Conversion Practices (Prohibition) Bill

Debate between Miriam Cates and Lloyd Russell-Moyle

2nd reading
Friday 1st March 2024 Commons Chamber

[Lloyd Russell-Moyle]

I quite agree. That is why it is important that the Government support the Bill, and thrash out the details later in Committee.

When I met the Secretary of State we talked about two-track progress: get the Bill in Committee, and use it to thrash out the details and allow the Government to keep developing their own plans, informed by the Committee. I hope the Government will honour the spirit of those discussions as I have entered into this process. I hope we can have a full debate and get to a natural end. But if need be, with the permission of Mr Speaker and the Deputy Speakers, I believe that we have the numbers to divide on a closure motion. It would be much better to air the views of the House without dividing, and allow this new collaborative tone to sort out the issue in Committee.

I remind hon. Members that Conservative Members have tabled two amendments to the Criminal Justice Bill that provide less protection and, rather than the fines under my Bill, prison sentences. This is an opportunity to get consensus before further-reaching measures are pushed to a vote in this House. If this Bill is talked out today, I will support those measures.

I will spend the rest of my speech on the technical aspects of the Bill and why we have come to the judgments that we have. Much of that is outlined in my explanatory notes, which my office has drafted. I am sure that other colleagues will want to talk about the experiences of their constituents, and I am happy to take as many interventions as I can, but I will try to make some progress.

This is not a debate on the wide trans issue—that will continue outside the Bill—or the merits of affirming or exploratory healthcare. We have the Cass review, and other evidence will come forward down the line. This is a framework Bill on conversion practices. It is not the same as the Scottish proposals or proposals in other countries. It addresses the concerns raised in the House of Lords, and I thank Baroness Burt for introducing a Bill to allow those views to be expressed. I have taken them on board. I beg Members to focus on the Bill, not the adjunct. However interesting the wider debate may be, this is a debate about how we ensure that people do not have a premeditated purpose to intend to change someone’s sexual orientation and transgender identity —terms that exist in British law today.

[Miriam Cates (Penistone and Stocksbridge) (Con)]

I thank the hon. Gentleman for giving way, and I want to put on record that he has been absolutely brilliant in engaging with a whole range of colleagues—he is absolutely correct. I appreciate that he does not want the debate to become about the transgender issue, as he says, but the Bill states that

“‘conversion practice’ means a course of conduct or activity, the…intent of which is to change someone’s…to or from being transgender,”

so the idea of being transgender, or the definition of transgender, is very much at the centre of it. Whether the Bill accurately defines what that means is key to whether it can be effective.

[Lloyd Russell-Moyle]

That is exactly why I have used words that already exist in legislation. We can have that debate on the Sentencing Act 2020 and on the Equality Act 2010—I wish you good luck in that—but rather than trying to debate things that this House has already settled, let us move forward with how we try to stop these practices.

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[Lloyd Russell-Moyle]

I quite agree. This Bill stops parents sending their children to conversion practices; it does not promise to solve the world for LGBT people. I cannot promise that parents will not shout or be abusive, or that people will not say nasty things—I am afraid that is the nature of a democratic society sometimes. But what we can do is stop premeditated purposes, processes, courses of conduct and activities that aim to do something that cannot be done. That is what every other Bill in the world on this topic has done. The Bill goes in both directions. Whatever the direction of the conversion, it is abhorrent and must be stopped.

Some have said to me that the existing legislation covers violent and physical acts, and of course it does—violent, abusive and bullying coercion and harassment can be caught under current crimes—but the Government’s 2021 consultation said that new criminal law is needed to fill the gap between physical abuse and a process that causes long-term harm. The Bill therefore makes a clear statement that conversion practices should be illegal and that the most egregious cases should be prosecuted. It avoids clashing with existing laws focused on harm—doing so would result in survivors being retraumatised through lengthy court battles—and instead looks at the intent behind the actions. To get the balance right, the Bill clarifies that certain actions will not constitute an offence.

[Miriam Cates]

The hon. Gentleman is talking about abusive practices and practices that cause harm. Of course, we all condemn anything that is abusive and, as he says, the vast majority of those acts are already covered by law, but the Bill does not actually mention abuse, or indeed harm. There is not a threshold of harm beyond which a practice, which could be a speech-based activity, is unlawful. For example, a detransitioner—he mentioned Keira Bell—trying to persuade an individual not to go ahead with surgery or hormone treatment that would have a permanent impact could be caught by the Bill, yet many of us would not say that is harmful or abusive; in fact, it is the opposite. Would that person not be caught by the Bill?

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[Lloyd Russell-Moyle]

I will come on to every clause as we go through this, so the hon. Gentleman does not have to worry about that.

This is a contentious area, and we have heard in the debates in the other place about how people are genuinely and understandably worried, so I have sought clarifications on several areas. I believe that the balances are correct, but I of course acknowledge that there is a lot of fear in this area and that sometimes, no matter what reassurance one can give in law, people remain fearful until they realise that the practice actually protects. I hope that Members will look at the wording and application of these clarifications carefully, as they cover all the examples that I have been sent. I still have not found one that is not clear in this Bill.

On the expression of religious belief, I might not like the fact that a priest or another religious figure can stand up on their religious day and say there should not be LGBT people or that they should convert. In my view, that is not a pleasant thing to say, but it is also not conversion practice. We have ensured that as long as it is not targeted to a specific individual and as a course of conduct—a repeated activity towards an individual—it will never be an offence. As Lord Herbert said in the other place:

“We should never legislate lightly in the religious sphere, but Parliament has done so before to prevent harm.”—[Official Report, House of Lords, 9 February 2024; Vol. 835, c. 1896.]

We should do so again. This clause allows full compliance with human rights law and does not restrict the general expression of religious belief.

On freedom of expression, we have a similar clause: the expression of acceptance or disapproval may be distasteful to an individual, but it is not conversion practice. Even repeated expressions to an individual, unless they form part of a predetermined purpose that is planned as a course of conduct, are not captured in this Bill.

We have heard from practitioners who worry that they are currently working in the “wild west”, particularly in respect of counselling and therapy. There are few guidelines about how they can conduct their practice in this area and people on all sides shout at them, saying that one thing or another is conversion therapy. This Bill will, for the first time, give health practitioners the protection they need. Health practitioners are regulated or overseen by the Professional Standards Authority, which is following their professional judgments. The PSA was established by Parliament and regulates the statutory regulators and the non-statutory registers. There are 12 non-statutory accredited registers for counsellors or psychotherapists in the PSA, with the two largest being those of the UK Council for Psychotherapy and the British Association for Counselling and Psychotherapy, but the list includes smaller specialist organisations such as the Association of Christians in Counselling and Linked Professions or the UK Association for Humanistic Psychology Practitioners. Health practitioners are free to choose the relevant body to join. Each accredited register is entitled to develop its own approach to sexual orientation and transgender identity. There is already a diversity of views within those bodies, but none has objected to the Bill going to Committee.

[Miriam Cates]

The hon. Member is certainly trying very hard to provide a carve-out—an exception—to allow health practitioners to explore professionally with their clients their sexual and transgender identities. However, the carve-out means that the health practitioner must comply with regulatory and professional standards. Is he aware that most of the bodies he lists, and that are listed in the Bill, including the NHS, have signed up to a memorandum of understanding that basically insists that therapists pursue a gender-affirmatory approach? A therapist that did not pursue a gender-affirmatory approach and deliberately set out to help somebody not, as he terms it, become transgender would be in contravention of clause 1(2)(c) and therefore caught under the Bill.

[Lloyd Russell-Moyle]

The hon. Member says exactly the right word: “most”, but not all. Therapists who take a different approach will join a different organisation and get the same protection, because they will be following that organisation’s regulatory approach. In fact, the UK Council for Psychotherapy recently released a statement saying that exploratory therapy is an acceptable form of practice within the requirement of not having a “predetermined purpose”. The Bill does not support or prevent different forms of care, such as gender affirming or exploratory care. That is for the regulatory bodies to determine. What the Bill does is stop a “predetermined purpose” of offering change.

Some people have asked me to remove the “pre-determined” requirement for the health sector. They claim that it is circular and already the basis of the Bill, and that we do not need it. But without it, the chilling effect that many health practitioners feel in this area—hence they are leaving it—would continue. The Bill will allow practitioners to explore all forms of care, while having a framework to respond to someone who says, “You must say that I am this at the end of my therapy.” Practitioners can now say, “I cannot do that under law. I have to explore. I have to work with you and support you.” That is what therapists should do, that is what they want to do, but at the moment, that is what they are struggling to do.

This is a developing field and we need a framework that allows new evidence to be heard. Some have claimed that we should wait for the Cass report or that we should rule out some sorts of care. That would be dangerous. The Cass report will not be the end of the discussion of children and transgender. One sort of care might be useful for one group of people but not for another. It is up to the regulated bodies to produce guidelines. Such evidence should be treated by them, not deliberated here in the House.

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[Lloyd Russell-Moyle]

claimed to move the closure (Standing Order No. 36).

[Miriam Cates]

On a point of order, Mr Deputy Speaker. There are a number of people left to speak on what is a very important and controversial Bill, and a number of issues have not yet been raised, so I object to the closure being moved now.

Question put forthwith, That the Question be now put.

Gender Recognition Reform (Scotland) Bill: Section 35 Power

Debate between Miriam Cates and Lloyd Russell-Moyle

Tuesday 17th January 2023 Commons Chamber

[Miriam Cates]

Will the hon. Gentleman give way?

[Lloyd Russell-Moyle]

No, I will not give way to you, or anyone else. [Interruption.] I mean to the hon. Member.

On the substance of this, ignoring that horrible speech we have just heard—

Gender Recognition Act

Debate between Miriam Cates and Lloyd Russell-Moyle

Monday 21st February 2022 Westminster Hall

[Miriam Cates]

I understand the hon. Lady’s point, which is why I said that there are these rare abnormalities. People who are intersex should be treated with the compassion they deserve during every medical treatment from birth, but that is different from saying that someone who is born male can choose to be female or vice versa, which is why I said that that is rarely the case. Normally the determination at conception is either male or female, and that is the biological, genetic fact.

[Lloyd Russell-Moyle]

Will the hon. Lady give way?

[Miriam Cates]

No, I will make some progress. At the moment of conception, the new cell for a unique human being—the zygote—is the blueprint for every single other cell in that person’s body. The zygote divides again and again until there are trillions of cells making up a complete human being. These cells have different functions—muscle cells, nerve cells and blood cells—but every single one of the 37 trillion cells in an adult human has the same genetic code, including the same sex chromosomes.

[Miriam Cates]

I thank the hon. Lady for her intervention. As I said, I recognise that there are rare genetic abnormalities. I am simplifying and talking about the majority. The debate is not about people with genetic abnormalities; it is about people who are identifying as a different gender from their birth sex. They are two very different things, and I am talking about the latter.

[Lloyd Russell-Moyle]

Will the hon. Lady give way?

[Miriam Cates]

No, I will make some progress. Every cell in the adult human body has the same genetic code. However much an individual may want to change their sex through surgery, hormone treatment or by changing their lifestyle, it is just not scientifically possible because our sex is written in every single cell.

Sex is immutable. Not only is it immutable, but our sex determines and influences a large part of our identity as people: our biology, psychology and life choices; whether we can become a mother or father; and what diseases we may suffer from. These are established and proven scientific facts, not a matter of individual beliefs or feelings, however strongly they may be held—and I absolutely accept that they are strongly held.

To allow somebody easily to change their sex in law would be to accept as a society that this material reality is not important or that it can be changed in a straightforward way. I do not believe that that is a wise route to take, and it would have wide-ranging repercussions in other aspects of law.

[Miriam Cates]

I will come to that. I believe that what we currently have is a good compromise, and I will explain why.

As well as the broader picture, there are specific impacts of GRA reform that would be significant, such as threatening sex-based rights. There are sound reasons of privacy, safety and dignity for women’s requirement for single-sex spaces and services. When using changing rooms and sleeping accommodation or for those in prison, women and girls have a right to expect that there are no males using those spaces. Self-ID could threaten those sex-based rights. I agree with my hon. Friend the Member for Carshalton and Wallington that we are awaiting guidance on the matter. It could row back decades of progress on women’s equality.

[Lloyd Russell-Moyle]

I am curious to know whether the hon. Member supports the current GRA and GRC, because what she is talking about in prisons already exists; people can have a GRC but they are not automatically put in the estate based on it. I can give her numerous examples. They are placed depending on an assessment by the prison authorities. What is wrong with the current situation, where the prison authorities make an assessment regardless of the GRC?

[Miriam Cates]

There is a lot wrong with what is happening in prisons at the moment, but that is beyond the scope of the debate. As I said to the hon. Member for Oxford West and Abingdon (Layla Moran), I will come to why I think the current law is a good compromise.

Self-ID could threaten these sex-based rights and row back on a lot of progress in women’s equality, but the effect on children would also be hugely damaging. We are already seeing a situation in schools and online where vulnerable young people—often girls, often same-sex attracted, often autistic—are being told that the answer to their problems is to change sex. This is manifesting in a concerning rise in girls who are not only identifying as trans or non-binary, but who are going on to make serious and permanent changes to their bodies that will result in lifelong medical, sexual and psychological problems.