Conversion Practices (Prohibition) Bill

Debate between Neale Hanvey and Danny Kruger

2nd reading
Friday 1st March 2024 Commons Chamber

[Neale Hanvey]

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]

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]

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.

--- Later in debate ---

[Neale Hanvey]

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]

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]

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.