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25 January 2022
Scotland must not wait to put an end to conversion practices, warns Holyrood’s Equalities, Human Rights and Civil Justice Committee.
In a report published today, the Committee says that legislation proposed to ban conversion practices must be full and comprehensive - covering any attempts to change a person’s gender identity or sexual orientation.
‘Conversion therapy’ is a term used to describe any methods which seek to change a person’s sexual orientation or gender identity.
The Committee’s report notes that current legislation is insufficient to stop the practice and that Scotland should not wait to hear UK government proposals before pursuing Scotland-specific legislation within the powers available to the Scottish Parliament and Government.
The report recommends that the definition of conversion practices in any proposed law makes it clear that there is no such thing as informed consent to the practice and that it cannot be used as a defence by those carrying it out.
Noting that the majority of religious organisations support a ban, the Committee also agrees that legislation should not restrict ordinary religious teaching or the right of people to take part in prayer or pastoral care to discuss, explore or come to terms with their identity in a non-judgmental and nondirective way.
The Committee indicates it is keen to learn more about the role of the Expert Advisory Group on conversion practices established by the Scottish Government - with a view to exploring how best to bring forward a ban as quickly as possible.
Speaking as the report was launched, Committee Convener Joe FitzPatrick MSP said:
“These unacceptable conversion practices have gone on for far too long.
“It is clear from our scrutiny that it is happening in Scotland and existing legislation is not strong enough to prevent it.
“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.”
According to the definition used by many, conversion therapy is an umbrella term for a therapeutic approach, or any model or individual viewpoint that demonstrates an assumption that any sexual orientation or gender identity is inherently preferable to any other, and which attempts to bring about a change of sexual orientation or gender identity or seeks to suppress an individual’s expression of sexual orientation or gender identity on that basis.
PE1817: End Conversion Therapy was lodged in August 2020. It calls on the Scottish Parliament “to urge the Scottish Government to ban the provision or promotion of LGBT+ conversion therapy in Scotland”.
In its Programme for Government 2021-22, the Scottish Government stated its commitment to banning conversion therapy and 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”.
The Committee undertook a call for written evidence between 6 July and 13 August 2021. It received around 1400 submissions of which the majority were received from individuals in support of the petition. Around 76 submissions were received from organisations.