Wednesday 6th December 2023

(1 year ago)

Westminster Hall
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Stuart Andrew Portrait The Parliamentary Under-Secretary of State for Culture, Media and Sport (Stuart Andrew)
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It is a pleasure to serve under your chairship this morning, Ms Fovargue. I congratulate the hon. Member for Bury South (Christian Wakeford) on securing the debate. I fully empathise with the strength of feeling shown today on this issue, appreciate the candour of the debate, and empathise with some of the emotional and harrowing stories that we heard, in particular those of Sienna and Ben.

So-called conversion therapy practices are dangerous and pseudo-scientific. They are based on two ill-founded beliefs: one is that being LGBT is a defect and that not being LGBT is somehow preferable, and the other is that it is possible to forcibly change somebody who identifies as LGBT to fit that preference.

I want to lay out my position clearly. Lesbian, gay, bisexual and trans people are invaluable, loved and integral members of the UK communities, and they deserve to be able to live authentically and openly, without fear of discrimination or of being targeted by perpetrators of conversion practices. To put it simply, conversion practices are wrong, and they do not work. The practices can take many different, sometimes overlapping, forms. They may involve the use of physical or sexual violence to hurt, scare and punish the victim. They may also involve abusive and hateful language—shouting at and continuously berating someone for being gay or trans.

Such harmful efforts may also be pitched as therapy, but far from being legitimate support, they are carried out by someone with a predetermined outcome in mind and a specific desire to change the individual accordingly. They may involve telling the LGBT person that their identity is wrong or an illness, and claiming that they can be fixed to be “normal.” To be clear, I absolutely condemn those acts. No individual should be forced or coerced into changing their identity.

I completely understand and empathise with the strong views expressed by hon. Members who want to see meaningful and timely action by the Government. I fully appreciate that the uncertainty around the Government’s next steps in this space, and how those have been reported and discussed, has sometimes been unsettling and frustrating, not least for the LGBT community, who are undoubtedly the group most affected by the issue. I express my sympathies with those sentiments and my apologies for the delay. I continue to be committed to tackling conversion practices—as I was long before I was a Minister—and delivering on our manifesto commitment to combat harassment and violence against LGBT people.

I am working closely with the Minister for Women and Equalities in the hopes of setting out further details in Parliament on the Government’s plans in this space in the near future. Last week in this hall, a debate was held on the 20th anniversary of the repeal of section 28. There was a consensus that this country has come a long way on LGBT rights. I am proud that the UK has built one of the most comprehensive and robust legislative protection frameworks for LGBT people in the world, but of course there is more to do. Many harmful, physically violent acts done in the name of conversion practice are, rightly, already illegal in this country, but there remains a gap, albeit narrow, in the existing legislative framework, particularly surrounding non-physical and speech-based acts, such as specific instances of verbal degradation or abuse that are not covered by existing legislation.

Peter Gibson Portrait Peter Gibson
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The Minister will be aware of my recent written parliamentary question and the question that I raised in my speech about whether the provisions in existing legislation, such as the Offences against the Person Act 1861, are sufficient to tackle some abusive practices that are used in conversion therapy. Are the Government actively looking at providing guidance for the Crown Prosecution Service and the police, based on what may already be on the statute book, to provide them with the tools to tackle those practices?

Stuart Andrew Portrait Stuart Andrew
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My hon. Friend raises an important point. There are elements that could bring about prosecutions, but we are aware that more work needs to be done on providing the guidance that the police, the CPS and so on need. There have been accusations that nothing has been happening in the past couple of months, but that is part of the work that we have been looking at. What could we do to provide encouragement and confidence to those who are implementing the protections of the law and give them the guidance that they will need? I hope that we will be able to provide more of an update on that in the time to come.

John Hayes Portrait Sir John Hayes
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The Minister will be aware that many young people go through gender dysphoria and there is some evidence that that has increased over time. Growing up is a confusing time, as I said in my speech. Although I entirely agree with him about prohibiting cruel and spiteful practice, on the business of seeking counsel during that confusion from family or friends, or perhaps from an organisation or a church, we surely would not want to ban that.

Stuart Andrew Portrait Stuart Andrew
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My right hon. Friend raises a point that I am about to address.

John Hayes Portrait Sir John Hayes
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Can he hurry up?

Stuart Andrew Portrait Stuart Andrew
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Absolutely. I think we can agree that we must take particular care in this area when we consider legislative action. Any legislation targeting harmful practices must not affect the wider ability of parents, teachers, councillors, religious leaders or healthcare practitioners to have open, exploratory and sometimes even challenging conversations with young people who are expressing or exploring their identity. The hon. Member for Vauxhall (Florence Eshalomi) put it very well when she talked about her church and many people seeking support from that church. Protecting legitimate talking therapies is essential, especially for young people. We must not inadvertently criminalise or have a chilling effect on legitimate interventions and conversations.

I know from personal experience that it was conversations with my mum that helped me get through my period of coming out and realising what my sexuality was. I would not want my mum to feel that she could not have that honest conversation. Despite the fact that I am a big supporter of the conversion practices Bill, I have, as I have got into the detail, recognised that there are complexities that need to be addressed to ensure that those honest conversations can be had.

Neale Hanvey Portrait Neale Hanvey
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Will the Minister give way?

Joanna Cherry Portrait Joanna Cherry
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Will the Minister give way?

Stuart Andrew Portrait Stuart Andrew
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I will give way to the hon. Gentleman first and then the hon. and learned Lady.

Neale Hanvey Portrait Neale Hanvey
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The Minister touches on a really important point: what exactly is in scope here? For many of us with deep concerns, particularly the ones that I have raised, it is important that we understand that practices such as affirmation-only models, which accelerate young people on to irreversible pathways, would form part of any conversion therapy ban and that we ensure that young people are given the space, as he was so lucky to have—the space and time of his mother; myself likewise—to explore their identity and move forward with confidence. When will the Government set out exactly what is in scope and what is to be banned? That might assuage some of the concerns that many people have. Will it include preventing teachers who have absolutely no experience in gender ideology or gender identity care from keeping secrets from parents?

Stuart Andrew Portrait Stuart Andrew
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The hon. Gentleman makes some interesting points, but there is an assumption that conversion is a one-way street. It is not. It goes both ways. That is what we are trying to address in the draft Bill. There has been some criticism, but our intention is to have pre-legislative scrutiny precisely so that we can check that we have got this right and that it will be the right legislation to bring about the banning of abhorrent practices that are happening to young people. I was not going to mention this, but I was part of a church. My faith is very important to me. But when I was coming out, some of the things that were said to me took me to the edge of ending it all—although it is something I never thought of doing—because it was so horrific.

I want to stop those practices being done to other people. Of course I do. However, I want to make sure that we get this absolutely right and make good legislation. Others have mentioned legislation around the world: yes, other countries may have introduced it, but how many prosecutions have they brought? Does the legislation cover the issue in the way that was intended? That is why we are considering other legislation carefully, to see what we can learn from it and get it right.

Joanna Cherry Portrait Joanna Cherry
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I am delighted to hear that the Minister is giving this such careful thought. Has he read the interim report of the Cass review? It states:

“We have heard from young lesbians who felt pressured to identify as transgender male.”

Does he agree that we should wait until we get the final report of Hilary Cass’s review before framing any legislation?

--- Later in debate ---
Stuart Andrew Portrait Stuart Andrew
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Obviously I have read it, and I look forward to seeing the final report. It will be an important area of work. I cannot give specifics on timing, but if PLS is being done at the time, I imagine it will include consideration of the review’s findings.

Florence Eshalomi Portrait Florence Eshalomi
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I know that the Minister cares deeply and passionately about the issue. I commend him for his honesty about his personal experience, but, equally—I do not impose my faith on anyone—I recognise that many people in the faith community welcome everybody and respect them for who they are. On the issue of parents and schools, after every little scratch or sneeze, I get a letter home about what my children are doing. We will work through this with schools and, in the case of the small minority of parents who, sadly, do not have the best interests of their children at heart, we will make sure that the legislation protects those children.

Stuart Andrew Portrait Stuart Andrew
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The hon. Lady makes an important point. I have always been welcomed at every church to which I have been since that time.

Florence Eshalomi Portrait Florence Eshalomi
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You are welcome at my church.

Stuart Andrew Portrait Stuart Andrew
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Thank you. That is very nice. Society has moved on, but some people are still subjected to pretty horrific experiences.

Christian Wakeford Portrait Christian Wakeford
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I thank the Minister for giving way and for the careful thought he is putting into his responses, especially in sharing his experience. My sympathy goes out to him for having had to endure it.

If the Prime Minister supports a ban—I think we all support a ban, although what it might look like is open to debate—surely the earlier we start pre-legislative scrutiny, the sooner we can answer these questions. We do not necessarily need to wait for reports to be finished; they can be added into the scrutiny as and when they are complete. Surely we should have the conversations and scrutiny now and feed into the process later. Does the Minister agree?

Stuart Andrew Portrait Stuart Andrew
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I hope it will not be too much longer before the hon. Gentleman enjoys the opportunity to put that suggestion forward. I hope the House will understand what I am trying to get at.

During my time as Minister for Equalities, to ensure that I fully understand all the viewpoints and concerns, departmental officials and I have engaged with a wide range of stakeholders on conversion practices, including with victims and survivors, LGBT rights groups, healthcare professionals, faith groups and groups advocating for sex-based rights. I am grateful to the stakeholders and the victims who have provided their testimonials and contributions through the Government’s public consultation. I am also grateful to everyone here for taking the time to consider and inform debate on how best to tackle this issue.

These sensitive issues must be discussed in a respectful and tolerant way, in line with our shared values. As we know, with such strength of feeling, the debate and rhetoric has the potential to become divisive and toxic. I am therefore encouraged by the many Members of the House and members of the public who get their points across while remaining open and respectful towards those holding differing views. We must remember that these discussions concern the lives of real people, not theoretical scenarios or sensationalist headlines, and that all individuals deserve to be spoken about and treated with dignity and compassion. In the same way, all victims of conversion practices deserve adequate, free and confidential support. That is why the Government continue to fund a support service open to all victims and those at risk of conversion practices, regardless of their background or circumstances. The support service is operated by Galop, the UK’s leading LGBT anti-violence charity. It combines decades of expertise with an approach of patience and empathy. The confidential service is open to anyone who is currently experiencing, has previously experienced or is at risk of experiencing conversion practices. The service helps people to not only to report their situation, but to access tailored support and guidance on relevant external assistance such as counselling or emergency housing. I encourage anyone affected by or at risk of conversion practices to contact the service as soon as possible so that they can get the help they need.

Once again, I thank the hon. Member for Bury South and all colleagues who have contributed to the debate. I personally understand the significance of a Bill; I will do everything I can to ensure that we can get to pre-legislative scrutiny as soon as possible, and I hope that we can continue to work together towards our shared vision of a fairer and more inclusive society.