Letter from the Scottish Government to the Clerk, 12 August 2021
Thank you for your email of 30 June, which sought an update from the Scottish Government on banning the provision or promotion of conversion therapy in Scotland.
The Scottish Government is clear conversion therapy is an abhorrent practice that has no place in Scotland. We are therefore strongly supportive of the UK Government’s commitment to ban conversion therapy.
Since the Scottish Government’s submission to the previous Committee on 17 July 2020, Scottish Government officials have met 5 times with the UK Government Equalities Office (GEO) and the devolved administrations of Wales and Northern Ireland – in varying meeting combinations - to discuss LGBTI equality issues, including plans to ban conversion therapy. At the meeting in May, officials agreed that the four administrations would continue to meet regularly to discuss matters, including banning conversion therapy.
In the Queen’s Speech on 11 May 2021, it was announced that a period of public consultation would be undertaken prior to enacting legislation to ban the practice of conversion therapy. Scottish Government officials have asked for the opportunity to feed in to the consultation’s development and for assurance that stakeholders in Scotland are aware of this development.
We have noted to GEO colleagues our understanding that their research to date and the subsequent consultation are likely to have significant influence on establishing the contexts in which conversion therapy is occurring. This will help to frame the development of policy and help to inform discussions around the extent of reserved and devolved responsibility.
The UK Government’s 2018 LGBT Action Plan states that some commitments, “for example on ending conversion therapy, will require a UK-wide approach”. However we note that as yet no detailed proposals on this this 2018 commitment have been brought forward to enable us to consider the extent to which they cover Scotland, and the interactions between reserved and devolved powers.
The Minister for Equalities and Older People, Christina McKelvie MSP, wrote to the Minister for Women and Equalities, Liz Truss MP, on 14 July 2021 requesting information about the UK Government’s approach and current thinking in relation to the scope, impacts and likely timescales of the ban. A response is yet to be received.
Scottish Ministers are clear that if the UK’s proposals do not result in banning conversion therapy in Scotland, we will bring forward our own legislation, in so far as is possible within the powers of the Scottish Parliament.
The Scottish Government recognises the importance of ensuring that LGBTI equality is protected and promoted, and will continue to support and engage with the Committee in relation to their inquiry on this matter.
Emily Green
LGBTI Policy Manager
Equality and Human Rights Division
Scottish Government
Equalities, Human Rights and Civil Justice Committee
Letter from the Scottish Trades Union Congress (STUC) LGBT+ Workers’ Committee, 20 September 2021