All 1 Neale Hanvey contributions to the Conversion Practices (Prohibition) Bill 2023-24

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Fri 1st Mar 2024

Conversion Practices (Prohibition) Bill Debate

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Department: Department for Business and Trade

Conversion Practices (Prohibition) Bill

Neale Hanvey Excerpts
2nd reading
Friday 1st March 2024

(9 months, 1 week ago)

Commons Chamber
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Lloyd Russell-Moyle Portrait Lloyd Russell-Moyle
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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 Portrait Neale Hanvey (Kirkcaldy and Cowdenbeath) (Alba)
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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 Portrait Lloyd Russell-Moyle
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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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Alicia Kearns Portrait Alicia Kearns (Rutland and Melton) (Con)
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I am often asked why I fight for a ban on conversion therapy. People say, “Surely there must be some personal connection. Surely you must have some personal history,” but I do not. In fact, there is no one in my family who is LGBT; we may be the only family in the UK without someone who is LGBT. The reason I do it is because fundamentally, as a Conservative, I have a duty to defend individual freedoms. I believe that the state should stay out of people’s lives, but it should protect the most vulnerable—defend those who others seek to harm, and recognise that the first and foremost duty of any Government is to protect their people.

This is not some woke frontier for politicians to weaponise for clickbait, and I am shamed by the debate that is increasingly taking place on conversion therapy. I remember the first debate I secured in this place on conversion therapy. It was moderate; we sat and debated the intricacies of legislation that was not yet there. Unfortunately, that has changed.

People in positions of trust are abusing those who they tell they are sinful, broken and need correcting, which causes lifelong hate. There are survivors in this place—in Parliament. The reason I fight so hard is that so many LGBT colleagues do not feel that they can come here and be labelled as fighting for themselves. They should be free to do that, but sometimes they cannot, and—do you know what?—allyship matters. We have a duty in this place to not impose our own personal views on things, but recognise that our rights—potentially to religious freedoms—can be protected while we also protect those who live a life different from ours.

Neale Hanvey Portrait Neale Hanvey
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The hon. Lady has made a really important point about LGB people coming to this place and feeling safe to argue their position on this important matter. I have experienced the most horrendous bullying in this place because I take a contrary view, or a more guarded view, than some in the LGB community. In fact, people in the LGB community are often referred to as “bigots”, “transphobes” and other slurs just because we have concerns about legislation such as this and want to make sure that young LGB people are protected —and trans people. Does the hon. Lady agree that that rule must apply to all sides of any debate, not just to the side that she favours?

Alicia Kearns Portrait Alicia Kearns
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The hon. Gentleman is entirely right, but there was one letter missing in his LGB: the letter T. We do not divide the LGBT community in this place. Members can say that they have concerns about what we are doing, but by removing the T, the hon. Gentleman is suggesting that transgender people do not exist. He is suggesting that they are less than other LGB people, and I will not stand for that, because it was trans people who stood with gay people at Stonewall; it was trans people who fought alongside them for LGB rights. I will happily discuss the intricacies of legislation with the hon. Gentleman, but when he chooses to eradicate, that is wrong.

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Elliot Colburn Portrait Elliot Colburn
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As my hon. Friend well knows, there was no definition offered at the time, but that is exactly what this Bill attempts to do: to bring forward a definition.

I want to pick up on a point that has been made a number of times. A number of colleagues have suggested that there is an epidemic of people being forced to be gay or being forced to be trans. This is a two-way Bill —it does it in both directions.

Neale Hanvey Portrait Neale Hanvey
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Does the data that the hon. Gentleman refers to come from the self-referral survey administered at Pride marches? That is not really research but a survey. Does he think that a survey conducted in that way is sufficient to inform legislation?

Elliot Colburn Portrait Elliot Colburn
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The survey was only the start. It has been backed up by research commissioned by the Government two years ago. It has also been backed up by a number of independent organisations, including the NSPCC, Mind and Galop, which have had calls about it. We have the data to show it is happening. The idea that people would phone a support service such as the NSPCC and pretend that they are being offered conversion therapy is, I am afraid, for the birds.

I agree with the hon. Member for Plymouth, Sutton and Devonport (Luke Pollard) about how we are perceived in this place. I thought back to when this House debated same-sex marriage in 2012. I listened to the debate, obviously not as a Member of Parliament, and I remember how powerless I felt then as a young gay man having my future and my rights discussed by a group of people. I had nothing to do but sit and watch and listen to some awful things. As the hon. Member for Brighton, Kemptown (Lloyd Russell-Moyle) said, that is necessary in a free and democratic society. The Bill does not seek to curtail free expression via legitimate conversations, but we have evidence that harm is being done to people and we do not have the laws in place to prevent it.

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Elliot Colburn Portrait Elliot Colburn
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I am sorry, but my hon. Friend seems to have forgotten the point: this is the first time we are debating a Bill. We have failed because we have taken five years to arrive at a position where we can actually debate legislation. That is the failure. We passed Brexit faster than we have discussed this!

Neale Hanvey Portrait Neale Hanvey
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I thank the hon. Gentleman for giving way; he is being very generous. The fundamental problem is that we have not been able to define the problem. There is anecdotal data from a survey that suggests that some people have reported that they have been subjected to what they define as conversion therapy, but we do not know what it is. It is not defined. What exactly are we legislating about?

I would like to ask the hon. Gentleman another question. I listened very carefully to his view on other people talking about his sexuality. Does he think it is acceptable for a gay man to be told across this Chamber what he should do, how he should define himself and who he should associate himself with? Does he feel that that is homophobic?

Elliot Colburn Portrait Elliot Colburn
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I do not think anybody should be told what they should do. That is the entire reason I am backing the Bill. I totally accept that there will be people who will never, ever believe that LGBT+ identities are real or valid. I do not agree with that, and I and other people can find that hurtful, but that is what we have to accept in a free and democratic society.

I have been part of these conversations now for many years and I have seen the incredible work that has gone in to work across the divide to try to bring people together. I saw myself, when I sat on the Women and Equalities Committee and we conducted an inquiry into this issue, how much agreement there was between different sides about what needs to be done, especially on improving the provision of healthcare and mental healthcare. They might have different ideas on outcomes. For example, some people might think we need to improve healthcare for younger people so they do not go down a route of being trans, while other people might think we need to do that because waiting lists are too long and we want to get people on a course of treatment faster.

Both those views are, of course, absolutely valid. As parliamentarians and as individuals, we have to accept views that we do not agree with. I totally accept, as I have said, that there will be people who never think that my right to exist as a gay man is valid or that trans identities are valid. That might be upsetting and difficult for people to accept, but that is what happens in a free and democratic society, and the Bill does not encroach on that.

I want to come back to the legal test of “predetermined outcome”, as that is where we must focus. That legal test provides the safeguards necessary to address both those sets of concerns, so that we can get to a place where if someone embarks on a course of action that has a predetermined outcome to change someone’s identity, we have a legal mechanism to deal with that, but we also provide the freedoms for people to express views, to engage in legitimate conversation and, yes, to say things that other people might find distasteful and hurtful. We just have to accept that that is the case, but this is what good law is all about.

I hope that colleagues allow the Bill through to Committee. There have been many discussions of what constitutes conversion therapy and how we define these concepts. The hon. Member for Brighton, Kemptown was right to use existing legal concepts, but we must be allowed to get the Bill through to Committee so that we can have this discussion in greater detail, because so far all we have heard is anecdote; we have had debates, but we have never had discussion on an actual legislative proposal. That is the opportunity we have today and it would not be right to let the Bill fall at this hurdle. We need to get it through to Committee so that we can thrash this matter out in more detail.

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Neale Hanvey Portrait Neale Hanvey (Kirkcaldy and Cowdenbeath) (Alba)
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Let me begin by telling a little story that may surprise some Members who have made assumptions and judgments about my position on policies of this type.

When my party leader, Alex Salmond, introduced equal marriage to Scotland, it was done in a collaborative and supportive way, involving proper engagement with all members of the community. All the Churches were involved, through an assembly process. It was a smooth and positive campaign that delivered real, meaningful change. I have not availed myself of it, because I am happy to stick with the old-style civil partnership—my partner and I are very comfortable with that—but for those who want a marriage ceremony, it is brilliant.

After the introduction of equal marriage at the beginning of 2015, the Equality Network, which had led the campaign for it, organised a consultation on what the priority should be for equalities campaigning in Scotland. So I trundled off to Edinburgh on a cold dark March evening to sit in a room with a large group of people—transexual people, transgender people and gay people. I was the only politician who had turned up on that cold evening, and I was full-throated in my support for advancing disability and inclusion rights and the rights of transgender people. What I had never signed up for, however, was the insinuation of queer theory into the rights movement and the equality movement, and the pernicious effect that it would have. I had not realised how dangerous and disruptive that movement was until I spoke up, very politely, and said a simple thing: “Women are not being listened to in the trans debate.”

The response that stemmed from that simple statement of absolute fact has been horrific. People describe me as gender critical, but I am not transphobic—absolutely not. I have led my local Pride march for two years, I have introduced safe spaces for trans people, and I have relationships and friendships with people who are transgender and transexual. However, when I look at a policy through the lens of someone who has been involved in safeguarding and child protection throughout his professional life and I see a risk in that policy, it is my duty to point that out to legislators and to say, “This is dangerous.”

The reason I have brought that up and the reason it is relevant to the debate—I am coming to that; I can see that the hon. Member for Brighton, Kemptown (Lloyd Russell-Moyle) is getting anxious—is that this policy does not sit in isolation from queer theory. It is part of the queer theory movement, and despite all the reassurances and despite the hon. Gentleman’s best efforts—and I believe that his speech and his engagement have been entirely sincere—he cannot divorce what he is attempting to do with this legislation from the activists who will have a very different reading of the words that he has spoken today, and the reassurances that he has given us. That is my great fear and concern.

I have risen to oppose the Bill not despite but because of the fact that I am a gay male who can see the dangers that it presents to gender non-conforming young people. I came out in the 1980s, when being gay was not fashionable and people could still be sacked for it, with no recourse or redress in employment law. In those days, my greatest allies were women: Women in the Workplace, the feminists who volunteered alongside me at Scottish AIDS Monitor, the women who worked alongside me in schools delivering drug and sexual health education to young people in response to the particular AIDS problem that we had in Edinburgh, and the women who walked alongside me on Pride marches. I remember that, and I value it.

It is so sad that the cause of improving the lives of transgender and transsexual people in the UK has been blighted by a campaign that can be described as, at best, divisive and aggressive. My family and I have been subjected to the full force of that campaign, which is the problem with this Bill. I believe the intentions of the hon. Member for Brighton, Kemptown are genuine, but it is against a backdrop of queer theory activists and heterosexual people telling me how I should define myself and what I should accept as a gay man. That is unacceptable. It is homophobia, and I do not care what anyone says.

Balancing rights and protections requires the consideration of every affected community, and every affected category within each community. Despite what is often said, neither queer theory nor gender ideology is about inclusion or diversity. It is an anarchic, authoritarian movement, the purpose of which is to disrupt and silence. Speaking up has not been easy, and the impact on my family has been enormous.

As a voter, I want to vote for a politician who I believe is telling me the truth. I do not want to vote for a politician who lies to me, who says that black is white or that Y is X. That will never be acceptable, which is why I feel a responsibility to live up to that standard. I have made this point before, but conversion therapy bans are part of a slate of policies which, in my view, are intended to insinuate queer theory into every facet of our culture and to control and limit freedom of thought, freedom of speech and freedom of expression. The clearest example is that I am somehow not same-sex attracted but same-gender attracted, and that I should therefore accept trans-identifying females as an acceptable partner. Thankfully, that is never going to happen because my partner and I have been together for 30 years and there is no way that will change—I do not have the energy to think about it.

Robin Millar Portrait Robin Millar (Aberconwy) (Con)
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I try to listen carefully to these debates, and each time I learn much that is new. The hon. Gentleman brings a perspective to this debate that is completely outside my own experience, for which I thank him. He makes an important point about inclusivity, and I want to understand the implications. Is he saying that this Bill is effectively promoting an exclusivity, and that it is not inclusive? By describing the slate of queer theory policy, is he saying that this Bill would be unintentionally harmful well beyond its actual scope?

Neale Hanvey Portrait Neale Hanvey
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The hon. Gentleman makes an important point, and I will address some of those complex issues.

If we look at the Bill through a utilitarian lens, there is a desire to protect the few, which is a laudable and noble aim, but it would limit the freedoms of so many and would potentially inflict serious criminal harm upon them because of a lack of foresight of the consequences of some of the proposals.

As a counterpoint, and this speaks to events that have happened today, can Members imagine a circumstance in which it would be remotely acceptable for me to lecture my partner about how he should feel when somebody expresses a racist view towards him, how he should manage it and how he should respond to it? I would never presume to do that as that is absolutely not my place. By the same token, it is not anyone’s place to lecture women or LGB people, or force-team them with others and say, “You must campaign with them. You must accept their demands.” That is what queer theory is doing to our society

Danny Kruger Portrait Danny Kruger
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The hon. Gentleman is making a really important speech. Is it not extraordinary how that demand that was made of him, and that is made all the time, is done under the guise of freedom? It is said that it is an assertion of liberty, and a protection of individual rights and free speech. Is it not a bizarre inversion of truth when those sorts of arguments are made?

Neale Hanvey Portrait Neale Hanvey
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That is a really important point. That campaign is supposed to be about equality and inclusivity, but one of its main activities is to find people to exclude, dox, deplatform, cast aside and force out of their jobs. How is that inclusion? How does that win anyone over to the noble aim of preventing harm? Harm can be prevented through legislation that is already in place, whether that is the Equality Act 2010 or statutes that deal with torture and abuse. The legislation is already there, so what exactly are we trying to fix? I cannot understand what that is. There is a shiny Bill here that says that conversion therapy is bad—of course it is bad; nobody disagrees with that. The Bill will not solve that. In fact, it will probably make it a whole lot worse.

Miriam Cates Portrait Miriam Cates
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The hon. Gentleman is making a brilliant speech and laying out not just what the Bill could do, but the background and culture against which we are speaking. He is right that the Bill would interfere with people’s freedom and freedom of expression. Does he also agree that it would interfere with fundamental human rights under the European Convention on Human Rights? The Bill, even with the suggested amendments, would interfere with some of the basic rights to freedom of speech, religion and conscience?

Neale Hanvey Portrait Neale Hanvey
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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 Portrait Lloyd Russell-Moyle
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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 Portrait Neale Hanvey
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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—

Baroness Winterton of Doncaster Portrait Madam Deputy Speaker (Dame Rosie Winterton)
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Order. The hon. Gentleman knows that he must not address another Member directly. Please do so through the Chair.

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Neale Hanvey Portrait Neale Hanvey
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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 Portrait Lloyd Russell-Moyle
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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 Portrait Neale Hanvey
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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.

None Portrait Hon. Members
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Ah.

Neale Hanvey Portrait Neale Hanvey
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Well, that is a matter of fact. If Members want to engage with the KC, please go right ahead.

William Cash Portrait Sir William Cash
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Vicariously, this is about criminal law, not matters relating to the European Union’s general administrative arrangements.

Neale Hanvey Portrait Neale Hanvey
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I take the hon. Gentleman’s point, but the opinion of the King’s counsel is that enacting the legislation would have the effect of infringing those European convention on human rights freedoms that we all have every right to expect within extant legislation.

Danny Kruger Portrait Danny Kruger
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For me, the answer to the hon. Member for Brighton, Kemptown is that there is something about the culture of the British courts that means they use the ECHR to pursue their particular political purposes, as we see constantly. There is something about the culture of the European courts that means they do not. We are familiar with this phenomenon whereby European countries have arrangements that do not entangle the European convention on human rights or the European Court. Here in the UK, our lawyers delight in using the European Court to pursue their politics, and that is exactly what would happen in this circumstance.

Neale Hanvey Portrait Neale Hanvey
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I thank the hon. Gentleman for that clarification, which is helpful. The point I will make next is that in Scotland there was similar legislation. In a 46-page legal opinion, Aidan O’Neill KC, who is a double silk, talked about these types of proposals, which would see faith leaders and others imprisoned for up to seven years and hit by unlimited fines if convicted of involvement in so-called conversion practices. He states:

“This is perhaps best described as ‘jellyfish legislation’. The concepts it uses are impossible to grasp; its limits are wholly undefined; it contains a sting in the tail in the form of criminal sanction of up to 7 years and unlimited fines; and thus it will have an undoubted and intended effect of dissuading persons from ever even entering the now murky waters of what may or may not constitute unlawful ‘conversion practices’.”

Some have argued that there is a nervousness among some gay Members on the Government Benches that failing to support a ban would hold some equivalence to the impact of the controversial section 28 amendment introduced by the Thatcher Government in 1988, which prohibited the promotion of homosexuality in schools. It is well understood by those of us who lived through that and opposed the legislation that it reinforced the then ubiquitous homophobia that stifled education and support for gender non-conforming young people. Thankfully, that policy was repealed in 2003 under a Labour Government, and that is a good thing. However, this proposal would undo all the value of that repeal. The effect of this Bill is much more likely to be directly comparable to the chilling effect of section 28 than in any way enhancing its repeal.



Let us consider, for example, a young gender non-conforming person who has a positive relationship with a member of the teaching staff. In the current situation, they are free to discuss and explore their emerging sexuality, and to be challenged on some of the views they hold. That is no easy conversation even in today’s context, but given that social media is full of misinformation and enticements that there is some magical, simple fix to complex problems, these are matters that a young person could choose to explore with a trusted adult or a parent. The introduction of this legislation would make that nigh-on impossible. Teachers, youth workers, nurses, doctors, social workers, church leaders and parents would be forced to think twice or refuse to entertain such a conversation, for fear of accusation and criminal prosecution.

Suella Braverman Portrait Suella Braverman (Fareham) (Con)
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I applaud the hon. Gentleman for his powerful and compelling speech. Parents have come to me in tears with their young adult child who had undergone transition some years earlier and has subsequently come to regret the decision. These parents are upset and distraught, as is the young person. They are filled with regret and pain, and they ask me, as their constituency MP, what I can do to help with detransition. There is really no answer to that. How does the hon. Gentleman think that parents in that very difficult situation, with a teenager experiencing gender dysphoria or exploring their sexuality, will be able to cope under this proposed law?

Neale Hanvey Portrait Neale Hanvey
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I thank the right hon. and learned Lady for her intervention, which raises important points. They would do so with a sword of Damocles hanging over their head. They would do so with the risk that if their child wanted to be belligerent, to challenge them and push boundaries—the normal actions of any adolescent—they would be able to use that as a weapon and say, “I’ll go to the police if you don’t give me what I want.” That is the reality. That would be one of the pernicious effects of this proposed legislation. It would have a direct impact on family life and the normal functioning of the family by undermining parents’ role in providing counsel and guidance, and in testing things out with their child. Being open and able to speak freely with their child about difficult issues at the dinner table is one of the most important roles a parent has, but this would snuff out the ability to facilitate such conversations.

The Bill would affect a broad range of people and it would leave the young person at the mercy of radicalised activists and social media influencers who operate under the pseudo-theocratic rules of a doctrine that, as I have said, is chaotic, anarchic and disruptive.

Paul Bristow Portrait Paul Bristow (Peterborough) (Con)
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The hon. Member is making an excellent and thoughtful speech. He talked earlier about how equal marriage was passed in Scotland and how many of the faith communities were brought together with the Scottish Government at the time in order to achieve that. Does he understand it is not just Christian communities that have major concerns about the Bill? In Peterborough we have a large Muslim community who are very concerned about how their work will be impacted by the Bill, and how some of the madrassahs and schools will be impacted. Does he recognise that is a challenge as well?

Neale Hanvey Portrait Neale Hanvey
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Yes, that is an important point and refers back to the points made in the previous intervention. I have a very busy constituency office and I meet church leaders and different faith groups to talk about these issues. They are relieved that they have a Member of Parliament who is prepared to stand up on their behalf and ask the difficult questions. I have parents with children who are contemplating transition or who are desisting, so I deal with that.

I also have members of staff in the local health service who are finding themselves in a very difficult situation because queer theory has insinuated itself into the culture of all our institutions. The staff have no sense of privacy or dignity, and they are concerned about the privacy and dignity of their patients. That is why it is so important to name queer theory as the backdrop against which this legislation is being proposed, and my concern is that it would be the thin end of the wedge. The hon. Member for Brighton, Kemptown said that the Bill would be reviewed in four years’ time. Yes, we can have amendments and new clauses added to the legislation, but that goes both ways. The next time it is reviewed, all caveats could be removed. The full-throated queer theory doctrine could be forced into every part of our society, which is a risk that I am not prepared to leave unchallenged.

As I said, the Bill leaves young people at the mercy of radicalised activists online, and such activity is to be tolerated. There is no amendment to the Online Safety Act 2023 to prevent access to people who encourage and entice young people to sign up to irreversible medical and surgical treatments from which they can never row back. When someone stops puberty, they cannot restart it—that is it—and all the important developmental changes that happen during puberty are gone. Transitioning is not just about affirmation; it involves coercion, persuasion and unrealistic enticements, which lead young people who are living through desperately difficult times to believe that there is a quick fix for their problem.

The ideology underpinning all this is the real threat, and makes this legislation much more illiberal and much more difficult for young gender non-conforming people than section 28 could ever have been. That is the effect of this legislation: it would block therapeutic support for gender non-conforming young people and channel them, through unquestioning affirmation, into a lifetime of medical treatment and surgical limbo. We know that gender non-conforming behaviour is being used as evidence of gender dysphoria by non-experts in the classroom and in other professions. A significant finding of the Cass review was about the culture that existed at the GIDS clinic, and I ask all Members to reflect on the words of the brave detransitioners who were discarded by the “be kind” brigade of radicalised activists when they decided to desist. Kiera said:

“I became attracted to girls, but I had never had a positive association with the term ‘lesbian’ or the idea that two girls could be in a relationship. I wondered if something was wrong with me. I was adamant that I needed to transition. It was the kind of brash assertion that’s typical of teenagers. After a series of superficial conversations with social workers, I was put on puberty blockers at age 16. A year later, I was receiving testosterone shots. When 20, I had a double mastectomy. As I matured, I recognised that gender dysphoria was a symptom of my overall misery, not its cause.”

Ritchie said:

“Homophobia was rife in the local culture, my family and school and it seemed to be the worst outcome ever to end up gay. My behaviours were policed by others for being too flamboyant or eccentric, and I struggled with fitting in with others. I latched onto the idea with an unfounded zeal, and not a single medical professional stopped me thereafter. I delayed my appointment for surgery for over two years, because I had doubts. But then they gave me an ultimatum and I knew that if was not going to go through with the surgery I would have lost my therapist. As soon as I was conscious, I knew I had made the biggest mistake of my life. My sex has been lobotomised.”

That is manifestly not informed consent. It is coercive and abusive, and it breaks all ethical principles of respect for personal autonomy. We need positive LGB and T messages, not false promises that personal struggles can be fixed by mutilating surgery and experimental drugs.

But it is not just lesbian and gay young people at risk. Sinead said:

“Transitioning evangelists on the forums tell young people like me that all will be well. After cutting my long hair short and wearing men’s clothes for a year, I was put on a 12-month waiting list for treatment at a gender clinic in Glasgow. I could not believe how easy it was. What I needed was counselling to uncover why I had come to loathe my body. Instead the professionals appeared to take what I said at face value. When I said I was in the wrong sex and wanted to be a man, they agreed and prescribed me with testosterone. No one ever told me the truth: ‘You’re not a man. It’s impossible to de-sex yourself.’”

The effects on those young people have been devastating, because they were denied the help they needed.

I pay tribute to Sex Matters and the team at LGB Alliance for their invaluable work standing up for the rights of young LGB people. I want to challenge a comment that was made earlier. Being lesbian, gay or bisexual is a sexuality. That is manifestly different from being transsexual. I am not indifferent; in fact, I feel passionate about trans people being looked after properly. But to say that, in order for my identity to matter, I have to be teamed with the trans community is completely unacceptable; it is homophobic. Those organisations that I mentioned have protected young people from a tsunami of lies. I cannot put into words how strongly I feel about this. I thank Keira Bell, Ritchie Herron, Sinead Watson and every other detrans person who has had the courage to stand up and speak out. I am absolutely humbled by the experience that they have gone through and their courage to put that into words. As Keira put it:

“it was the job of the professionals to consider all my co-morbidities, not just to affirm my naïve hope that everything could be solved with hormones and surgery.”

I acknowledge that this Bill seeks to provide access to therapy and, as we mentioned a moment ago, to address affirmation conversion practices. However, I ask the hon. Member for Brighton, Kemptown, where are the therapists? Where will they come from? Child and adolescent mental health services are already under enormous pressure. If through threat, fear or a chilling effect the trusted adults who can engage with gender-questioning young people or those who think they might be gay will be limited in who they can interface with, who will pick that up? Those young people will be left isolated, unable to speak to anyone about their sexuality. The chilling effect that this Bill risks is enormous. Where will the therapists come from?

The reality is that young people will be redirected to the quacks on social media. They will not be able to speak to a trusted adult. That risk has to be understood. The reality is that this Bill puts those it seeks to protect in harm’s way and restricts the support that they can draw on. This is the wrong legislation for young gay, lesbian and transgender people. It attempts to solve a problem that does not exist, and fosters a new, chilling homophobic culture—just like section 28.

I agree with the proposal from Sex Matters that any legislation should meet the following four policy aims: outlaw all medical or surgical treatment of minors to modify their sexual characteristics; outlaw medical surgical treatments performed on anyone who has not had the full implications of the treatment explained to them; make it a specific offence not to provide adequate information and ensure informed consent; and make it an offence to take a child abroad to get around the prohibition of modern conversion therapy. Sex Matters helpfully suggests that the legislation could use the model that was used for legislation on female genital mutilation and virginity testing.

The not-for-profit organisation the Gay Men’s Network was established to tackle modern homophobia, and I engage with it regularly. It agrees that the Bill is the extant modern conversion therapy scandal affecting gender non-conforming young people and others struggling with normal yet distressing pubertal body dysmorphia. Furthermore, the Bill risks embedding in statute the lie that gender non-conforming behaviour is evidence that some of those young people were born in the wrong body; that the normal development of puberty, which can never be restarted or repaired, should be arrested with chemicals; and that trauma or emotional distress can be fixed with cross-sex hormones or affirming the person on to an accelerated and irreversible pathway, which amounts to a policy of transing away the gay. That is wrong, and that practice must be the urgent focus. The evidence is there; it is widespread. We know of the huge explosion of referrals into GIDS, which is closing, but the service does not provide any follow-up. For lack of a better phrase, how can it do that to someone? How can it give surgical treatment and fail to follow it up? I cannot imagine that happening in any other field of medicine. It is completely unacceptable.

The Gay Men’s Network is concerned that an affirmation-only approach could easily be inserted as an amendment or a new clause if the Bill goes to Committee. Going to Committee does not mean that the Bill will be repaired; it could get worse, and we must be mindful of that.

Robin Millar Portrait Robin Millar
- Hansard - - - Excerpts

It is very generous of the hon. Gentleman to give way a second time. I am again struck by his perspective on the process of conversion, and specifically on the length of time. He is describing a situation whereby people are on a journey, making decisions and wrestling with something existential—their identity—and I wonder whether the Bill adequately addresses that. It seems to me that it addresses a one-off moment—an incident or an action, reprehensible though it may be —but does not deal with a lifetime of wrestling with one’s sexuality or sex.

Neale Hanvey Portrait Neale Hanvey
- Hansard - -

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 Portrait Luke Pollard
- Hansard - - - Excerpts

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 Portrait Neale Hanvey
- Hansard - -

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

Baroness Winterton of Doncaster Portrait Madam Deputy Speaker (Dame Rosie Winterton)
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Order. The hon. Gentleman should carry on.

Neale Hanvey Portrait Neale Hanvey
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I will—

Christopher Chope Portrait Sir Christopher Chope (Christchurch) (Con)
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Is the hon. Gentleman referring to clause 4 and line 10 on page 3 of the Bill, where there a specific reference:

“to suppress a sexual orientation”?

Neale Hanvey Portrait Neale Hanvey
- Hansard - -

Yes. As I was saying, the document points out that the use of the Sentencing Acts definitions is “problematic” because the definition of

“‘sex’…is not settled in law and a Supreme Court Case on the subject is pending. ‘Transgender Identity’ is similarly problematic because the concept of ‘identity’ is wider than the equivalent protected characteristic”

in the Equality Act.

The document moves on to the ineffectiveness of statutory defences, saying:

“While Clause 1(2) of the bill makes serious efforts to deal with concerns around prosecutions each defence raises serious issues in the following terms:

a. The religion defence is not a statutory defence at all because it cannot apply where a conversion practice has taken place. This means it is not an excusatory defence in criminal law.

b. The ‘approval/disapproval’ defence is vague and ‘disapproval’ is not defined

c. The ‘health practitioner’ defence is a complex three-part defence which places the ‘reverse burden’ on a Defendant. The definition of a ‘health practitioner’ at Clause 4 covers most but not all clinical roles, (unregulated therapists, counsellor, helpline operators or online forum moderators would not qualify). To rely on this defence, a health practitioner must also prove to the civil standard (i) they were complying with regulations (this term is not defined) (ii) that the action they took was reasonable and (iii) that there was no ‘predetermined outcome’. Placing reverse burdens on Defendants (particularly clinicians or similar) is generally considered to be undesirable because Defendants are not expected to prove their innocence. Legitimate clinical practice will sometimes have a predetermined outcome where a confident and clear diagnosis is made.”

I can think of examples where that would apply in clinical practice.

The document continues:

“d. The ‘assisting’ defence is unclear and undefined.

e. The ‘exploring or questioning’ defence suffers from the same flaw as the religion defence, it applies only where a conversion practice is not proved and so is not a statutory defence at all.

f. The ‘parental responsibility’ defence applies only where a person having parental responsibility (i) is exercising it and (ii) where they prove on reverse burden that the welfare of the child was their paramount consideration. As children get older parental responsibility in law is ‘exercised’ less and less. Requiring a parent to prove that welfare was not simply a consideration, but a ‘paramount’ consideration is onerous and likely impossible for a Defendant parent to prove.”

The Gay Men’s Network also addresses the human rights issues we heard about from the two KCs earlier:

“We take the view that the bill as drafted is not compliant with the Human Rights Act 1998 and would likely be declared incompatible with the convention for the following reasons:

Right to a Fair Trial (Article 6)

A prosecution alleging a parent supressed an identity by regulating clothing would require a parent to accept that such an identity exist. That is contrary to Article 6 which requires criminal tribunals be independent. It would also compel belief in the criminal sphere in such a concept while disbelief in such a concept is a protected characteristic in the civil sphere. That would create a serious inconsistency in law.”

That is very clear. The document continues:

“The bill leaves key terms undefined which is contrary to the Article 6 right that a Defendant understand the case against them in ordinary and clear language. The reverse burdens in clause 1(2) impose significant and onerous burdens on Defendants and in some cases do not amount to statutory defences at all.

Right to respect for private and family life (Article 8)

The bill makes significant incursions into family life by potentially criminalising parental guidance or regulation that touches on sexual orientation or ‘transgender identity’. Difficult conversations that parents have”—

as we spoke about some time ago—

“as a matter of course would potentially be criminalised. Further, a parent can only rely on the relevant defence as outlined above. This is highly likely to be viewed as significant state overreach by domestic and supra national courts.

Right to freedom of conscience (Article 9) and expression (Article 10)

This bill would significantly curtail both religious and political expression. A similar bill passed in Victoria, Australia, led to the domestic human rights body regulating public prayer. The fact that criminal liability can trigger from a single incident and the wide meaning of the term “supress” casts the net of criminal liability so widely the offence is likely to be declared incompatible with the convention.”

The document concludes:

“While the member for Brighton Kemptown has made significant efforts to deal with such concerns our position is that a bill based on the self-reported phenomenon of ‘identity’ and the wide term ‘supress’ might, despite best efforts, perversely fuel the very problem that it intends to solve.”

As I mentioned earlier, like section 28, the Bill would likely prevent a young person from securing an explorative conversation with even the most supportive and receptive trusted adult, due to its chilling effect. I have also raised the question of who would then provide the approved therapy.

Moving on to therapists, in a recent paper, educational psychologists Dr Claire McGuiggan, Dr Peter D’Lima and Lucy Robertson highlight the assumption that psychologists will be the ones who will guide the response and who have the skills to do so, but observe that psychologists are divided on this issue, too. They note the following:

“In response to the interim findings of the Cass review…the Association of Clinical Psychologists-United Kingdom…published a statement demanding a radical shift in the support for young people with gender concerns. They called for more comprehensive multi-disciplinary assessments and increased consideration of sociocultural factors, such as homophobia. The ACP-UK also strongly conveyed the uncertainty about how best to intervene related to the dearth of robust and high-quality data on the safety and effectiveness of medical transition, and the inability of clinicians to ascertain clearly who will persist or desist in their gender dysphoria…The ACP-UK statement was met with a rebuttal from a group of clinical psychologists in an open letter to the ACP-UK…They disassociated themselves from the ACP-UK response…Within educational psychology professions, however, only two educational psychologists have publicly referenced the concerns reflected in the Cass review.”

Apart from those two voices, the psychologists claim that there is silence, avoidance and suppression.

Silence: there is no response from the Association of Educational Psychologists or the Division of Educational and Child Psychology, and no guidance or caution, despite it being reported that educational psychologists are expertly placed to support trans-identified young people. Avoidance within the profession: it almost appears as if the Cass review did not happen at all, and that there is clear consensus on how best to support trans-identified youth. Their approach is affirmation, and that is the problem. Alongside that, there is suppression. That is being enacted on social media, where clear messages have been put out that if anyone asks a difficult questions, they are to be shut down and reported to the regulator and will face disciplinary action. That is the culture at the back of all of these pieces of legislation. That is the risk: professionals cannot become activists. That is happening in education and in educational psychology.

The paper led the authors to raise the fundamental position—I absolutely agree with it, and it applies to so many disciplines—that surely a healthy profession, a profession which prides itself on child-centred, evidence-based reflective practice, cannot continue to avoid, ignore or suppress the issue any longer. It must openly, explicitly and deeply engage with it. Disagreement must be tolerated and explored. The alternative is avoidance of the issue to protect educational psychologists from discomfort at the expense of the needs of children.

Nick Fletcher Portrait Nick Fletcher (Don Valley) (Con)
- Hansard - - - Excerpts

The hon. Gentleman is making a fantastic speech. I live by this quote of Thomas Sowell:

“There are few things more dishonorable than misleading the young.”

It has stuck with me ever since I read it. The House needs to remember that. Does the hon. Gentleman agree that if we can only affirm a child’s choice, to believe that they are in the wrong body, we are in a desperate situation and would be in a place where we were misleading the young? That would be absolutely tragic for every child, every parent, every teacher, every member of the clergy and every practitioner, not just in this country, but across the world.

Neale Hanvey Portrait Neale Hanvey
- Hansard - -

I thank the hon. Gentleman for making that important point. This is a question that every single Member of the House needs to bear in mind: what will they do in five or 10 years’ time, when a sea of people who were affirmed and rapidly put on to a pathway of irreversible treatment, come to the politicians and say, “You did this to me. You said this was okay. You made this policy. You stopped me from accessing therapy. I needed therapy”?

We have had the warning signs from Keira and others. We know that that is a real risk and we know that detransitioning is under-reported. A lot of people are out there, suffering in silence. They are not being listened to. No services are reaching out to them. They may feel completely lost and at sea. We have to think very carefully about facilitating that and putting a new tranche of young people on to that irreversible pathway.

The EPs made a really important point, and I will take up another point from the intervention of the hon. Member for Don Valley (Nick Fletcher). My professional background is in working with young people in cancer care. I worked with older paediatric patients from the ages of 11 upwards and sometimes into young adulthood. It is quite amazing how young people can accommodate some of the most difficult information. They can face challenges that would humble most of us and make well-informed decisions, but the reality is they have no choice in that situation, because they have cancer, and nobody can make that go away. I know that young people can make courageous decisions, but there is a fundamental difference between helping and guiding a young person through those types of choices and affirming a young person on an irreversible pathway of medical surgical intervention that is completely unnecessary. I cannot for the life of me understand how any professional can say, “I did a good job today because I have allowed this young person to go down this irreversible pathway,” knowing full well the later effects of those types of treatments.

All that is important, because comprehending one’s adult self as a child is different from dealing with difficult questions that cannot be avoided. While children have aspirations and ideas about who they want to be when they grow up, based on their experiences and observations, their understanding is limited by their cognitive, emotional and physical development. Proponents of queer theory often claim that Gillick competence allows all children to consent to any treatment or process, but that is a complete misunderstanding of what Gillick competence is. It is a name conferred to a legal principle established in the UK with Gillick v. West Norfolk and Wisbech Area Health Authority, which states that minors under the age of 16 can consent to medical treatment without parental consent if they demonstrate sufficient understanding and intelligence to comprehend the nature and implications of the treatment.

I refer back to the comments I just made: that is simply not possible, because that is not something a young person can do. Children cannot grasp the full complexities of adulthood in the way that adults can, and they do not have the ability to project themselves into their as yet unformed future adult self. However, children can still develop a sense of their future selves, which may evolve and change as they mature. The best way to deal with that is to build a relationship with them, talk about how they feel about things and themselves and have that dialogue. This legislation limits that, and that is important parenting.

Piaget’s theory of cognitive development highlights how children’s understanding of themselves and the world evolves as they mature, and other researchers have also looked into childhood development. We know the science behind all this, and the Bill gets in the way of allowing children to actualise and become their authentic selves by limiting their exploration of these important and defining facets of who they ultimately will become.

All the above leads me to my final argument: the inversion of John Stuart Mill’s harm principle. Articulated in his work “On Liberty”, it asserts that the only justification for society or the state to interfere with an individual’s liberty is to prevent harm to others. According to Mill, individuals should have the utmost freedom to act as they please, as long as their actions do not harm others. That principle rests on the idea of individual autonomy and the importance of personal liberty in a free society, and it has profound implications for the role of Government and the limits of state power. It advocates for minimal interference in the private lives of individuals, allowing them to pursue their own interests and lifestyles without undue constraint, as long as they do not infringe on the rights and wellbeing of others. The Bill unquestionably interferes with the freedoms, rights and wellbeing of everyone, including those whom it claims to protect.

Mill’s harm principle remains a cornerstone of liberal thought, emphasising the importance of individual freedom while acknowledging the need for societal constraints when harm is involved. This Bill ushers in a wholesale redefinition of the harm principle whereby it will be illegal to say the “wrong thing” even if it inflicts no perceivable harm, while simultaneously inflicting a totalitarian queer theory world view on everyone else. That is my fundamental concern about the Bill. I think it important that we address the issue, but now is the wrong time, this is the wrong Bill, and queer theory is absolutely the wrong backdrop. If we really want to protect gender non-conforming and other vulnerable young people, we should recognise that they deserve a robust defence of free speech as a basic right, essential for the exchange of ideas and the pursuit of truth.

Despite the sincere attempts of the hon. Member for Brighton Kemptown to carve out exemptions, we simply cannot ignore the fact that the Bill is the thin end of the wedge of the introduction of queer theory doctrine into UK law, and the survival of those exemptions is contingent on their not being amended or nullified by the insertion of new clauses and amendments. This is not a ban on conversion practices; it provides the ammunition of criminal accusations for radicalised gender activists, many of whom are vociferously homophobic. Any legislation that facilitates a process to “trans away the gay” is deeply sinister and dangerous.

As I said at the outset, legislation is supposed to fix a problem, not create a new one. This proposal does real and foreseeable harm, and it should be rejected by every Member of the House and every LGB and T person who truly values the equality and the fundamental human rights of everyone. This legislation must ultimately be defeated, or we will risk depriving a generation of young LGB and T people from becoming the fabulous, vibrant and unique gender non-conforming people they have every right to be.

I will end where I began my contribution to the recent Westminster Hall debate, by quoting Kierkegaard, who said:

“There are two ways to be fooled. One is to believe what isn't true; the other is to refuse to believe what is true.”

--- Later in debate ---
Lyn Brown Portrait Ms Lyn Brown (West Ham) (Lab)
- View Speech - Hansard - - - Excerpts

I genuinely thank my hon. Friend the Member for Brighton, Kemptown (Lloyd Russell-Moyle) for bringing forward this Bill. He has behaved in an exemplary way from the very beginning, and his conduct today demonstrates what a worthy proponent he is for this cause.

I will not speak for long. I did not prepare very much because I hoped for a successful closure motion, but I want to put on record my continuing support for a comprehensive ban on conversion practices. As we have heard in many speeches today, conversion practices are simply horrific, and it is utterly disappointing that this Government have, yet again, broken their repeated promises to act on these heinous practices.

What does it say about our politics that Parliament has been denied the chance to act against the heinous abuses we have heard about today?

Neale Hanvey Portrait Neale Hanvey
- Hansard - -

Will the hon. Lady give way?

Lyn Brown Portrait Ms Brown
- Hansard - - - Excerpts

No. Do not try my patience.

I remind all colleagues that protecting the rights of LGBT+ people and advancing equality used to be seen as a shared mission across the House. As I said earlier, I was the Government Whip on the Equality Act 2010, and we worked so hard to pass a law that carefully and cautiously addressed the genuine concerns of those who opposed those measures. There were disagreements but, with real effort, we built cross-party support. I honestly believe that we can do the same with this Bill today.

When we debated the Equality Act, people could see that our common aim was to protect the vulnerable and to help all our communities live better together. Even a few years ago, however much we argued about the detail, most of us believed that progress was being made on equality in the UK and globally. That shared understanding was the basis for the Conservative Government’s welcome pledge to ban conversion practices.

Sadly, it seems that we are losing even the aspiration to work together on improving everyone’s life. Instead, the media narrative and our politics are driven by attempts to stoke division. Frankly, I now get emails from LGBT+ constituents whose understandable emotions are often fear and panic.

I know that the issues we are discussing today are far from simple, and I have received many impassioned messages from constituents with many different views, which makes it important for us to start with compassion and common sense. I believe that we can find our way through the disagreements and distortions about the scope of the Bill, as we have on many previous equality issues. Given that the Government’s agenda has completely stalled, I had hoped that Ministers would make a commitment today to work in good faith with my hon. Friend the Member for Brighton, Kemptown on this Bill but frankly, given today’s shenanigans, I am not holding my breath. It could not be clearer that some Conservative Members would rather pursue their politics of divisive culture wars than engage.

I know that many Conservative Members recognise the damage that is being done to our country by all this division, and want to put compassion and solidarity with victims first. That is what I stood for today, that is what I voted for today, and that is why I supported my hon. Friend’s Bill.

--- Later in debate ---
Suella Braverman Portrait Suella Braverman
- Hansard - - - Excerpts

My hon. Friend brings me to my next point, which he has just made very powerfully. The existing law already protects gay and trans people from verbal and physical abuse, much as he set out. The offensive and abhorrent practices that we are talking about but cannot yet evidence include corrective rape, electroshock therapy, forced marriage, screaming in the face, holding down while praying, threats of physical violence, harassment, coercive or controlling behaviour, and other physical and verbal abuse. However, all such activity is already criminal under myriad laws, ranging from the Sexual Offences Act 2003 to the Protection from Harassment Act 1997. There is a long list, which I do not have time to go through.

Neale Hanvey Portrait Neale Hanvey
- Hansard - -

I want to make a swift point. A whole range of legislation is in place to manage many of the concerns that have been voiced across the Chamber, and no one is in any way suggesting that we support them—I certainly do not support conversion practices—but any legislation that looks at this has to have absolute precision about what exactly it is addressing. The problem with the Bill is that it is so wide in scope and it replicates legislation that is already in place. We need to look at what the current legislation covers, look for the gap and, if it does exist, then legislate precisely to address the problem.

Suella Braverman Portrait Suella Braverman
- Hansard - - - Excerpts

The hon. Gentleman puts that incredibly well. It reminds me of Edmund Burke, who said:

“Bad laws are the worst sort of tyranny.”

Bad laws make bad customs, and in this place we want to avoid good people making bad laws. I am afraid that the coverage by the legislation of all sorts of horrendous behaviour that is being talked about means that there is no good reason for it. It is a bad law.