Conversion Practices (Prohibition) Bill

Debate between Lloyd Russell-Moyle and Neale Hanvey

2nd reading
Friday 1st March 2024 Commons Chamber

[Lloyd Russell-Moyle]

I totally agree. Everyone in the House will know that I am not immune to getting stuck into this debate. We have had sparring partners across the Chamber on these issues, but that has led us nowhere. It has led to the delay itself and given a green light to many who think this practice might now be acceptable, rather than the abhorrence we all think it to be.

[Neale Hanvey (Kirkcaldy and Cowdenbeath) (Alba)]

The hon. Gentleman makes the important and strong inference that this is a commonplace occurrence. Will he give some evidence of the distribution of conversion practices, their incidence, and who is being affected? What is the true data on the matter?

[Lloyd Russell-Moyle]

I will come to exactly that in a moment, but the hon. Member makes valid points that we should address.

Some were worried when I was drawn in the private Member’s Bill ballot that I would produce, as one Whip put it, a “batshit crazy” Bill. Others were worried that I would produce a Bill that would not stop this practice and would have too many loopholes. But after months of meetings, quiet conversations, going on BBC “Politics Live”, offering a meeting to anyone who wanted one and meeting colleagues across this House, all with different views, I hope that the words of the same Whip, saying “Blimey, he’s actually produced something quite sensible” will ring in the ears of everyone in this debate.

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[Neale Hanvey]

I will come to that specific point and I will challenge the hon. Member for Brighton, Kemptown about some of his assurances that the Bill is compatible with human rights legislation because I have taken the view of a couple of King’s counsel, one of whom is a double KC, who disagree with the hon. Gentleman’s assessment.

My experience is imbued with the naked bullying and harassment that I experienced in my political group in this place. That was not because I was transphobic or anything like that—that is a ridiculous accusation—but because I will not submit to queer theory. I will not submit to gender ideology or to anyone telling me that I am same-gender attracted because that is a nonsense. That is not the truth. It is not hyperbole to say that this type of legislation is the thin end of the wedge and it has the potential to be the most dangerous, regressive, illiberal and authoritarian policy proposal that I have ever witnessed in my lifetime. [Interruption.] If the shadow Minister, hon. Member for West Lancashire (Ashley Dalton), wants to make an intervention, I am happy for her do so, but if she wants to mutter under her breath that is entirely up to her, but it is not a particularly great look.

This legislation is not about fixing a problem. It has the potential to actively and seriously visit harm on those it purports to protect. If it were genuine in its aims to protect LGB and T people, then we would be debating the policy proposal put forward by Sex Matters for legislation to ban modern conversion therapy, where queer theory adherents use affirmation as a vehicle for the medical and surgical conversion of many gender non-conforming young people and other vulnerable young people, wrecking their futures.

[Lloyd Russell-Moyle]

I do not believe and I have not seen evidence that modern conversion therapy is a widespread practice. However, the hon. Member must recognise that the Bill does not say that one thing is banned for the other; it says that both, if they are happening, are abhorrent and should stop. Surely he should support the Bill so that it can go to Committee and provide the safeguards he wants, because it will ban the thing that he says is an abhorrent practice?

[Neale Hanvey]

The hon. Gentleman made that point to me some days ago in the media, and I agree with him. I said, “I believe that you are earnestly trying to fix the problem and you are trying to reach across both sides”— I genuinely do believe that. But you cannot divorce yourself from the backdrop of queer theory activists who are causing mayhem, and will interpret, despite your reassurances and clarifications—

--- Later in debate ---

[Neale Hanvey]

Apologies, Madam Deputy Speaker.

The reassurances given to the Chamber will not be carried forward with activists—we know that that is not the behaviour of activists—so there is a real concern around the backdrop to the legislation. We have heard a little about a survey as evidence to support the legislation. That was a self-administered survey, so nobody could really verify the data, and anyone could have entered those figures. The definition of the reported practices is absolutely spurious—nobody knows what it means. It could be a bit of a giggle, let us be honest; people could fill the form in for any reason.

What little evidence there is of those practices has been described in a qualitative literature review conducted by Coventry University and submitted to the UK Government. It has been criticised by important rights organisations Sex Matters and the Gay Men’s Network for its narrow historical scope and its lack of relevance to the constituent countries of the UK, given that 85% of the data reviewed in that study relate to practices outwith the UK. Furthermore, it is understood in academia that a qualitative literature review is of limited use; all it really does is inform the backdrop to a piece of primary research. It is not generalisable or transferable to general populations; its purpose is to analyse a situation and come up with an idea for research. That evidence is insufficient to qualify for legislative decision making. Coupled with the survey, that data is not particularly reliable; it ignores the very real conversion therapy of queer theory affirmation. I do not think that the hon. Member for Brighton, Kemptown is seeking to mislead anyone, but I must point out the backdrop of queer theory in this context.

When it comes to fundamental freedoms and the impingement of this legislation on human rights in the United Kingdom, it is not just me and other hon. Members who have concerns, as I said earlier. Jason Coppell KC said in his written opinion for the Christian Institute:

“I consider that the Bill…if passed, would constitute a serious intrusion into the legitimate activities and practices of Christian churches and religious communities, which would be contrary to their rights protected by the ECHR, and so to the Human Rights Act 1998. They would also interfere with the legitimate expression of gender critical views, again in a manner which would be likely to breach ECHR rights.”

The Bill is “broad in scope.” It

“would apply both to practices which seek to ‘change’ sexual orientation or transgender identity and practices which seek to ‘suppress’ sexual orientation or transgender identity i.e., to change conduct.”

It

“would apply to acts which cause no injury or distress; and, indeed, to acts to which the person in question consents.”

It

“would apply across a wide range of settings, including social and religious settings (although, the Bill…would exempt at least some conduct of parents vis-à-vis their children). Whilst some attempt has been made to craft exemptions or exceptions so as to ensure that the practice of religion is not prohibited, the central prohibition in the Bill…remains a wide one, applying to churches and other religious organisations, and to those expressing certain views, including gender critical views, outside those settings.

The Bill…would, if enacted, interfere with a number of rights protected by the ECHR.”

It

“would (by way of example) restrict the ability of religious organisations to express their beliefs (both within their own communities and to the wider world) and the ability of gender-critical persons to express their beliefs to persons who profess a gender identity which is inconsistent with those beliefs. Such restrictions are likely to interfere with (at least) the right to respect for private and family life (Article 8 ECHR); the right to freedom of thought, conscience and religion…the right to freedom of expression…and the right to freedom of assembly and association (Article 11 ECHR)… It is very difficult to see how the wide-ranging interference with fundamental rights contemplated by the Bill…could be justified. Put shortly, the Bill…would criminalise expressions of personal conviction even if they are made without expressions of hatred or intolerance, or improper purpose or coercion, or abuse of power. Restrictions of that nature run contrary to the consistent case law of the European Court of Human Rights”.

[Lloyd Russell-Moyle]

The hon. Member is making such a long speech that we might as well have a bit of a dialogue about some of these things. Such bans have been introduced with similar assurances and clarifications in other European countries that are under the convention. Why is it that that legislation has not ended up in the European courts, but he thinks that this Bill, which is even more cautious, suddenly will? It does not make sense to me.

[Neale Hanvey]

I thank the hon. Gentleman for his intervention, but he needs to field that question to the King’s counsel. That is not a question I can respond to on his behalf.