has a negative connotation in society,” McDonald French says. “If it was still under what my grandfather had started, I imagine it would be more like In'N'Out Burger [a fast food chain in the US known for its ethical standards] is now, where they pay their employees very well, where they stick to the simple menu and the quality.”

He adds: “I don’t think it would’ve ever blossomed into this, doing salads and everything else. It would’ve stayed simple, had quality products that were great all the time.

“I believe that he [my grandfather] wasn’t too unhappy that he wasn’t involved with it anymore.”


The McDonald’s Museum, Ray Kroc’s first franchised restaurant in the chain. Photo: Wikimedia Commons

Despite his history, Dick still took his children and grandchildren to eat at McDonald’s together – “all the time” – as does Jason McDonald French with his own children now. He’s a cheeseburger enthusiast, while his seven-year-old youngest child loves the chicken nuggets. But there was always a supersize elephant in the room.

“My grandfather never really spoke of Ray Kroc,” he says. “That was always kind of a touchy subject. It wasn’t until years later that my father told us about how Kroc was not a very nice man. And it was the only one time I ever remember my grandfather talking about Kroc, when he said: ‘Boy, that guy really got me.’”

The Founder is in UK cinemas from today.

Anoosh Chakelian is senior writer at the New Statesman.