Consultation on conversion therapy ban ‘an open door’, says Government

The Scottish Government’s consultation on banning conversion therapy will be an “open door”, a spokeswoman has said.

A document published last week outlined plans to ban the practice, which sees people attempt to change or suppress the gender identity or sexual orientation of another person.

Some have raised concerns about the plans and how they could impact on parenting and the pastoral care offered by religious leaders.

Following its publication, the Catholic Church said it may have a “chilling effect”.

Speaking during a briefing to journalists on the proposals, a Scottish Government spokeswoman stressed the openness of the consultation.

“There’s obviously the formal written consultation process to which anybody can write and respond,” she said.

“The team in the Government and ministers are engaging one-to-one at the moment and for the next three months with a whole range of stakeholders.

“There’s an open door to anybody who wants to come and speak to us and discuss their concerns.

“We’re switching to listening mode now and really getting that feedback and considering it.”

While the proposed legislation has already met with pushback, there is a chance it could finally end up in court.

With three Holyrood Bills having been knocked down by the courts, the most recent of which saw the Court of Session rule the UK Government’s block on the Gender Recognition Reform (Scotland) Bill was lawful.

Asked if the process of drafting the conversion therapy legislation will go through a more rigorous process given potential litigation, the spokeswoman said any Bill resulting from the consultation would be subject to the same process as any other legislation produced by the Scottish Government.

The proposals claim any law would not include “non-directive and ethical guidance and support to a person who might be questioning their sexual orientation or gender identity or experiencing conflict or distress, whether that is provided by a healthcare practitioner, a family member, or a religious leader”.

The law would also distinguish between an attempt to change someone’s gender identity or sexual orientation and the expression of “general statements of belief or opinion”, while emphasis will be placed on the intent to cause harm to a person and the actual causing of harm through a conversion practice.

The law would create new criminal offences of engaging in conversion practice, which can include both providing such a service and engaging in a course of coercive behaviour – as well as taking a person out of Scotland to engage in conversion practices.

A statutory aggravation, which can be placed on another charge such as assault, will also be created, as well as the provision of civil protection orders.

Prosecutors will have to prove anyone engaging in conversion practices intended to change a person’s sexual orientation or gender identity and that the practices or services caused physical or psychological harm to the victim.

The document said those accused would have a defence if their actions could be proven to be “reasonable in the particular circumstances”.

The consultation will close on April 2.