Conversion Therapy Prohibition (Sexual Orientation and Gender Identity) Bill [HL]

Baroness Brinton Excerpts

Friday 9th February 2024 Lords Chamber

[Baroness Brinton (LD) [V]]

My Lords, it is always a pleasure to follow the noble Baroness, Lady Donaghy, who rightly focused on the poor mental health service that is available at the moment, which is not helping adults and young people who seek guidance and reassurance. I thank my noble friend Lady Burt for opening this Second Reading debate in such a clear way, explaining the limited scope of the Bill, and my noble friend Lady Featherstone for reminding us of the legislation she helped steer through Parliament, including the first ever transgender equality action plan in 2011.

I was moved by what the noble Lord, Lord Paddick, said about how his life has been affected by his treatment by those in his church; I have a friend who was in much the same position. I was also moved by the reminder from the noble Lord, Lord Cashman, of the devastating effect on LGBTI people when others impose upon them their views about who they are. This Bill is not about free speech but about those in a position of power over the individual imposing their personal view—a priest or a doctor, most commonly—rather than what the noble Lord, Lord Robathan, said, which was right, about the need for patient-led therapy.

I want to use my time to highlight one medical conversion therapy case, which I hope gives some clearer lines for those who say that the Bill is wrong. I have talked to Mr B, an adult transgender man in Wales who came out 10 years ago. At that time in Wales, in order to get a GRC, transgender people had to be seen by a psychiatrist. For eight years he was constantly delayed and ignored by the hospital. Worse, the psychiatrist he did see during that period announced at the start of the process that he did not believe he was transgender and that he would only recommend antidepressants and would not initially permit any discussion of transgender matters at all.

Mr B says that this treatment over a number of years made his mental health considerably worse. Then, the psychiatrist told him he should have ECT for his severe depression. This psychiatrist and another he saw were absolutely against making a referral to the gender identity committee, and he could not progress without its approval. This is the exact opposite of the affirmative and curious responses the noble Baroness, Lady Hunt, outlined so effectively: this was definitely the furious response. At this point, Mr B was suicidal; years of constant challenge and denial had taken its toll. The hospital doctor even said it was not their job to stop him killing himself. But this case was even worse. The psychiatrist wrote to Mr B’s GP with an inaccurate account of the sessions, as well as keeping inaccurate medical records at the hospital. Finally, after eight years, he saw a doctor at the same hospital who was a gender specialist: someone who, in the description of the noble Baroness, Lady Hunt, was affirmative and curious.

This is not just Mr B’s view of his own case. He was brave enough to make a complaint to the Welsh ombudsman, who was clear in his judgment:

“The Ombudsman found that there were failures [by the Betsi Cadwaladr University Health Board] to conduct an appropriate assessment in 2017, that an assessment in 2018 failed to identify that Mr B met the criteria for a referral, and that a challenge to the 2018 assessment outcome was not dealt with appropriately. He also found that Mr B had been misled to believe that a referral had been made when it had not, and was not kept fully informed about the process of referral or the decisions the Health Board was making. Finally, the Ombudsman found that the records did not reflect the appropriate diagnostic terminology (which might have contributed to the confusion around Mr B’s eligibility for referral) and demonstrated that clinicians failed to refer to Mr B using his preferred name and pronouns.”


I quote from the ombudsman at length because I think the detail of it might help to understand when things cross a boundary. The judgment goes on to say:

“The Health Board agreed to apologise to Mr B and offer him £2000 within 1 month, in recognition of the distress caused to him as a result of these failings. As the referral process had changed since the time of the events, it also agreed to remind relevant staff of the current appropriate referral process for individuals who require gender healthcare. The Health Board also agreed to provide training to relevant staff within 6 months, on the current NHS approach to diagnosis and symptoms relating to gender healthcare, trans-inclusive diversity awareness and meeting the needs of transgender individuals”.


Mr B was very brave to take a case that had caused him so much distress. However, we know there are still doctors who do not approach transgender patients with affirmation and curiosity, nor do they have an open and thoughtful discussion to explore through a patient-led process. The Bill says that practice that has intent to change or suppress a person’s gender identity must be evident. Mr B’s experience is one such shocking case.

Ten years on, Mr B is contented living who he is and is loved by friends and family. His experience at his local hospital should not happen to others in the future. His case highlights why the Bill is necessary.