Equalities, Human Rights and Civil Justice Committee
UK Government position on banning conversion therapy
Letter to Mike Freer MP, Minister for Equalities, 17 November 2021
Dear Secretary of State
Public Petition PE1817: End Conversion Therapy
I am writing in my capacity as the Convener of the Scottish Parliament’s Equalities, Human Rights and Civil Justice Committee in relation to the Committee’s ongoing consideration of the public petition which calls on the Scottish Parliament to “urge the Scottish Government to ban the provision or promotion of LGBT+ conversion therapy in Scotland”.
The Committee has, over the course of the past two months, heard evidence from a number of stakeholders to inform its consideration of the petition. This has included hearing from individuals, including Blair Anderson at our meeting on 7 September, who have told of their experience of so-called conversion therapy. The Committee recently heard directly – in a secure and private format – from other survivors of the practice. This was particularly impactful.
In this context, it is extremely disappointing that a UK Government representative can not be made available to give oral evidence to the Committee on Tuesday 23 November, to set out the UK Government’s position on the record.
The Committee acknowledges your offer to set out the UK Government’s position in writing and would welcome your comments on the general themes set out below, as these have arisen during our consideration—
- Definition of conversion therapy
- Impact on religious freedom and medical profession
- Evidence of conversion therapy and the setting
- Legislative ban – a UK or Scottish approach, and any overlaps with existing legislation (for example, child protection, domestic abuse)
- Non-legislative support mechanisms
- International examples and comparisons
The Committee notes the UK Government consultation launched on 29 October and would welcome details of how the UK Government intends to work with the devolved administrations on this issue. The Committee is keen to understand how the UK Government intends to legislate in reserved areas, and how it proposes to accommodate differences in any Scottish legislation. Further, the Committee would welcome your response to the questions set out in the Annexe to this letter.
At the Committee’s most recent evidence session, on Tuesdays 2 and 16 November, witnesses discussed aspects of the consultation. Particular attention was paid to informed consent and safeguarding to avoid any loopholes within legislation. Other issues discussed included who would be responsible for funding/resourcing education and raising awareness as well as whistleblowing/reporting mechanisms.
The two recent evidence sessions can be viewed at the following links:
The Committee intends to begin consideration of its report on this inquiry in December. As such, we would be grateful for a response by Wednesday 1 December.
Should you have any questions or wish to view the video or Official Report of the evidence sessions to date, please contact the Clerk to the Committee at EHRCJ.committee@parliament.scot.
With best wishes
Yours sincerely
Joe FitzPatrick MSP
Convener
Equalities, Human Rights and Civil Justice Committee
Annexe – questions the Committee would welcome responses to
- Could the UK Government explain the reasoning behind the universal approach of the ban in more detail?
- The Committee has heard strong evidence that no-one can consent to conversion therapy. Some people may have sought out and consented to a range of practices, but then found they could not be changed and suffered long-term harm. This view is recognised in the UK Government’s consultation document. However, the proposed ban appears to allow adults to consent to conversion therapy. Could you explain your reasoning to allow conversion therapy on adults to continue?
- There is little detail on what the proposals might mean for religious organisations, despite the finding that many survivors experienced conversion therapy in a religious setting. Could you explain what the proposals will mean for religious organisations?
- There are no plans to introduce statutory regulation of psychotherapists or counsellors because regulation is provided by a number of voluntary registers. Could you provide further reasoning on this position, including detail on the voluntary registers, and whether you have liaised with the Scottish Government on this point?
- Will the UK Government continue to liaise with the Scottish Government on the development of these further measures, given that there may be a desire from both governments to provide consistency in approach?