Conversion Practices (Prohibition) Bill

Debate between Luke Pollard and Neale Hanvey

2nd reading
Friday 1st March 2024 Commons Chamber

[Neale Hanvey]

I thank the hon. Member for that observation. The hon. Member for Carshalton and Wallington (Elliot Colburn) said that a young person has to wait 10 years, for example, for gender reassignment surgery, but during that time they will start on puberty blockers and other such medicines, and possibly cross-sex hormones, and the damage is done. Whether they have surgery or not is pretty academic at that stage, because irreversible treatment will have been administered.

The other point I would make in response to the hon. Member for Aberconwy (Robin Millar) is that there was an option not to introduce this Bill and move the issue forward. The hon. Member for Brighton, Kemptown could withdraw the Bill and we could establish a process of community engagement, through community assemblies, citizens’ assemblies or something of that nature. We could thereby have the debate we should have had five or six years ago, where everybody’s voice is valued, everybody gets to have a say, the Churches are involved right at the beginning and an accommodation is found that makes this kind of practice absolutely unacceptable—there is a clear output that this will never happen, but it does not have the strand of queer theory running all the way through it. That is the real problem.

Let me move on to the document on the Bill published recently by the Gay Men’s Network, because the hon. Gentleman addressed this in some detail and it is important to respond on some of the legal points. The GMN has among its number some legal experts, including a criminal barrister and an award-winning legal academic. It makes comments about the legislation under a few headings, the first of which is

“The wide net of criminal liability in the bill”.

The document states:

“The bill provides via clause 1, 4 and the Sentencing Act 2020 that:

a. a single act

b. the purpose and intent of which

c. is to change or suppress

d. sexual orientation or transgender identity

e. be a criminal offence if not excused by a defence in clause 1(2)

We draw attention to the terms ‘suppress’, ‘sexual orientation’ and ‘transgender identity’.

‘Suppress’ in comparative Scottish proposed legislation is defined widely, it includes, for example, a concerned parent forbidding an autistic daughter from wearing a breast binder because regulation of clothing is specifically cited as an act of suppression.

This bill proposes that the terms ‘Sexual Orientation’ and ‘transgender identity’ mean the same as in the Sentencing Act…this is problematic because that act defined neither term. It is important to note that the meaning of ‘sex’ (and therefore sexual orientation) is not settled in law and a Supreme Court Case on the subject is pending.”

[Luke Pollard]

I have been listening intently to the hon. Gentleman, but I am curious because the Bill he is referring to is not the Bill we are considering. Where is “suppress” in the Bill that we are considering? It would help me to follow his thoughts if he could help us with that.

[Neale Hanvey]

I have stated where it says “suppress” and the hon. Member for Brighton, Kemptown mentioned “suppress” in his contribution.