Holyrood committee recommends swift ban on controversial conversion therapies

The Scottish Government should take swift action to ban conversion therapy practices rather than wait for the UK Government to legislate, a report from Holyrood’s Equalities, Human Rights and Civil Justice Committee has found.

Conversion therapy is a term used to describe practices used to try to change or supress a person’s sexual orientation or gender identity.

The Scottish Government made a commitment to ban the practice in its 2021-22 Programme for Government, noting that it would bring forward “legislation that is as comprehensive as possible within devolved powers by the end of 2023, if UK Government proposals do not go far enough”.

A UK Government consultation on the matter is due to close at the beginning of February. It is intended that legislation will then be drafted “by early spring” before being introduced “as soon as parliamentary time allows”.

The Holyrood committee, which took evidence between July and August last year, said current legislation is not robust enough to stop the practice and that Scotland should not wait to hear the UK proposals to draw up Scotland-specific legislation.

Committee convener Joe FitzPatrick said conversion practices are “unacceptable” and have “gone on for far too long”, adding that a “swift and comprehensive ban” is required.

“It is clear from our scrutiny that it is happening in Scotland and existing legislation is not strong enough to prevent it,” he said.

“Nobody can consent to conversion practices. Any attempts to change someone’s gender or sexuality is wrong and that is why we believe that nothing less than a complete ban will suffice.

“There is therefore no time to waste and we must focus our efforts on Scotland-specific legislation to end this practice. A swift, comprehensive ban will ensure no LGBTI+ person is subjected to the ordeal of conversion practices ever again.”

The announcement was welcomed by campaign group End Conversion Therapy Scotland in conjunction with LGBTI+ organisations including Stonewall Scotland and the Equality Network.

Sophie Duncan of End Conversion Therapy Scotland said it was “positive to see the committee note their concern regarding how long it has taken to reach this point”.

“We have been clear from the outset of our campaign: any conversion practices ban must be fully comprehensive, protecting all of Scotland’s queer people from conversion practices, in all its forms,” she said.

“We are glad that the committee has resisted efforts from those who practice, or who support these practices, to muddy the waters of this debate.”

Dr Rebecca Crowther, policy co-ordinator at the Equality Network, said the testimony of conversion therapy survivors had helped the committee reach its conclusion.

“We want to thank them for standing up and sharing their stories so that these practices could finally be stopped,” she said.

Megan Snedden, policy and campaigns manager at Stonewall Scotland, added that the organisations would work with the Scottish Government to ensure appropriate legislation can be passed “without delay”.

“A fully comprehensive ban on conversion practices is necessary to protect LGBTQ+ communities in Scotland from harm,” she said.

“That’s why we welcome that the committee’s report makes clear that a ban must cover sexual orientation and gender identity, both adults and children, all settings, and with no exceptions for so-called consensual practices.

“We’ll continue to work with MSPs and the Scottish Government to ensure that Scotland delivers a comprehensive ban on conversion practices in the most effective manner and without delay.”

Earlier this week the Christian Institute wrote a letter to Holyrood presiding officer Alison Johnstone warning that a ban on conversion therapy could put “prayer, preaching, parenting and pastoral care that uphold biblical sexual ethics” at risk. It said it would consider legal action to oppose any “ill-thought-out legislation”.

The institute’s deputy director for public affairs, Simon Calvert, said in the letter that “the majority of MSPs on the committee are too close to the End Conversion Therapy Scotland campaign for the public to have confidence in the outcome of their deliberations in this sensitive area of policy-making”.

He added that the institute has instructed lawyers to prepare for legal action in the event that either the UK or Scottish government outlaws prayer as part of a ban on conversion therapy.