Conversion Practices (Prohibition) Bill

Dawn Butler Excerpts

2nd reading
Friday 1st March 2024 Commons Chamber

[Dawn Butler (Brent Central) (Lab)]

I congratulate my hon. Friend on the Bill. Childline has talked about how young people have contacted them feeling torn and talking about what they are going through. They need a safe, non-judgmental space. Does he agree that his Bill will do just that?

[Lloyd Russell-Moyle]

I hope it does.

Yesterday, all the major counselling, therapeutic and health organisations provisionally agreed an indicative vote to support the Bill, with no organisation voting against. The British Medical Association and the Royal College of Nursing support a ban on conversion practices.

Let us come to the evidence I have been asked for. The Government themselves did a survey in 2017, and more recently commissioned a piece of work in 2023, indicating that this is a live issue. According to the research, one in five people have been subject to someone trying to change, cure or suppress their sexual orientation or transgender identity. More than one in five people from a religious and faith background, and one in six from a non-religious background, have experienced conversion therapy.

When the hon. Member for Devizes (Danny Kruger) attended one of my drop-in briefings on the Bill, he asked about the number of young people who have been affected by such practices. In a weighted YouGov survey—using its usual weighting metrics—of 2,000 people in 2023, 10% of those aged over 65 said they had undergone or been offered conversion therapy, whereas the figure was 8% for 16 to 17-year-olds, and 7% for 18 to 34-year-olds—shockingly high. It shows that this is a live issue. It is the same with the NSPCC, as we have heard: over 50 young people phoned its helpline last year, saying that they were being threatened with, or subjected to, conversion practices.

I know that some Members would prefer to bring in a ban on sexual orientation conversion practices—LGB only—and not touch on the transgender elements. There are a couple of reasons why I think that would be a foolish approach. First, the Government have themselves carried out reviews and repeatedly said that we need a trans-inclusive ban. In fact, Ministers have said that trans conversion is their main concern. They cannot say it is a huge concern that people might be converted from being transgender, and then say we do not need a ban on either-way conversion therapy.

Secondly, we must recognise that LGB and transgender are separate, but they are interlinked. People exploring their sexual orientation will sometimes come to consider their transgender status. To not include transgender would allow a loophole whereby people who wanted to force someone to be gay, but not trans, could claim that they were offering transgender therapy, rather than LGB therapy, which would make the Bill useless.

Thirdly, there is pretty well-established research on the LGB conversion therapy problem, but there is significant and growing research, from Britain and around the world, that conversion therapy is a problem for the transgender community as well. In fact, the Minister for Women and Equalities, the right hon. Member for Saffron Walden (Kemi Badenoch), said in a letter on 7 February that she had significant evidence that children might be subjected to conversion practices for being transgender. I have not seen the evidence—I do not endorse it per se—but I have seen significant accounts from many survivors who have been forced not to be transgender. All sides are saying this is happening. The direction of conversion is irrelevant, but it is an indication that we need to take action, and my Bill does so.

--- Later in debate ---

[Maria Caulfield]

My hon. Friend is right. I have not spoken from the Dispatch Box before about this particular subject, but my colleagues the Minister for Equalities and the Minister for Women and Equalities have been focused on trying to overcome some of the concerns raised today that could stop any legislation, whether it is this Bill or the Government’s Bill, getting through both Houses. Time has been taken to address those concerns so that we can come together to legislate against conversion practices.

[Dawn Butler]

For clarification, is the Minister implying that every time there is a new Minister we start again from day one? Is she able to give a timeframe for the Government Bill—by May, June or July?

[Maria Caulfield]

As a Government we speak together, but I am just expressing my frustration on behalf of colleagues. I acknowledge that this has taken a long time, and I want to explain why. I tried to indicate earlier that we are expecting the Cass review in the coming weeks, and we aim to publish the Bill for pre-legislative scrutiny very soon after that.

Let me come to the Government’s concerns about this Bill and address some of the issues raised. We have concerns about four areas: the proposed definition of conversion practices, the inclusion of the term “suppression”, the proposed parental exemption and the territorial extent of the provisions. I will take those in turn.

First, we are concerned that the definition of conversion practices in clause 1 is simply too broad. A conversion practice is outlined as a

“course of conduct or activity”.

Even with the provisos that an act must be repeated and underpinned by a predetermined outcome in order to be in scope, that remains a very broadly drawn offence that lacks legislative clarity. The hon. Member for Brighton, Kemptown has produced explicit exemptions in clause 1(2) to clarify that certain actions are out of scope, but the Government are concerned that those exemptions are insufficient and there remains a risk that some reasonable behaviour would be caught.