Letter from Mike Freer MP, Minister for Equalities, 9 December 2021
Dear Joe
Thank you for your letter to the Minister for Women and Equalities regarding the Scottish Parliament's Equalities, Human Rights and Civil Justice Committee's ongoing consideration of the public petition to "urge the Scottish Government to ban the provision or promotion of LGBT + conversion therapy in Scotland". I am responding as the Minister for Equalities.
I am sorry that I was unable to attend the oral evidence session on 23 November due to previous diary commitments, but I welcome the opportunity to share with you in writing our current position on banning conversion therapy. I know that banning conversion therapy is of real importance to people in Scotland and I welcome your Committee's concern to see action progressed at pace.
As you know, the Government is currently consulting on our proposals for how to legislate for a ban on conversion therapy in England and Wales. The Government has extended the consultation period to Friday 4 February 2022 to ensure everyone has a chance to share their views, in particular those who wished to access an Easy Read version of the consultation, which is now available. We will continue to welcome responses also via the main portal on GOV. UK.
This consultation is about how - not whether - we will ban this abhorrent practice. The consultation responses will be used to further refine the Government's policy proposals on banning conversion therapy and inform the process of developing legislation. We will analyse the responses to the consultation and respond in the new year.
Our proposed package of measures includes legislating to introduce a new criminal offence and to ensure that conversion therapy is recognised appropriately upon sentencing when it is the motivation for an existing crime. In addition to the criminal law elements in our package, we intend to introduce Conversion Therapy Protection Orders and establish a new support service for victims or those at risk of conversion therapy.
I have provided further information on the themes and questions you set out in your letter below.
There is no justification for these damaging practices and the evidence is clear that it does not work. We want to ensure people are protected from the extensive harm that conversion therapy causes victims, which can include negative mental health outcomes, homelessness, and isolation. Our approach is to target practitioners and those who promote this abhorrent practice, while providing support to victims and those at risk.
The National LGBT Survey 2017 found that 5% of respondents said they had been offered conversion or reparative therapy 'in an attempt to cure them of being LGBT', and a further 2% said they had undergone it. Young people aged 16 and 17 years old also responded and reported that they had experienced or were offered conversion therapy, which suggests that conversion therapy is a 'live' and not just a historical issue.
Our proposals protect everyone, whatever their sexual orientation or whether they are transgender or not. An attempt to change a person from being attracted to the same sex to being attracted to the opposite-sex will be treated in the same way as the reverse scenario. An attempt to change someone to or from being transgender will also be treated in the same way.
Our proposed package of measures includes legislating to introduce a new criminal offence that will capture talking conversion therapies in England and Wales, and to ensure that conversion therapy is recognised appropriately upon sentencing when it is the motivation for behaviour that is already a criminal offence. Where existing violent offences are motivated by conversion therapy, this will be considered as a potential aggravating factor by the judge upon sentencing by a court.
The Government will be launching a tender for a helpline and website that will provide initial pastoral support, and signposting to services such as counselling and emergency housing. This is the first time that a UK government has committed to providing such support.
Our holistic package of measures also include introducing Conversion Therapy Protection Orders, restricting the promotion of conversion therapy practices, removing profit streams, and strengthening the case for disqualification from holding a senior role in a charity.
Whilst this is not a legislative definition, the Government considers any act committed with the intention of changing a person's sexual orientation or changing them from or to being transgender as constituting conversion therapy. This does not mean that we intend to criminalise to the full extent of the law everything that could be argued as fitting this definition. At present, our focus is on identifying the acts we want to stop and how. Legislative definitions will be developed following consultation.
The new criminal offence will apply in relation to talking therapy aimed at an under-18 or vulnerable or non-consenting adult regardless of the setting in which it is carried out or who carries it out.
Our proposed package of measures will not impact everyday religious practice and we are clear that private prayer could not reasonably be considered to be conversion therapy. The freedom to express the teachings of any religion will not be affected by the ban, and individuals will still be able to access support and counsel from religious leaders.
Under our proposals people who are transgender or are exploring their transgender status will remain able to access the support they need from qualified health professionals without change. These policies will complement the existing clinical regulatory framework and not override the independence of clinicians to offer support in line with professional obligations. We will work with the relevant authorities to ensure that our legislative interventions operate effectively.
Our proposals to ban conversion therapy are robust and in line with other bans in place, or currently under consideration, by like-minded nations around the world.
We continue to liaise with global counterparts and the safety of LGBT people will be a key theme at Safe To Be Me: A Global Equality Conference. This conference, which we are proud to be hosting, will bring together government representatives, businesses, civil society and international parliamentarians to address the safety of LGBT people at home and abroad. The Conference will take place on 29 June - 1 July 2022 to coincide with the 50th anniversary of the first London Pride.
The new criminal offence will capture talking conversion therapies. Our view is that a talking therapy delivered to either a person under 18 or a person who is 18 or over and who has not or cannot given informed consent, with the intention of changing their sexual orientation or changing them to or from being transgender, should constitute a criminal offence.
The individual must also be capable of giving consent and can in no way be coerced into doing so - therefore protecting vulnerable adults from exploitation.
Mental health professionals can be registered with a range of professional and statutory bodies such as the General Medical Council or Health and Care Professions Council, or with a voluntary register. The voluntary registers are quality assured by the Professional Standards Authority. We consider the current regulatory framework sufficient and will not be changing it. We have liaised closely with professional bodies to establish this approach.
Several regulatory bodies have signed up to the independent Memorandum of Understanding on Conversion Therapy, a voluntary statement by counselling and psychotherapy organisations which aims to end the practice of conversion therapy in the UK.
In the development of our approach we have liaised closely with the devolved administrations. Our approach is for England and Wales only, however, we welcome responses to this consultation from the whole of the UK and will share those relevant with the respective administrations. We welcome the Scottish Government's ambition in banning conversion therapy and are keen to continue liaising with counterparts as we develop these measures further.
Officials in both Governments meet regularly to ensure consistency in the approach. I understand the Scottish Government intends to have banned conversion therapy by the end of 2023. We are developing legislation for Spring 2022 and will introduce this as soon as Parliamentary time allows. We will ensure that we share our learnings with the Scottish Government to ensure that both Governments can move at the pace. I know British citizens across all nations wish to see a stop to this practice.
I hope you find this information useful.
Mike Freer MP
Minister for Equalities