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

Lord Scriven Excerpts

Friday 9th February 2024 Lords Chamber

[Lord Scriven (LD)]

My Lords, your Lordships are probably as surprised as I am to see me winding up from our Front Bench on this. That is because, even though I am an openly gay man, I have never got involved at all in the wider debate on gender identity. I understand there are very strong and passionately held views on both sides of the debate, and there is a lot about personal identity—what it is to be a woman or to be transgender. I have listened carefully, and I will continue to do so. However, I am afraid that sometimes in this debate we have done exactly what society has done: we have polarised ourselves around an argument which I believe not to be true.

I come to this debate with a sense of wanting to listen; the debate has raised some quite important issues and some important points of law and of clarification. That is this House at its best, with Members listening and debating with each other about points if something is going to become law. However, I come here as a human being with a sense of humanity, decency and empathy, trying to do my best as a legislator for our fellow citizens. I am sure that all noble Lords have come to the Chamber with that view.

I have also come with one principle. Would I support degrading, hurtful, damaging practices on a fellow human being? I am sure all noble Lords would say, “No, that’s not something that we would want”. However, I find it quite strange that when we then put a label on some individuals, some people start fraying at the edges because it does not fit to a norm which we hold, and we want our norms enforced on others. That cannot be right.

I have listened to this debate carefully. In fact, I threw out what I was going to say; the noble Lord, Lord Forsyth, has seen me scribbling on my phone quite a lot during this debate, because I have been trying to respond to what has been said. The argument against my noble friend’s Bill comes down to four reasons. The first one is that there is no need; new laws are not required. In 2021, the Government pointed out very clearly that:

“Our existing criminal law framework means that conversion therapy amounting to offences of physical or sexual violence is already illegal in this country. However, we have identified gaps that allow other types of conversion therapy to continue”,


and they identified that we need to close them. They went on to talk about “Targeting talking conversion therapy”: the Government identified that as a potential gap in terms of consent and in terms of some practices.

The Government also talked about “targeting physical acts conducted in the name of conversion therapy” by pseudo-psychological therapy. Those are not my words, but the Government’s. They also talked about it potentially being a mitigating factor that judges would have to look at in sentencing, and raised other gaps—potentially looking at conversion therapy protection orders, support for victims, restricting promotion and removing profit streams. So there is a gap in what is required, and the Government have outlined that.

A lot of noble Lords have said that the Bill is badly drafted. As somebody who supports the Bill, let me tell noble Lords that I have been in this House quite a lot and it is not the first time I have seen a badly drafted Bill. But I have been told many times by many noble Lords that the point of the Lords—and I accept that it is our role—is to reform and change Bills and make them better. That is what Committee stage is about. There are things that some noble Lords have said today about which I think, “Actually, that does need exploring further”. The question is whether this law is not required—the Government said in 2021 that extra law was required—or whether it is a matter of principle that it should not go forward. I would like to see it go to Committee, so we can explore some of the important issues that many noble Lords have identified.

Another reason given why the Bill should not go ahead is that it will stop medical practice and limit what happens. Let me be clear: the Bill will not stop any legitimate registered medical practitioner carrying out regulated activity. What it will stop is somebody deciding, before they have even started exploring the issue with that young person, that their sexual orientation or gender identity is wrong and needs to be changed. Through the process, as happens now, some will change and some will not, and medical practitioners will determine with them what happens—you will not come before someone who predetermines that your sexual orientation or gender identity is wrong. That is really important to understand.

The final issue is freedom of speech. Certain noble Lords are shaking their heads; that will have to be explored in Committee, if that is the case, with amendments and probing. That is absolutely fine. I believe one thing about the Bill and other noble Lords believe something different, so we will have to tease that out in Committee.

A number of anecdotes have been given today; let me give one of mine. About four or five years ago, I was at Gay Pride in Sheffield when a number of evangelical Christians turned up with megaphones and soapboxes, and suddenly started telling us that we were sinful and were going to hell. There was a big outcry from some members of the LGBT+ community that we should get the police, and off the field these people should go. Much to the anger of some of the people on the committee, I said; “No. They’ve got every right to tell us that we’re going to hell, and we’ve got every right to argue with them why we’re not going to hell. They can have that view”. The difference would have been—here, the police would have been called, and this is where my noble friend’s Bill comes in—if they had decided to take me somewhere in the park and tried to force me to stop being gay. But they were not doing that. It is exactly the same in this Bill; the motivation for stopping you being gay or having a certain gender identity also has to be taken into consideration in this Bill.

My noble friend’s Bill may need amending, but it is important. She has created a space on an issue that the Government, since 2018, have been saying needs space to be debated and legislated on. She wants the loopholes in the law, which the Government also identified in 2021, to be closed. I hope that noble Lords today will allow that space to remain and allow us to deal in Committee with some of the genuine concerns that have been raised, iron them out and stop once and for all this abhorrent practice of conversion therapy, which has no place in modern Britain.