Scottish Government Conversion therapy ban report published

In their report, the group define "conversion practices" as “ any treatment, practice or effort that aims to change, suppress and/or eliminate a person's sexual orientation, gender identity and/or gender expression.” 

They recommend that in any new law the government adopt a definition which has a “wide coverage of all practices” including “known and unknown forms of conversion practices” to future-proof the legislation. 

They also say that the definition “must also explicitly state that consent cannot be given to conversion practices.”

They warn that “allowing for consent to conversion practices is a dangerous approach which will leave many people vulnerable to abuse.”

The group has said there should be no “exceptions”. 

Some politicians and campaigners have previously suggested legislation could have unintended consequences. 

Last year, the Edinburgh South West MP, Joanna Cherry said conversion therapy was something that “any right thinking person must oppose”.

However, she warned against making “it a criminal offence for therapists to try to help patients with gender dysphoria to feel comfortable in their birth sex.”

In their report, the advisory group say that “affirmative support, healthcare provision and familial or pastoral care” which takes “place in a supportive and affirmative environment, and are led by the other person’s autonomous decisions” should not be classed as “conversion practices in accordance with our definition as they do not seek to change, suppress or inhibit that person’s sexual orientation or gender identity.”

The group also rejects criticism from evangelical organisations that a ban could lead to “the unlawful restriction of existing freedoms – including freedoms of speech, religion, and belief”. 

They say that “where expression creates the potential of significant harm to others, a prohibition of a practice is justified and necessary as a proportionate way of protecting the interests of the victims, and does not unlawfully interfere with the human rights of the providers of conversion practices.”

The group says the criminalisation of conversion practices should “not only include the carrying out of the practices themselves but should also include offering, promoting, advertising or referring a person for the purpose of conversion practices.”

They also want to see charges brought against anyone who takes a person out of Scotland “to be subject to conversion practices anywhere else in the world.” 

“The offence should also include those who aid, abet or otherwise facilitate someone being taken outside Scotland for conversion practices where this is done with knowledge of the intended principal offence,” they add. 

The group also call for ministers to back legislation which would see any healthcare professional carrying out conversion therapy lose their professional licence.

Faith leaders should also have their professional licence revoked, while charities involved in the practice should have their states removed. 

When it comes to parents and families, they say that if the "perpetrator has parental or guardianship rights in relation to the victim, the legal consequences ought to include the modification or withdrawal of such rights.”

The group says their research has uncovered “feelings of apprehension around reporting of conversion practices in ethnic minority communities.”

They say the “majority of conversion practices happen within domestic settings in these communities so there needs to be visible support that is intersectional and culturally competent, which understands the structures and governance in diverse faith institutions, and the significance and potential danger of the abuse of honour and shame within communities.

“It is vital to understand the relationship between an overarching culture and environment of anti-LGBT+ sentiment within some communities. 

“It is also important to understand individuals' desires to be accepted and to fit in to societal norms where family, faith, and community are integral parts of life and self-identity. 

“These may be key factors as to why people voluntarily suppress their own identity or 'consent' to conversion practices.”

Dr Rebecca Crowther, policy coordinator at Equality Network and member of the expert advisory group said: “This work has been rigorous and tough, particularly for survivors.

"This report sets out a clear, well thought out, comprehensive, sensitive, and powerful set of principles that would go all the way in ending conversion practices in Scotland. 

“There is a lot of work to be done and, now more than ever, an undeniable need to get on with the bill drafting - and finally put these awful practices to bed.”

Richy Edwards, a survivor of conversion practices and member of the expert advisory group added: “The first positive step made by Scottish Government was including those of us with lived experience of this abhorrent practice - which sadly still takes place in Scotland. 

“I have fully appreciated their willingness to put survivors at the heart of this process. This has been tough to revisit. 

“The difference that these recommendations, including support measures, will make to lives across the country cannot be overestimated. If adopted, Scotland will become a safer place for all LGBTQ+ people.”

In their response, the Scottish Government said that many of the recommendations were “complex and interact with a range of ministerial portfolios as well as bodies outside government.”

They say they “will carefully analyse and reflect on them over the coming months with the same attention and care that the group put into making them. 

“We want to ensure that all the measures that we take are deliverable and bring about real and lasting change to the lives of LGBT+ people in Scotland.”