As convener of the Equalities, Human Rights and Civil Justice Committee, I am grateful for the opportunity to open the debate and to set out the findings of our report on petition PE1817, “End Conversion Therapy”.
The terms “conversion therapy” and “conversion practices” are used interchangeably in the report to reflect the wording that the petitioners and witnesses used. However, the committee’s preference is to use the term “conversion practices”. We consider that term to be more accurate. The word “therapy” typically suggests a benefit, whereas the evidence that we heard was clear: there is nothing beneficial about so-called conversion therapy for the individuals who are subjected to it.
The committee heard that current protective legislation is insufficient to prevent harm. Our report makes it clear that
“conversion practices are abhorrent and are not acceptable in Scotland. They should be banned.”
PE1817 was lodged in August 2020 and referred to the session 5 Equalities and Human Rights Committee, which indicated in its legacy report that the petition should be given consideration by its successor committee. Our committee agreed to undertake an inquiry into the issues that the petition raised. We launched a call for views, which ran from 6 July to 13 August 2021. We received about 1,400 responses, predominantly from individuals. We held eight evidence sessions, in addition to which we held private informal sessions with individuals who had experienced conversion practices.
On behalf of the committee, I thank everyone who gave evidence in writing and orally. In particular, I thank the individuals who provided testimony of their experiences as victims and survivors of conversion practices. It took immense courage to recount those experiences. Committee members found the testimonies harrowing but invaluable to our work.
A key issue that was identified during our evidence taking and on which there was broad agreement, including from people who support a ban and people who express concerns about a ban, was the need for a clear definition of “conversion therapy” or “conversion practices”. The terms are generally understood to refer to practices that demonstrate
“an assumption that any particular sexual orientation or gender identity is inherently preferable to another, and ... attempt to bring about a change of sexual orientation or gender identity or seek to suppress an individual’s expression of sexual orientation or gender identity on that basis.”
The committee
“recommends that the definition used in the Report on Conversion Therapy by the UN Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity, should be adopted”.
It is also anxious to ensure that, similar to the approach in legislation to protect victims of domestic abuse and female genital mutilation, the definition of “conversion practices” in forthcoming legislation
“makes it clear that consent to such practices can never be informed and should not be available as a defence to those who undertake such practices.“
The majority of the religious organisations from which we heard are in favour of a ban on conversion practices. The committee said that
“It agrees that legislation should not pose any restrictions on 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 non-directive way.”
However, we noted that we
“heard evidence that most conversion practices take place within a religious setting including in the form of ‘talking therapy’ which is used with the intention to ‘correct’ sexuality or gender. The Committee believes and recommends that such practices should fall within a ban.”
The committee also heard from many survivors of conversion practices persuasive evidence that their faith is part of their identity, and that they have felt that they have been forced to choose between faith and their sexual orientation or gender identity, which can have a devastating impact. The committee believes that
“it is vital to involve religious and community leaders as a Bill progresses, and that education and awareness is crucial to promote acceptance of diversity.”
We recommend that the Scottish Government
“engages with a wide range of faith and belief organisations in order both to protect LGBT people”
and address concerns around protecting religious freedom. The committee agrees that
“there is no conflict in protecting religious freedom and preventing harm by putting a ban in place.”
The committee
“notes that the majority of healthcare bodies in the UK have signed the Memorandum of Understanding”,
which is a joint document that has been signed by health, counselling and psychotherapy organisations, including NHS Scotland, which aims to end the practice of conversion therapy in the UK. One witness told us that they were aware of a “limited number of instances” of alleged conversion practices in medical settings and that they wish to see a ban on that, where there is an intention to change someone’s sexuality or gender identity.
The committee agrees that affirmative therapies,
“where individuals are seeking support and a space to explore their identity”
in a non-directive setting, and where no set or preferred outcome is intended, should be protected under the ban. We heard evidence, however, that there is some confusion and misunderstanding around the term “affirmative therapy”. It would be helpful for clarity on that to be provided to the medical profession, counselling services and wider society.
Concerns were expressed to the committee about the rights of parents to bring up their children in a way that is consistent with their moral and religious beliefs. The committee believes that
“there is a clear distinction to be made between parents having the right to bring up their children in line with their morals and values and having the directed intent to change their child’s sexuality, or gender identity.”
The committee agrees that
“any proposals should not pose restrictions on parents or schools to provide a safe space for discussion and exploration but should prohibit harmful practices which attempt to change a person’s sexual orientation or gender identity, including trans identities.”
The UK Government has indicated that it plans to publish draft legislation in the spring of this year, which would cover England and Wales. The committee agrees that
“Scotland should not wait for UK legislation to be brought forward and considers that, within the powers available to the Scottish Government and Parliament, Scotland-specific legislation be brought forward as soon as possible.”
The committee welcomes the Scottish Government’s commitment to introduce legislation by the end of 2023, and the establishment of the expert advisory group to inform and develop policy. We recognise that
“work will be necessary to ensure the development of cross-border frameworks”
and we call on the UK Government
“to work with the Scottish Government and Scottish Parliament on a ban.”
The committee agrees that prospective legislation should set out a fully comprehensive ban on conversion practices and should
“cover sexual orientation and gender identity, including trans identities.”
It should
“cover adults and children in all settings without exception and include”
so-called consensual conversion practices. The committee also recommends that a ban should include
“a ban on advertising and promotion of conversion practices.”
The committee also
“heard strongly expressed views that legislation alone will not be sufficient to address conversion practices and that non-legislative measures will also be necessary to protect and support victims.”
The committee heard a broad range of suggestions for supported measures that could complement legislation. Paragraphs 154 to 157 of our report set some of those out in detail.
The committee further
“noted concerns around how enforcement of a ban could be effective and believes that consideration should be given to how this role could be fulfilled by a public body to ensure investigation, enforcement and accountability”
are possible. The committee is keen to ensure that time is not wasted gathering identical evidence from the same victims as it heard from during its private evidence sessions, because that might have the unintended consequence of retraumatising victims. We therefore ask the Scottish Government to work with the committee in that regard.
The committee
“is mindful of the volume of evidence that is already available, including the written and oral evidence it has received”,
and we consider that it is important to introduce legislation promptly. In our report, we stated that we would welcome discussions with the Scottish Government on working together to introduce a ban “as quickly as possible.” I welcome the minister’s letter of 10 March, offering to progress discussions with the committee on next steps, and I look forward to that further engagement.
On behalf of the committee, I thank the minister and her officials for the detailed response that they have provided to each of our recommendations, and for the assurance that the recommendations will be progressed through the work of the expert advisory group.
I highlight once more the impact of the sessions that we held with individuals who have experienced conversion practices. Although the formal written and oral evidence that we received helped our consideration of the actions that are being called for in the petition, it was the testimony of each of those individuals that really impressed on us the need for legislation to be introduced as soon as possible.
I move,
That the Parliament notes the Equalities, Human Rights and Civil Justice Committee’s 1st Report, 2022, (Session 6), Report on Petition PE1817: End Conversion Therapy (SP Paper 88).