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

Lord Farmer Excerpts

Friday 9th February 2024 Lords Chamber

[Lord Farmer (Con)]

My Lords, I agree with many other noble Lords that this very short Bill does not do justice to the many sensitive and complex considerations that these issues raise. One result of the Bill’s brevity is that it includes no safeguards. The vague definition of “conversion therapy” raises more questions than it answers. No distinction is made in the Bill between undeniably cruel and coercive efforts to change someone’s sexuality or gender on the one hand and, on the other, faith leaders, parents and friends who may be approached by someone struggling in these areas and do their best to advise them. Any responsible legislation in this area must make these crucial distinctions.

No doubt, it is very difficult to do. The Government have been struggling for years to define conversion therapy in the robust way necessary for legislation. The Government Equalities Office consultation closed more than two years ago. A draft Bill was to be prepared for spring 2022, but has not been forthcoming. I am sure that that is not for lack of effort. Drawing up a conversion therapy law that does not infringe on family life, belief and other fundamental human rights is no easy task. This Bill certainly does not achieve it.

Many noble Lords will have seen the analysis of Jason Coppel KC, who considered the Bill in detail. His words are telling. He notes that the Bill

“would apply across the whole range of life; including in religious settings, social settings, and in the home”.

He says:

“No attempt has been made to craft exemptions or exceptions so as to ensure that any particular conduct, including conduct in domestic settings, or the practice of religion, is not prohibited”.


The Bill would, he says,

“restrict the ability of gender-critical persons to express their beliefs; the ability of religious organisations to express their beliefs … and the ability of parents to counsel and bring up children in the way they believe to be right”.

He continues by saying that

“the Bill criminalises expressions of personal conviction even if they are made without expressions of hatred or intolerance, or improper purpose or coercion, or abuse of power”.

He concludes that the Bill would interfere with rights protected by Articles 8, 9, 10 and 11 of the European Convention on Human Rights.

We must take these warnings seriously. With these rights engaged, any legislation must be carefully crafted, but also have sound justification. So what is the justification? If conversion therapy entails coercive and abusive behaviour, there are many laws governing such conduct already. When we go beyond the existing law, we very quickly infringe free speech and religious liberty. I have yet to hear a clear articulation of the gap in the law that the Bill intends to fill. Hence, I am left wondering to what extent it is needed at all. I do not believe I am alone in that.

My noble friend Lady Eaton referred to Keira Bell and her horrific experience at the Tavistock clinic. We are all, I am sure, troubled by it, as we should be. A young lady has been left with a damaged body after irreversible surgery that was not clinically necessary but rather ideologically driven. This is what happens when there is only one permitted way to respond to people experiencing distress about their gender.

This comes back to the finding of Dr Hilary Cass that “social transition” is not a neutral act; it is a major psychosocial intervention that is likely to affect whether a child’s gender distress disappears or becomes long lasting. As we saw with Keira Bell, and many like her, social transitioning is the first step on the pathway to often deeply regretted permanent changes. Therefore, those who are ideologically driven to affirm and encourage children, in particular, to see themselves as trans when they are going through temporary turbulence need to be held responsible. If anything, this Bill should outlaw that—but I cannot see it being used that way in practice. Those calling most loudly for this Bill certainly would not want that.

Despite manifest problems with the current affirmative approach, this Bill will entrench rather than correct it. My noble friend Lady Foster referred chillingly to the conversion therapy law in Victoria, Australia, which makes it criminal not to affirm someone’s identity and sexuality. Victoria’s approach is lauded by those calling for this Bill, yet its law and official guidance are extraordinarily intolerant. It has even issued guidance on what the law now considers to be acceptable prayers. Prayers must reassure people that they are “perfect the way they are”. That is a long way from the New Testament’s declaration that

“all have sinned and fallen short of the glory of God.”

I certainly have sinned, continue to sin and continue to fall very far short of the glory of God. But here, parents who do not agree to their children going on to puberty blockers can fall foul of this law. We cannot go down this path.