Proposals to ban conversion therapy published by Scottish Government

The Scottish Government has published proposals for a ban on conversion therapy as part of a consultation.

The 86-page document, released on Tuesday, detailed ministers’ plans to criminalise the practice, which sees people attempt to change or suppress the gender identity or sexual orientation of another person.

The proposals have raised concerns by some, including in the religious community, who fear attempts to counsel people struggling with their identity could be seen as conversion therapy.

The Catholic Church in Scotland has said the law could create a “chilling effect”.

However, 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”.

Equalities minister Emma Roddick said: “Conversion practices, which aim to change or suppress a person’s sexual orientation or gender identity, are damaging and destructive acts that violate people’s human rights.

“Sadly, these practices still happen today and they have absolutely no place in Scotland.

“In taking forward our commitment to ban conversion practices we are leading the way in the UK and joining the growing list of countries acting to address this harm.

“The consultation responses we receive will help us to further consider those measures we can take to stop the harm of conversion practices and protect those at risk while ensuring that freedoms, including freedoms of speech, religion, and belief, are safeguarded.”

A spokesperson for the Catholic Church said: “While the Church supports legislation which protects people from physical and verbal abuse, a fundamental pillar of any free society is that the state recognises and respects the right of religious bodies and organisations to be free to teach the fullness of their beliefs and to support, through prayer, counsel and other pastoral means, their members who wish to live in accordance with those beliefs.

“We would urge the Scottish Government not to criminalise mainstream, religious, pastoral care; parental guidance; and medical or other professional intervention relating to sexual orientation; which is not approved by the State as acceptable.

“The worrying lack of clarity about what is meant by the term conversion practices could create a chilling effect and may criminalise advice or opinion given in good faith.”

Reverend Stephen Allison, the public engagement co-ordinator at the Free Church of Scotland, said the Scottish Government had not shown evidence of conversion practices not already being dealt with.

“Sweeping new provisions have been drafted that could criminalise conversations and other interactions that are lawful and legitimate in a free society,” he said.

“They raise the alarming prospect of church leaders, parents, counsellors, and others being criminalised simply for expressing the clear teaching of the Bible.”

Fred Drummond, the director of the Evangelical Alliance, said any change to the law should “ensure people are free to seek out and receive the support they choose, and no law should prevent Christian leaders from teaching what they believe, supporting their congregation and providing prayer and pastoral support to those who request it”.

LGBT Health and Wellbeing charity chief executive, Mark Kelvin, said: “Conversion practices are widely discredited and extremely harmful and have no place in any inclusive society.

“Whilst we’d like to think that they’re a thing of the past, or not happening in Scotland, we know that some LGBTQ+ people in Scotland are still being subjected to these abhorrent practices and we welcome the Scottish Government’s leadership and action on this issue.”

The consultation will close on April 2.