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

Debate between Lord Harlech and Baroness Hayter of Kentish Town

Friday 9th February 2024 Lords Chamber

[Baroness Hayter of Kentish Town (Lab)]

My Lords, it is a delight to follow the noble Baroness, Lady Buscombe. I pay particular tribute to the contribution from the noble Baroness, Lady Hunt, which I found insightful and helpful. I thank the noble Baroness, Lady Burt, for introducing the Bill because it enables those of us who support a ban on attempts to supposedly cure people of their gayness to nevertheless explain why we have grave concerns about the Bill, especially as there was no pre-legislative scrutiny.

Like everyone in the House, I hope, I am certainly not anti-trans, and I am not worried about what consenting adults do in public or in private, but I am worried about children and young people, and it is about safeguarding that I want to speak. I certainly support the outlawing of conversion therapy with regard to sexual orientation, and I am respectful of trans people whose lives are greatly improved by their change in gender.

However, there are major risks affecting transgender issues in relation to young people. We are talking not about a way of life or sexual preferences but about serious, potentially life-altering medical or surgical intervention. Our former colleague Baroness Ruth Rendell campaigned against female genital mutilation and helped to introduce laws that made it an offence to send a child abroad for that procedure. I wonder what she would have thought about prescribing pills to a 16 year-old that could lead to infertility, the loss of sexual function and physical complications, without thorough advice and counselling, at an age when the decision to end the possibility of childbearing is surely too young.

I should know. Just as some people are sure from an early age that they are gay or would be happier in another gender, I always knew I would never have a child, but it took until I was 26 before a surgeon was willing to take the step beyond just taking the pill. Even then, he took me to a psychiatrist for an assessment before he actually booked an anaesthetist—and that was only to tie my tubes. I do not regret the psychiatrist, and nor do I think that was inappropriate—and I was 26 at the time, not 16.

Puberty blockers, which are given off licence because they have not been licensed for transitioning children—they are the same drug that we use for chemical castration—are wholly more significant than just tube tying, yet the Bill risks criminalising any psychiatrist, therapist, teacher, doctor, or perhaps parent or church minister who seeks to engage with that youngster and test their request to transition. Is it not a duty on any surgeon or prescribing medic to be absolutely sure that a young person really understands all the consequences of such a life-changing and irreversible medical intervention before they simply affirm and assent to the patient’s request?

There is of course an interesting question about whether the Bill covers only a discussion about whether the patient is certain they want to make a change. What about discussions the other way—the automatic gender-affirming treatments that come close to persuading someone that they want to transition? Perhaps it is those therapists who are engaging in conversion therapy, albeit directing someone to transition as a way of resolving unhappiness or dissatisfaction in their current life, or mere confusion because they are still very young. That is not neutral exploration; it is one-way advice. It says, “This is the answer to your problems”. Sometimes it is, but the idea that we criminalise discussion that explores the reason for the desire for change and checks that the young person fully understands the impact of physical change, with the possible or probable loss of childbearing and sexual function, probably before they have even enjoyed good sex, is ludicrous.

Informed consent, especially at 16, needs complete understanding. Sixteen year-olds cannot vote. They cannot have a tattoo until they are 18; they cannot marry until they are 18. While we believe that marriage—which can be undone; we have already had examples of that—cannot take place until they are 18, we seem content for a 16 year-old to risk their future without the benefit of talking therapy to ensure that they understand the risks.

My friend’s daughter started hormone treatment at 16. Within months, her voice had broken and she will now have a man’s voice for the rest of her life—from age 16. There are practitioners who are very happy to speed transition for young people—irreversible changes without parental consent. Gender Plus, for example, markets itself as follows:

“Post-assessment referral to our associated hormone clinic is available to those aged 16 years+ … Hormone clinics … will be run as a hybrid offering of in-person and virtual appointments (consent must be taken in-person)”.


It also states:

“The clinics are … nurse led, run by our Nurse Consultant who has several years experience”


with GIDS—the Tavistock. Apart from final consent, a nurse-led virtual consultation is all that is necessary for that agency for potentially life-altering, irreversible medical intervention that is likely to lead to infertility.

This unquestioning affirmative approach is not open-minded, and it is at odds with standard practice in all other clinical encounters. My fear, despite what the noble Baroness, Lady Burt, says, is that this Bill will outlaw anything other than unquestioning affirmative treatment. I could not support it in its present form.

[Lord Harlech (Con)]

My Lords, before the noble Earl speaks, I just want to say something to the House as gently as possible. This is a very impassioned debate and the speaking time is of course advisory, but I remind the House that there is business to come after this Bill. If we can respect the advisory time as closely as possible, I am sure that everyone would appreciate it.